Will Supreme Court Let Us Have Our Cake?

Who Is Jack Phillips? Meet the Christian Baker in the Masterpiece Cakeshop Supreme Court Case

"With all eyes on tomorrow's oral arguments in the Masterpiece Cakeshop religious exemptions case, the Supreme Court has just let an alarming ruling by the Texas Supreme Court stand which plainly undercuts the rights of married same-sex couples", Ellis said. Craig, 37, and Mullins, 33, are fighting for the rights of LGBT customers to choose what they will buy.

Justice Samuel Alito questioned how Phillips could be accused of discrimination when gay marriage wasn't yet legal in Colorado. Because non-discrimination laws, such as the Colorado law at issue in this case, often play an indispensable role in protecting the rights of religious communities.

One other possible result that emerged from the argument is that the justices could return the case to the Colorado commission for reconsideration if the court finds its first decision was tainted by the religious bias of a commissioner.

It was June of this year when the U.S. Supreme Court ruled 6-3 against an Arkansas law forbidding same-sex couples from being listed on a child's birth certificate.

The court held that the state hostile to segregation law was unbiased and for the most part appropriate and did not constrain Masterpiece to "bolster or support a specific religious view".

Flash forward to 2012, when same sex marriage was not yet legal in Colorado, but two men walked into the bakery.

The justices left intact a June ruling by the Republican-dominated Texas Supreme Court that revived a lawsuit backed by a conservative group aimed at blocking Houston from offering such benefits.

They fear that if the Supreme Court ultimately sides with Phillips, it will diminish its landmark ruling in Obergefell v. Hodges. Liberty and equality are mutually reinforcing values, and both are weakened when they are placed at odds.

The Kentucky court recently struck an interesting balance between the free speech and religious freedom rights of businesses which oppose messages based upon their content, and gay people who insist upon being served by a business regardless of their sexual orientation.

"A loss at the Supreme Court could open the door to many forms of discrimination that have always been outlawed in our society", TIME reported Mullins said. "Today's abnegation by the nation's highest court opens the door for an onslaught of challenges to the rights of LGBTQ people at every step". "I don't feel like we asked for a piece of art, or for him to make a statement, we simply asked him for a cake, and he denied that to us simply because of who we are". As Phillips put it, he declined to bake a wedding cake for a same-sex couple because "using his God-given talents to promote same-sex marriage would go against his religious belief that marriage is between a man and a woman". She said the Supreme Court's constrained discourse regulation "prohibits the commission from requesting that craftsmen outline custom articulation that passes on thoughts they consider shocking".

The couple is being spoken to in court by the American Civil Liberties Union.

The first question taken up by the court was whether a cake can be considered artistic expression.

The Fourteenth Court of Appeals sent the matter back to the lower court for a decision in line with that ruling.

Colorado is among only 21 states with statewide laws barring discrimination against gays in public accommodations. And that was despite a dissent from Trump's most recently appointed Justice Neil Gorsuch. Phillips' lawyer claims that the baker is an artist and should not be forced to express what the government dictates.

Pidgeon and Hicks, also backed by state Republican leaders, argued that the benefits violated the Texas constitution and state and local laws against same-sex marriage.

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