First Impressions: Supreme Court Seen as Dismissive, Skeptical of LGBT Civil Rights in Anti-Gay Cake Baker Case
‘Kennedy Appears to View Masterpiece Cakeshop as a Case About Animus Against People of Faith’
Reporters covering the pivotal case argued Tuesday morning before the Supreme Court are out with their initial impressions, and it seems that overall, the high court was less than supportive of arguments made on behalf of the same-sex couple to whom an anti-gay Christian Colorado baker refused to sell a wedding cake.
#Masterpiece isn’t about cake. It’s about civil rights. #OpenToAll pic.twitter.com/jNlpW7NIXC
— The Leadership Conference (@civilrightsorg) December 5, 2017
No final judgment should be made as to how the justices will rule, but here’s what some who were at the Supreme Court today are saying:
New York Times’Â Supreme Court reporter:
Justice Kennedy, who holds the key vote in Masterpiece Bakeshop, sent sharply contradictory messages at Tuesday’s argument. He called discrimination against gays an affront. And he said the case had been tainted by hostility to religion.
— Adam Liptak (@adamliptak) December 5, 2017
Washington Blade’s Chief Political & White House reporter:
Ok folks, just out of Masterpiece Cakeshop arguments. No clear indications for how court will rule, but Kennedy skeptical of defense of Colorado law.
— Chris Johnson (@chrisjohnson82) December 5, 2017
Kennedy also said “tolerance is essential†and Colo. commission wasn’t tolerant toward baker, noting a line in ruling calling him “despicable.â€
— Chris Johnson (@chrisjohnson82) December 5, 2017
ThinkProgress Justice Editor:
Kennedy appears to view Masterpiece Cakeshop as a case about animus against people of faith.
There is a possibility of a narrow loss for Team Equally, but little chance of a victory.
— Ian Millhiser (@imillhiser) December 5, 2017
Slate Writer:
Kennedy doesn’t seem to agree that refusing to serve a same-sex wedding is inherently anti-gay discrimination. And he said Colorado has been “neither tolerant nor respectful†to the baker’s “religious beliefs.â€
— Mark Joseph Stern (@mjs_DC) December 5, 2017
Roberts, Alito, and Gorsuch all obviously supported the anti-gay baker. Kagan, Sotomayor, Ginsburg, and Breyer were extremely skeptical of his position.
— Mark Joseph Stern (@mjs_DC) December 5, 2017
I only see one way progressives win: Kennedy says compelled cake-baking isn’t speech, but religious discrimination may have infected this case. Then remand for further findings on free exercise.
— Mark Joseph Stern (@mjs_DC) December 5, 2017
Stay tuned.
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Image via The Leadership Conference/Twitter
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