7-2 Ruling it does not look good for those wanting custom cakes.

Fogdog

Well-Known Member
Elections matter and Right wingers have stacked the court with bible thumpers. Of course, Trumpers get upset when their sensibilities are disturbed by art or even a pointed bumper sticker. But that's completely reasonable to them.

 

Terps

Well-Known Member
What are you gonna do when Kennedy retires or Ginsberg dies both will most likely happen during trumps time and they put in a couple of hard core conservatives to replace them?
 

Observe & Report

Well-Known Member
Good to see the SCOTUS has not gone bat shit crazy like the 9th circuit. A win for the 1st amendment!!!

7-2 even the left agrees you can not dictate to an artist what they have to make.
You didn't read it, even the syllabus. They didn't get to whether baking a cake is expression protected by the first amendment and whether the public accommodation law infringes on it. All they said was the commission/ALJ infringed Masterpiece's rights by being dismissive of their religious views when they ruled against them.

Held: The Commission’s actions in this case violated the Free Exercise Clause. Pp. 9–18.
 

Observe & Report

Well-Known Member
In view of these factors, the record here demonstrates that the Commission’s consideration of Phillips’ case was neither tolerant nor respectful of his religious beliefs. The Commission gave “every appearance,” id., at 545, of adjudicating his religious objection based on a negative normative “evaluation of the particular justification” for his objection and the religious grounds for it, id., at 537, but government has no role in expressing or even sug- gesting whether the religious ground for Phillips’ conscience-based objection is legitimate or illegitimate. The inference here is thus that Phillips’ religious objection was not considered with the neutrality required by the Free Exercise Clause. The State’s interest could have been weighed against Phillips’ sincere religious objections in a way consistent with the requisite religious neutrality that must be strictly observed. But the official expressions of hostility to religion in some of the commissioners’ comments were inconsistent with that re- quirement, and the Commission’s disparate consideration of Phillips’ case compared to the cases of the other bakers suggests the same.
 

travisw

Well-Known Member
What are you gonna do when Kennedy retires or Ginsberg dies both will most likely happen during trumps time and they put in a couple of hard core conservatives to replace them?
@Terps Kennedy sided with your baker. He's on your side. You get that right?

He has reliably issued conservative rulings during most of his tenure, having voted with William Rehnquist as often as any other justice from 1992 to the end of the Rehnquist Court in 2005. In his first term on the court, Kennedy voted with Rehnquist 92 percent of the time—more than any other justice.

As to hoping Ginsburg dies soon, I've seen pictures of you, you big fat bastard, she might out live you.

 

Terps

Well-Known Member
You didn't read it, even the syllabus. They didn't get to whether baking a cake is expression protected by the first amendment and whether the public accommodation law infringes on it. All they said was the commission/ALJ infringed Masterpiece's rights by being dismissive of their religious views when they ruled against them.
You can try and sugar coat it a all you want but the fact of the matter is they set precedent and that's all that matters in eyes of the law
 

Observe & Report

Well-Known Member
You can try and sugar coat it a all you want but the fact of the matter is they set precedent and that's all that matters in eyes of the law
You are wrong. The Court absolutely did not set a precedent that, as you said, "you can not dictate to an artist what they have to make." All the Court said was Masterpiece didn't get a fair hearing because the State violated it's "duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint. [...] The State’s interest could have been weighed against Phillips’ sincere religious objections in a way consistent with the requisite religious neutrality that must be strictly observed. But the official expressions of hostility to religion in some of the commissioners’ comments were inconsistent with that re- quirement, and the Commission’s disparate consideration of Phillips’ case compared to the cases of the other bakers suggests the same."

There was no opinion about whether or not the government can force someone to choose to be either a commercial baker or someone who can refuse to bake a wedding cake for a same sex couple. Maybe it can but we will all have to wait for another case to find out. The Justices used their SCOTUS Aikido to resolve the case without making the landmark decision everyone wanted. That's what they usually do, resolve the case in the narrowest way possible.

Try reading the opinion, it's written in English. You might also want to look up "strict scrutiny."
 

UncleBuck

Well-Known Member
What are you gonna do when Kennedy retires or Ginsberg dies both will most likely happen during trumps time and they put in a couple of hard core conservatives to replace them?
"our bigoted vision is so unpopular that we will stack the courts instead of passing our bigotry into law through normal processes!!!!"
 

Observe & Report

Well-Known Member
page 9

As this Court observed in Obergefell v. Hodges, 576 U. S. ___ (2015), “[t]he First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.” Id., at ___ (slip op., at 27). Nevertheless, while those religious and philosophical objections are protected, it is a general rule that such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applica- ble public accommodations law. See Newman v. Piggy Park Enterprises, Inc., 390 U. S. 400, 402, n. 5 (1968) (per curiam); see also Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557, 572 (1995) (“Provisions like these are well within the State’s usual power to enact when a legislature has reason to believe that a given group is the target of discrimination, and they do not, as a general matter, violate the First or Fourteenth Amendments”).
 
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ttystikk

Well-Known Member
You can try and sugar coat it a all you want but the fact of the matter is they set precedent and that's all that matters in eyes of the law
No they didn't. They even explicitly said so.

You know that bakery has long since gone out of business, right? Turns out years of bad publicity for the bigot running the place had consequences.
 

ttystikk

Well-Known Member
You are wrong. The Court absolutely did not set a precedent that, as you said, "you can not dictate to an artist what they have to make." All the Court said was Masterpiece didn't get a fair hearing because the State violated it's "duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint. [...] The State’s interest could have been weighed against Phillips’ sincere religious objections in a way consistent with the requisite religious neutrality that must be strictly observed. But the official expressions of hostility to religion in some of the commissioners’ comments were inconsistent with that re- quirement, and the Commission’s disparate consideration of Phillips’ case compared to the cases of the other bakers suggests the same."

There was no opinion about whether or not the government can force someone to choose to be either a commercial baker or someone who can refuse to bake a wedding cake for a same sex couple. Maybe it can but we will all have to wait for another case to find out. The Justices used their SCOTUS Aikido to resolve the case without making the landmark decision everyone wanted. That's what they usually do, resolve the case in the narrowest way possible.

Try reading the opinion, it's written in English. You might also want to look up "strict scrutiny."
You assume he can read, against all evidence to the contrary.
 

Ripped Farmer

Well-Known Member
Elections matter and Right wingers have stacked the court with bible thumpers. Of course, Trumpers get upset when their sensibilities are disturbed by art or even a pointed bumper sticker. But that's completely reasonable to them.


I love when people are so angry they put their feels on their vehicle. No one cares and they will vote trump again even if only to spite the haters.

Not letting that guy merge. Damn they lost again.
 

londonfog

Well-Known Member
I love when people are so angry they put their feels on their vehicle. No one cares and they will vote trump again even if only to spite the haters.

Not letting that guy merge. Damn they lost again.
voting for Trump in most average peoples case is voting against yourself.
If you do not pull 6 figures a year it is down right ignorant. You might spite the haters, but in turn you are fucking your self
 

Fogdog

Well-Known Member
I love when people are so angry they put their feels on their vehicle. No one cares and they will vote trump again even if only to spite the haters.

Not letting that guy merge. Damn they lost again.
"Love" to a right winger is "when people are so angry"

Thought so.
 
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