ONE of the most contentious cases the Supreme Court will hear in its term beginning October 2nd is the enticingly named Masterpiece Cakeshop v Colorado Civil Rights Division, Charlie Craig, and David Mullins. It’s not every day that the justices hear a conflict between a sweets purveyor and both a gay couple and a government agency charged with policing discrimination. But the clash was inevitable. Two years ago, in Obergefell v Hodges, Justice Anthony Kennedy inserted a caveat into his otherwise sweeping majority opinion opening marriage laws nationwide to gays and lesbians. “[T]hose who adhere to religious doctrines”, he wrote, “may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned” and they are protected in this mission by the First Amendment. The court will now clarify how far this umbrella extends.
The tiff in Masterpiece Cakeshop began in 2012 when Charlie Craig and David Mullins, sweethearts living in Massachusetts,...Continue reading
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