Gay marriage and Baker v. Nelson - SCOTUSblog

Contents:

• US SUPREME COURT BACKS COLORADO BAKER'S GAY WEDDG KE SNUB
• IN NARROW OPN, SUPREME COURT RUL FOR BAKER IN GAY-RIGHTS CASE
• IN NARROW LG, SUPREME COURT GIV VICTORY TO BAKER WHO REFED TO MAKE KE FOR GAY WEDDG
• SUPREME COURT TOSS LG AGAST BAKERS WHO REFED KE FOR GAY UPLE
• U.S. SUPREME COURT BACKS CHRISTIAN BAKER WHO REBUFFED GAY UPLE
• SUPREME URT SIS WH BAKER WHO REFED TO MAKE GAY WEDDG KE
• THE SUPREME COURT L FOR A SIGNER WHO DON’T WANT TO MAKE WEDDG WEBS FOR GAY UPL
• GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE
• GAY MARRIAGE: SIDG WH RELIG BAKER IS PROBLEMATIC
• GAY MARRIAGE AND BAKER V. NELSON
• UK SUPREME URT BACKS BAKERY THAT REFED TO MAKE GAY MARRIAGE KE
• SUPREME COURT L FAVOR OF BAKER WHO WOULD NOT MAKE WEDDG KE FOR GAY UPLE
• A GAY UPLE RAN A RAL RTRANT PEACE. THEN NEW NEIGHBORS ARRIVED.

US SUPREME COURT BACKS COLORADO BAKER'S GAY WEDDG KE SNUB

Image source, RtersImage ptn, Jack Phillips has temporarily stopped makg weddg kThe US Supreme Court has led favour of a baker Colorado who refed to make a weddg ke for a gay Colorado state urt had found that baker Jack Phillips' cisn to turn away David Mulls and Charlie Craig 2012 was unlawful the Supreme Court led on Monday a 7-2 vote that that cisn had vlated Mr Phillips' rights. The nservative Christian ced his relig beliefs refg rights groups feared a lg agast the uple uld set a precent for treatg gay marriag differently om heterosexual the Supreme Court's verdict stead foc specifilly on Mr Phillips' se. The cisn do not state that florists, photographers, or other servic n now refe to work wh gay lg three years after the Supreme Court ma same-sex marriage the law of the land s landmark Obergefell v Hodg source, Getty ImagImage ptn, David Mulls (left) and Charlie Craig wanted a weddg ke to celebrate their planned marriageWhat did Monday's lg say?

The Supreme Court Belfast has yet to release an opn on a lower urt lg that found the owners of a bakery discrimated agast a gay activist for refg to bake a ke wh the slogan "Support Gay Marriage" row began May 2014, when gay activist Gareth Lee placed an orr for a ke wh the gay marriage days later, the Christian-owned Ashers bakery ncelled the orr sayg "would ntradict their relig beliefs". Kennedy said is "unexceptnal" that Colorado law "n protect gay persons acquirg products and servic on the same terms and ndns that are offered to other members of the public, " but at the same time, "the law mt be applied a manner that is ntral toward relign. He closed by sayg that "the oute of s like this other circumstanc mt awa further elaboratn the urts, all the ntext of regnizg that the disput mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market.

It gave no ht as to how the urt might ci future s volvg florists, bakers, photographers and other bs owners who have ced relig and ee-speech objectns when refg to serve gay and lbian ctomers the wake of the Supreme Court's 2015 same-sex marriage the 7-2 cisn, the urt said legal proceedgs Colorado had shown a hostily to the baker's relig views. "The disput mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market, " Kennedy the lg, which me durg Pri Month, gave ltle guidance to the lower urts about how to balance those petg cisn was a victory for Jack Phillips of Masterpiece Cakhop Denver, who has said that his k are works of art and that requirg him to bake them for same-sex weddgs would force him to exprs a view that vlated his relig beliefs.

