Tuesday, June 5, 2018

The 7-to-2 decision by the U.S. Supreme Court in Masterpiece Cake Shop v. Colorado Civil Rights Commission looks pretty horrific on the surface. But read the article: There was no Constitutional ruling here. The majority based its ruling on narrow technical grounds, arguing that the Colorado Human Rights Commission showed "implacable" (sic) hostility to religion during the proceedings which made its ruling suspect.

The majority went out of its way to defend gay rights in the ruling, writing in some pretty strong language. Even the dissenters said they agreed with much of the majority's language; where they differed was in the finding against the human rights commission.

The majority went out of its way again to say that this ruling was highly technical, and that other cases of a similar nature coming before the court needed to be heard on their own merit.

Frankly, I'm not even sure the homophobic baker is off the hook. If proceedings were initiated again, and the Colorado Human Rights Commission did them correctly, the homophobic baker might not win a second time...

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