Author Topic: Big 1st amendment win - Court rules for baker in gay wedding case.  (Read 4313 times)

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Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #30 on: June 11, 2018, 10:01:45 AM »

Offline mqtcelticsfan

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ThinkProgress took a stab at it, by the way.

https://thinkprogress.org/masterpiece-cakeshop-cakes-art-scotus-66f8d6bde9da/

They're right that "7-2" in an illusion.  Kagan and Breyer make it pretty clear that if Colorado hadn't viewed the baker's beliefs in an openly hostile way, they probably would have decided this case another way.

That said, I'm not sure which way the tea leaves point for the next similar case.  I think the majority leans toward religious freedom, but Kennedy is always torn, and Roberts may side with Kennedy to prevent yet another 5-4 decision on a major case.  Of course, if Kennedy retires, it makes future cases even more volatile.  Much like with the Obamacare situation, Roberts may temper any future decisions to preserve the perceived moderateness of the court.

I disagree with your analysis here, and not just due to wishful thinking. I really do believe that based on both his comments on the case and his recent history that Kennedy is fairly unlikely to align himself with Thomas, Alito and Gorsuch on this subject unless itís a situation like this one. Iíll concede that there is always the possibility that future cases have the same problems this one presented, but I would not consider this a good omen for anybody on the side of the baker.

As to your second point, I agree that Kennedyís speculated retirement presents a definite challenge moving forward for people on my side of the aisle.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #31 on: June 20, 2018, 10:14:57 PM »

Offline eja117

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It just occurred to me completely randomly that RBG's dissent was almost literally "Let them eat cake." Honestly one of her more eloquent arguments.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #32 on: June 23, 2018, 08:11:32 PM »

Offline nickagneta

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https://www.theguardian.com/us-news/2018/jun/23/trump-press-secretary-sarah-sanders-ejected-virginia-restaurant-red-hen-lexington

So Sarah Huckabee was asked to leave a restaurant because the owner is a very large Trump hater. Thought this might fit in here.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #33 on: June 23, 2018, 08:23:38 PM »

Offline Roy H.

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https://www.theguardian.com/us-news/2018/jun/23/trump-press-secretary-sarah-sanders-ejected-virginia-restaurant-red-hen-lexington

So Sarah Huckabee was asked to leave a restaurant because the owner is a very large Trump hater. Thought this might fit in here.

Itís sad that thatís the world we live in, but the owner can do as she chooses, and the market will react as it will.


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Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #34 on: June 23, 2018, 08:29:34 PM »

Offline nickagneta

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https://www.theguardian.com/us-news/2018/jun/23/trump-press-secretary-sarah-sanders-ejected-virginia-restaurant-red-hen-lexington

So Sarah Huckabee was asked to leave a restaurant because the owner is a very large Trump hater. Thought this might fit in here.

Itís sad that thatís the world we live in, but the owner can do as she chooses, and the market will react as it will.
I know I don't like it when people are turned away from businesses because of race, skin color and sexual preference. Not sure I like a business turning away people because of their political views.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #35 on: June 23, 2018, 08:33:00 PM »

Offline Ogaju

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Owner cannot do that in California look up the Unruh Act.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #36 on: June 23, 2018, 08:36:09 PM »

Offline Roy H.

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https://www.theguardian.com/us-news/2018/jun/23/trump-press-secretary-sarah-sanders-ejected-virginia-restaurant-red-hen-lexington

So Sarah Huckabee was asked to leave a restaurant because the owner is a very large Trump hater. Thought this might fit in here.

Itís sad that thatís the world we live in, but the owner can do as she chooses, and the market will react as it will.
I know I don't like it when people are turned away from businesses because of race, skin color and sexual preference. Not sure I like a business turning away people because of their political views.

I donít like it either.  It all drives us further apart.


Once a CrotoNat, always a CrotoNat.  CelticsBlog Draft Champions, 2009 & 2012;
DKC Draft 2015 Champions and beyond...

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #37 on: June 23, 2018, 08:58:30 PM »

Offline Moranis

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Owner cannot do that in California look up the Unruh Act.
that act does not bar this conduct

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #38 on: June 23, 2018, 09:13:24 PM »

Offline Cman

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https://www.theguardian.com/us-news/2018/jun/23/trump-press-secretary-sarah-sanders-ejected-virginia-restaurant-red-hen-lexington

So Sarah Huckabee was asked to leave a restaurant because the owner is a very large Trump hater. Thought this might fit in here.

The owner has the right to do this, but I dislike it. I don't like how polarized we've become as a nation.
Celtics fan for life.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #39 on: June 23, 2018, 10:04:21 PM »

Offline Celtics4ever

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Quote
Owner cannot do that in California look up the Unruh Act.

Doesn't the Supreme Court trump CA law?

Any normal person would just have went to another baker.   

I support their right to refuse, I would not do if I was a business owner and I support Gay Marriage but unlike many here I don't believe in forcing my views on others via the court system.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #40 on: June 23, 2018, 11:25:22 PM »

Offline Ogaju

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Owner cannot do that in California look up the Unruh Act.
that act does not bar this conduct

It actually did up until the 'Baker' case just decided by the Supreme Court. I remember learning that all those signs at business establishments that said 'we reserve the right to refuse service to anyone' were illegal under Unruh. This new Supreme Court ruling I admit may render unconstitutional that aspect of Unruh Act.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #41 on: June 24, 2018, 12:13:12 AM »

Offline eja117

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The Constitution says nothing about liking things.  I'd be tickled pink if just once a restaurant told the Obamas "You voted against the Born Alive Act 4 times.  Get out of my restaurant." 


Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #42 on: June 24, 2018, 12:28:20 AM »

Offline Ogaju

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The Constitution says nothing about liking things.  I'd be tickled pink if just once a restaurant told the Obamas "You voted against the Born Alive Act 4 times.  Get out of my restaurant."

The Obamas?

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #43 on: June 24, 2018, 12:46:30 AM »

Offline eja117

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The Constitution says nothing about liking things.  I'd be tickled pink if just once a restaurant told the Obamas "You voted against the Born Alive Act 4 times.  Get out of my restaurant."

The Obamas?
I assume they'd be at the restaurant together, but maybe not. Just like I assume the Bushes would be out together too. Just like Sarah Huckabee was out with her family, despite the part she doesn't vote on anything, but is only a spokesperson. She was denied simply because of who she works for

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #44 on: June 24, 2018, 01:32:27 AM »

Offline Ogaju

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The Constitution says nothing about liking things.  I'd be tickled pink if just once a restaurant told the Obamas "You voted against the Born Alive Act 4 times.  Get out of my restaurant."

The Obamas?
I assume they'd be at the restaurant together, but maybe not. Just like I assume the Bushes would be out together too. Just like Sarah Huckabee was out with her family, despite the part she doesn't vote on anything, but is only a spokesperson. She was denied simply because of who she works for

I see I got confused at Obamas and vote...carry on.