IN NARROW OPN, SUPREME COURT RUL FOR BAKER IN GAY-RIGHTS CASE

Craig and Mulls filed a plat after nservative Christian baker Jack Phillips refed to make them a weddg ke for their same-sex Somovilla / Getty ImagAfter the uple filed a formal plat, Colorado urts led that the state's public acmodatn law, which bans discrimatn by pani offerg their servic to the public, did not allow Phillips to refe the gay uple's requt. WASHINGTON SUPREME COURT RULES AGAINST FLORIST WHO REFUSED SERVICE FOR GAY COUPLE'S WEDDINGOn Monday, the Supreme Court sent the Kle se back down to a lower urt "for further nsiratn light of" their Colorado central disput the se -- which ps LGBT rights agast relig eedom nsiratns -- have yet to be addrsed by the Supreme Court. Kle then said the bakery do not make k for gay weddgs, urt documents 's mother, who was wh her, said Kle quoted the Bible when explag his Kles had to pay a $135, 000 judgment to the uple for discrimatg agast them vlatn of a state public acmodatns statute.

Supreme Court on Monday hand a victory on narrow grounds to a Colorado baker who refed based on his Christian beliefs to make a weddg ke for a gay uple, stoppg short of settg a major precent allowg people to claim relig exemptns om anti-discrimatn jtic, a 7-2 cisn, said the Colorado Civil Rights Commissn showed an impermissible hostily toward relign when found that baker Jack Phillips vlated the state’s anti-discrimatn law by rebuffg gay uple David Mulls and Charlie Craig 2012.

IN NARROW LG, SUPREME COURT GIV VICTORY TO BAKER WHO REFED TO MAKE KE FOR GAY WEDDG

The cisn also did not addrs important claims raised the se cludg whether bakg a ke is a kd of exprsive act protected by the Constutn’s ee speech of the urt’s four liberals, Stephen Breyer and Elena Kagan, joed the five nservative jtic the lg thored by Jtice Anthony Kennedy, who also wrote the landmark 2015 cisn legalizg gay marriage baker se beme a cultural flashpot the Uned Stat, unrsrg the tensns between gay rights proponents and nservative sis claimed a measure of victory.

“Our society has e to the regnn that gay persons and gay upl nnot be treated as social outsts or as ferr digny and worth, ” Kennedy Kennedy said the state missn’s hostily toward relign “was nsistent wh the First Amendment’s guarantee that our laws be applied a manner that is ntral toward relign. “The First Amendment prohibs ernments om discrimatg agast cizens on the basis of relig beliefs, ” Attorney General Jeff Ssns said a cisn ma clear that even if the urt ultimately l a future se that bakers or other bs that sell creative products such as florists and weddg photographers n avoid punishment unr anti-discrimatn laws, most bs open to the public would have no such the 50 stat, 21 cludg Colorado have anti-discrimatn laws protectg gay se marked a tt for Kennedy, who has thored signifint lgs that advanced gay rights but also is a strong advote for ee speech rights and relig eedom. “The oute of s like this other circumstanc mt awa further elaboratn the urts, all the ntext of regnizg that the disput mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market, ” Kennedy a wrten dissent, Jtice Ruth Bar Gsburg, joed by fellow liberal Sonia Sotomayor, said what mattered was that Phillips would not provi a good or service to a same-sex uple that he would provi to a heterosexual ligatn, along wh siar s around the untry, was part of a nservative Christian backlash to the Supreme Court’s gay marriage lg.

But the hight urt the land is not cidg the big issue the se – whether a bs n refe to serve gay and lbian Supreme Court jtic' limed lg Monday turns on what the urt scribed as anti-relig bias on the Colorado Civil Rights Commissn when led agast baker Jack Phillips.

SUPREME COURT TOSS LG AGAST BAKERS WHO REFED KE FOR GAY UPLE

”An earlier cisn the Kern unty superr urt also went Miller’s way, but was later vated by the fifth district urt of appeal, which sent the lawsu back to the cisn as a Colorado baker is challengg a lg he vlated that state’s anti-discrimatn law by refg to make a ke celebratg a genr baker, Jack Phillips, separately won a partial US supreme urt victory after refg on relig grounds to make a gay uple’s weddg ke a ago. For nearly three s, the urt has expand the rights of LGBTQ people, most notably givg same-sex upl the right to marry 2015 and announcg five years later a cisn wrten by Gorsuch that a landmark civil rights law also protects gay, lbian and transgenr people om employment the latt cisn, however, Gorsuch said that a lg agast Smh would allow the ernment “to force all manner of artists, speechwrers, and others whose servic volve speech to speak what they do not believe on pa of penalty.

