DAILYKENN.com -- Be as gay as you want to be. It's your business; not mine and certainly not the government's.
However, when you
• demand special privilege status for your lifestyle
• enforce that privilege with government authority
• and intrude on my right of associate and religious liberty
then it becomes a contestable matter.
From reuters.com and trust.org▼
By Lawrence Hurley
WASHINGTON, June 4 (Reuters) - The U.S. Supreme Court on Monday handed a victory on narrow grounds to a Colorado Christian baker who refused for religious reasons to make a wedding cake for a gay couple, stopping short of setting a major precedent allowing people to claim exemptions from anti-discrimination laws based on religious beliefs.
The justices, in a 7-2 decision, said the Colorado Civil Rights Commission showed an impermissible hostility toward religion when it found that baker Jack Phillips violated the state's anti-discrimination law by rebuffing gay couple David Mullins and Charlie Craig in 2012. The state law bars businesses from refusing service based on race, sex, marital status or sexual orientation.
The ruling concluded that the commission violated Phillips' religious rights under the U.S. Constitution's First Amendment.
But the justices did not issue a definitive ruling on the circumstances under which people can seek exemptions from anti-discrimination laws based on their religious views. The decision also did not address important claims raised in the case including whether baking a cake is a kind of expressive act protected by the Constitution's free speech guarantee.
Two of the court's four liberals, Stephen Breyer and Elena Kagan, joined the five conservative justices in the ruling authored by Justice Anthony Kennedy, who also was the author of the landmark 2015 decision legalizing gay marriage nationwide.
"The commission's hostility was inconsistent with the First Amendment's guarantee that our laws be applied in a manner that is neutral toward religion," Kennedy wrote.
But Kennedy also stressed the importance of gay rights while noting that litigation on similar issues is likely to continue in lower courts.
"Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth," Kennedy wrote.
"The outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market," Kennedy added.
The case marked a test for Kennedy, who has authored significant rulings that advanced gay rights but also is a strong advocate for free speech rights and religious freedom.
Of the 50 states, 21 including Colorado have anti-discrimination laws protecting gay people.
The case pitted gay rights against religious liberty. President Donald Trump's administration intervened in the case in support of Phillips.
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