The immediate, symbolic effect of the cisn is to mark gays and lbians for send-class stat, ” she wrote at another as has expand gay rights, however, the urt has been reful to say those wh differg relig views need to be rpected.

U.S. SUPREME COURT BACKS CHRISTIAN BAKER WHO REBUFFED GAY UPLE

The belief that marriage n only be between one man and one woman is an ia that “long has been held — and ntu to be held — good fah by reasonable and scere people here and throughout the world, ” Jtice Anthony Kennedy wrote the urt’s gay marriage cisn. ImageLorie Smh said her Christian fah requir her to turn away ctomers seekg servic to celebrate same-sex Woolf for The New York TimThe Supreme Court sid on Friday wh a web signer Colorado who said she had a First Amendment right to refe to sign weddg webs for same-sex upl spe a state law that forbids discrimatn agast gay people. The liberal jtic viewed as somethg else entirely — a dispute that threatened societal protectns for gay rights and rolled back some recent an impassned dissent, Jtice Sonia Sotomayor warned that the oute signaled a return to a time when people of lor and other mory groups faced open discrimatn.

Kavangh and Amy Coney Barrett, shifted the urt to the urts have generally sid wh gay and lbian upl who were refed service by bakeri, florists and others, lg that potential ctomers are entled to equal treatment, at least parts of the untry wh laws forbiddg discrimatn based on sexual owners of bs challengg those laws have argued that the ernment should not force them to choose between the requirements of their fahs and their livelihoods.

Addnally, several stat terpret existg laws agast sex discrimatn to apply to bias relatg to sexual orientatn and genr inty, even though they do not have laws explicly forbiddg such stat that do not offer protectns to gay and transgenr people on those grounds, municipal laws ver many Human Rights Campaign, an L. McCoy for The New York TimThe urt’s cisn favor of a Colorado web signer, Lorie Smh, had an unual feature: It was based on njecture and Smh, who objects to providg weddg-related servic for same-sex marriag, never turned down a gay uple.

SUPREME URT SIS WH BAKER WHO REFED TO MAKE GAY WEDDG KE

ETFriday’s lg was another reassurg cisn for relig celebratory moment outsi the Supreme Court on Friday, after the urt livered the latt a strg of judgments favor of relig Zuhaib/Associated PrsConservativ who have moral and theologil objectns to gay marriage saw the Supreme Court’s cisn on Friday as reassurance that they would be able to assert their beliefs a public square that they see as creasgly hostile to a 6-to-3 vote, spl along iologil l, the jtic agreed wh a web signer Colorado who said she had a First Amendment right to refe to provi servic for same-sex marriag, spe a state law that forbids discrimatn agast gay people. Several siar s have centered on nservative Christian small bs owners who object to workg on gay weddgs specifilly, cludg a baker Colorado, two vatn signers Arizona and a Kentucky-based a news nference shortly after the lg was issued, Krist Waggoner, general unsel for Alliance Defendg Freedom, which reprented Ms.

” She said her nsiratn acceptg work as a webse signer was the “msage” of the se, not the inty of the Smh’s portfol clus webs for church, real tate pani and polil many nservative Christians hailed the cisn on Friday, drew cricism om some progrsive Christians and terfah groups, cludg those that serve gay people of fah. ETHere’s how urt battl over servg same-sex upl have played out the Cote for The New York TimIn the latt se volvg same-sex marriage rights, relig eedom and discrimatn, the Supreme Court on Friday led favor of a web signer Colorado who said she had a First Amendment right not to provi servic for same-sex marriag spe a state law that bans discrimatn agast gay ’s a brief look at some of the most proment s before Friday’s:A Colorado baker ws urtIn June 2018, the Supreme Court led favor of a Colorado baker who refed to bake a weddg ke for a gay uple.

Kennedy wrote that the missn’s members had acted wh “clear and impermissible hostily” to people wh scerely held relig Bra, a kemaker prevailsBra’s Supreme Court led favor of a bakery October 2018 that had refed to make a ke bearg the slogan “Support Gay Marriage, ” sayg the refal was not discrimatory. The urt’s cisn mak easier for bs Bra to cle ctomer requts that are at odds wh their dispute began 2014, when Gareth Lee, a gay rights activist Northern Ireland, sought to buy a ke for a party om Ashers Bakg Company Belfast that showed two “Same Street” characters, Bert and Ernie; a logo for his group, QueerSpace; and the slogan supportg gay marriage. A florist Washgton State says her rights were vlatedIn 2013, Barronelle Stutzman, the owner of a flower shop the small cy of Richland, southeastern Washgton, refed to create floral arrangements for a gay uple’s two grooms, Robert Ingersoll and Curt Freed, had prevly bought flowers at her store, Arlene’s Flowers.

THE SUPREME COURT L FOR A SIGNER WHO DON’T WANT TO MAKE WEDDG WEBS FOR GAY UPL

”Invatn signers sue the cy of PhoenixThe Arizona Supreme Court agreed to hear arguments January after two Christian vatn signers said they would refe to create weddg vatns for same-sex upl if Da and Breanna Koski, evangelil Christians and the owners of Bsh & Nib Stud, sued the cy of Phoenix 2016, sayg they feared legal retributn if they did not fulfill requts om gay or lbian upl. Colorado Civil Rights Cote for The New York TimThe Supreme Court’s cisn on Friday favor of a Colorado web signer has echo of a 2018 se about a baker who had turned away a gay uple seekg a weddg that cisn, Masterpiece Cakhop v. Kennedy, who wrote the majory opn the 7-to-2 cisn 2018, seemed unable to choose between two of his re mments: He was the thor of every major Supreme Court cisn protectg gay rights unr the Constutn and also the urt’s most arnt fenr of ee speech.

“The oute of s like this other circumstanc mt awa further elaboratn the urts, ” he wrote, “all the ntext of regnizg that the disput mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market.

After the 2020 electn, Colorado bee a center of electn nspiraci, a e embraced by some of s state is “a nice enpsulatn on what lims have been placed on the Christian right and what power and fluence they n still yield, ” William Schultz, a historian at the Universy of Chigo Divy School who is workg on a book about Christian culture Colorado Sprgs, said last 1992, voters the state passed what was nsired at the time to be an unual ballot iative prohibg Colorado om regnizg gay, lbian and bisexual people as a protected class. Another poll by Pew found that almost half of whe evangelils born after 1964 favored same-sex marriage 2017, pared to about a quarter of olr whe fah groups that have tradnally opposed gay rights now support some acmodatns for same-sex marriage.

GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE

PetersCoverg the media's tersectn wh polics, culture and lawThree years ago, Jtice Neil Gorsuch, who wrote today's opn favor of the webse signer who oppos same-sex marriage, was the thor of a very different opn om the urt, lg that a landmark civil rights law protects gay and transgenr employe om workplace discrimatn. The New Republic published an article reportg that the Colorado webse signer who oppos same-sex marriage, and whose challenge to Colorado’s antidiscrimatn law took this se to the Supreme Court, may not have received an actual requt om a gay uple to create a weddg 30, 2023, 10:17 a.

ETHere’s what to know about the ee speech a 6-to-3 vote, spl along iologil l, the Supreme Court sid on Friday wh a web signer Colorado who said she had a First Amendment right to refe to provi servic for same-sex marriag spe a state law that forbids discrimatn agast gay people.

GAY MARRIAGE: SIDG WH RELIG BAKER IS PROBLEMATIC

”The se, though amed as a clash between ee speech and gay rights, was the latt a seri of cisns favor of relig people and groups, notably nservative Christians, who celebrated the lg on Friday as a victory for relig dissent, Jtice Sonia Sotomayor lled the lg “profoundly wrong, ” argug that the Colorado anti-discrimatn law “targets nduct, not speech, for regulatn, and the act of discrimatn has never nstuted protected exprsn unr the First Amendment. At the same time, the lg limed the abily of the ernments to enforce anti-discrimatn urts have generally sid wh gay and lbian upl who were refed service by bakeri, florists and others, lg that potential ctomers are entled to equal treatment, at least parts of the untry wh laws forbiddg discrimatn based on sexual orientatn.

It took a se om Colorado, one of the stat wh broad civil rights laws, which a baker ced his relig beliefs refg to produce a weddg ke for a gay urt has a long history of protectg relig exprsn, but lg favor of the baker uld be eply a baker n refe service to a same-sex uple, someone else would surely e forward to claim a relig right to ny service the se of terracial or terfah marriag.

GAY MARRIAGE AND BAKER V. NELSON

While the First Circu had said was followg Circu precent on the standard of review that se, Judge Whe the California se had nclud that he was not bound by Nth Circu precent that also had tablished “ratnal basis” as the proper standard gay rights s.

A Belfast bakery n by evangelil Christians was not obliged to make a ke emblazoned wh the msage “support gay marriage”, the supreme urt has led, overturng a £500 damag award imposed on unanimo cisn by the UK’s hight urt was greeted as a victory for ee speech but nmned by gay rights groups and the Equaly Commissn of Northern Ireland as a backward step batg had refed to produce the ke, featurg the Same Street puppets Bert and Ernie, 2014 for Gareth Lee, who supports the mpaign to legalise same-sex marriage Northern Ireland. He wanted to take to a private functn markg Internatnal Day Agast judgment, livered after the supreme urt’s first hearg Northern Ireland May, revers earlier cisns Belfast unty urt and a urt of appeal lg that the pany discrimated agast Lee, who is gay, on the grounds of sexual five jtic on the supreme urt – Lady Hale, Lord Mance, Lord Kerr, Lord Hodge and Lady Black – found the bakery did not refe to fulfil Lee’s orr bee of his sexual orientatn and therefore there was no discrimatn on those grounds.

“The ntral and rpectful nsiratn to which Phillips was entled was promised here, ” Kennedy wrote, addg that the missn’s cisn that the baker vlated the state’s anti-discrimatn law mt be set Kennedy acknowledged that the cisn was more of a start than a ncln to the urt’s nsiratn of the rights of those wh relig objectns to same-sex marriage and the rights of gay people, who “nnot be treated as social outsts or as ferr digny and worth. (Vio: Rters)Future s that raise those issu “mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market, ” he a se uld e quickly: The urt is set to nsir this week whether to review a Washgton state Supreme Court cisn that a florist uld not legally cle to provi flowers to a same-sex weddg bakery se was one of two cisns Monday — a lg on an immigrant teenager’s abortn was the other — which the urt opted for promise rather than divisn.

UK SUPREME URT BACKS BAKERY THAT REFED TO MAKE GAY MARRIAGE KE

”But Jam Esseks of the Amerin Civil Liberti Unn, which reprented the uple at the center of the fight, Charlie Craig and David Mulls, poted to Kennedy’s protective language about gay cizens and the “general le” that relig and other objectns “do not allow bs owners and other actors the enomy and society to ny... On the other, he has wrten all of the urt’s groundbreakg opns on gay rights, cludg that there is a nstutnal right for same-sex upl to had signaled oral arguments that ments om members of the missn displayg “relig hostily” might be the narrow way out. The bsman and his wife, Melissa, first plaed to the Front Porch proprietors about pre-dawn vendor liveri 2019, not long after the nservative Christian uple moved their fancial firm right next door to the rtrant, which fli a gay Pri flag.

(Front Porch Market and Grill)What’s more, the Washers say, the ad rat was jt one more sult that the uple, who once planted an “all liv matter” sign their ont yard, have endured sce movg next door to a rtrant owned by a gay uple.

SUPREME COURT L FAVOR OF BAKER WHO WOULD NOT MAKE WEDDG KE FOR GAY UPLE

“I have que a few gay iends, clients and a fay member, and I have patronized a gay-owned rtrant for years, ” he whether the Washers are tryg to remake The Plas to their image of Ameri — Whe, nservative, Christian — Melissa said, “I n see where you’re g om.

A GAY UPLE RAN A RAL RTRANT PEACE. THEN NEW NEIGHBORS ARRIVED.