Masterpiece Cakeshop: The Decision [SCOTUSbrief]

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The Federalist Society

The Federalist Society

6 жыл бұрын

Masterpiece Cakeshop was one of the most highly anticipated Supreme Court cases of 2018. What happened after oral argument? Ilya Shapiro of the Cato Institute offers his analysis of the decision.
JUDGMENT: June 4, 2018. Reversed, 7-2, in an opinion by Justice Kennedy. Justice Kagan filed a concurring opinion, in which Justice Breyer joined. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.
HOLDING: The Commission's actions in this case violated the free exercise clause.
www.supremecourt.gov/opinions...
**********
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about Ilya Shapiro: www.cato.org/people/ilya-shapiro
Differing Views:
Masterpiece Cakeshop Ruling Tastes Good, But Is Empty Calories
www.cato.org/blog/masterpiece...
In Masterpiece, the Bakery Wins the Battle but Loses the War
www.aclu.org/blog/lgbt-rights...
Symposium: The worst form of judicial minimalism - Masterpiece Cakeshop deserved a full vindication for its claims of religious liberty and free speech
www.scotusblog.com/2018/06/sym...
The 'Masterpiece Cakeshop' Ruling's Guidance to Employers
www.law.com/therecorder/2018/...
Justices Confound Expectation in Colorado Wedding Cake Case
law.stanford.edu/2018/06/04/j...

Пікірлер: 29
@wildbillslunksauce7621
@wildbillslunksauce7621 3 жыл бұрын
The couple was just trying to start trouble. They singled this guy out to create a controversy with the express intent to take it into the legal system.
@robertortiz-wilson1588
@robertortiz-wilson1588 Жыл бұрын
Yep, true.
@bakerfresh
@bakerfresh 6 жыл бұрын
The couple did not approach the bakery because they were in love and wanted the perfect cake. If they were trying to get a custom suit and the company was too busy to meet their deadline or too expensive they probably wouldn't wait or save up. They would take their business somewhere else. There's a lot of calling around and plans that can't always be made. That is normal and understandable. The "couple" ...and I put it in quotes because I'm wary on their motives...they sought this guy out on purpose for his religious beliefs and asked for a custom guy wedding cake. He said he couldn't but offered anything else in his store. It's not that he wouldn't sell them food because they were gay, he didn't want to do a custom cake for them. And turned down the money. He also doesn't do erotic cakes, or like Halloween. ..things he doesn't feel comfortable with that affect his beliefs. He has that right. You can't force a gay Baker to make a cake of a Muslim extremist throwing a gay off the wedding cake and have strawberry drizzle all over the bottom...to that person and probably anyone, that'd be F'd up. You shouldn't be able to force someone to do your will under the guise of a hate crime. I think the couple are despicable and kind of ruin what marriage is. This had nothing to do with two people in love and everything to do with ruining someone's life and forcing your lifestyle on others. And there are many gays upset with this kind of behavior because of the negative light it shines on them. But not the one's still trapped in the group mentality that act only as they're told.
@vice2versa
@vice2versa 6 жыл бұрын
bakerfresh I'm a Christian but I hope someone burns that bakers store down.
@bakerfresh
@bakerfresh 6 жыл бұрын
vice2vursa ...why?
@vice2versa
@vice2versa 6 жыл бұрын
bakerfresh Because I think that bakers a dick.
@bakerfresh
@bakerfresh 6 жыл бұрын
Oceania Times evidence is out their for the baker, in which he stated that he would sell them anything in his store but did not feel comfortable making the custom cake. The same interview he talks of the other types of cakes he's refused due to his beliefs, such as dirty sex cakes. Then there are close bakeries nearby from what I've heard that would custom order a cake. Which would then lead you to believe when all said and done, why solely go after this man? So for their own moral purpose only they can say, but to me the evidence seems clear. Now his claims could be untrue or theirs. If he did in fact say he couldn't make anything or no items they aren't welcome than that is totally wrong. But he is a custom designer for the cakes and if something makes him uncomfortable he should not be forced to do it even though a prospective client may desire it. But their seem to be many narratives so it's hard to truly find the truth. Maybe they didn't seek out the baker?!? But I feel that this shock and horror narrative was a little much.
@bakerfresh
@bakerfresh 6 жыл бұрын
I'm not sure if the interview was Fox or some other outlet, but I'm sure that's easy to look up...I can link that if you really want it.
@zuubbiii
@zuubbiii Жыл бұрын
This video reeks of bias.
@arthurdonehower6115
@arthurdonehower6115 4 жыл бұрын
i would never bake that cake i guess that,s why PHAROAH cut off the head of his baker
@ericsonofjohn9384
@ericsonofjohn9384 2 жыл бұрын
It should have been unlawful, unless you're also willing to allow a bakery to refuse a black couple, then you must regard it as unlawful.
@96Jazangel
@96Jazangel 2 жыл бұрын
With all due respect, I don’t think the baker’s intention was to harm this couple. They have every right to feel offended but there was no discriminatory language other than a rejection based on religious beliefs. All he did was decline. It’s his shop, his business, he can declines clients. Can we understand it? No, but honestly the couple could’ve found a better cake shop. And before you come at me, I’m a queer woman. And honestly I think no one got hurt over a cake.
@vidyanandbapat8032
@vidyanandbapat8032 Жыл бұрын
@@96Jazangel Them what about equal protection clause? Dpes it allow discrimination based on sexual orientation or gender identity?
@AboveAllNations
@AboveAllNations 6 жыл бұрын
There are a number of problems with how the Supreme Court handled the Masterpiece case. First, Kennedy's majority opinion irresponsibly characterized the Colorado Human Rights Commission as anti-religious after one commissioner made one statement CORRECTLY pointing out that people - - not all, but some - - have invoked religion to justify odious acts throughout human history, including slavery and the Holocaust. Sorry, that is just a historical fact. It doesn't imply that religious beliefs are exclusively used to justify odious acts (see, e.g., anti-slavery abolitionists, the black civil rights movement, etc.) or that all religious people are hateful; it merely points out that religious beliefs alone aren't enough to exempt a person from laws that govern everybody else. The statement in no way suggests that commissioner who made it had a "bias" against all people with religious beliefs, much less that the entire Commission was biased when it ruled against the baker. This kind of a distorted reading of what the Colorado Human Rights Commission did beggars belief, and, as much as Kennedy (and Roberts, Alito, Kagan and Breyer) obviously wanted to punt on the larger constitutional issues implicated by the case, this kind of an absurd straw-man argument was beneath the dignity of the Court. Having said that, it was pathetic how Justice Kennedy turned around the next week and decided that a barrage of xenophobic retweets and anti-Muslim statements (e.g., "Islam hates us," "[I want a] total and complete shutdown of Muslims entering the United States," etc.) suddenly didn't matter for the purpose of determining the constitutionality of a facially-neutral Executive Order that was nevertheless perfectly consistent with something one would expect from a President unconstitutionally motivated by prejudice against Muslims. The Court's hypocrisy in how it bent over backwards to accommodate one homophobic Christian in the Masterpiece case yet flippantly dismiss the plight of thousands of Muslim immigrants, refugees and relatives in Trump v. Hawaii was stunning and disgraceful.
@arthurdonehower6115
@arthurdonehower6115 4 жыл бұрын
THE court should be defunded
@btd6pro693
@btd6pro693 5 жыл бұрын
I feel so bad for the gay couple make a rainbow cake and send it to their house to show them does they have the I support them and hope that the Civil Right Act include sexual orientation
@vidyanandbapat8032
@vidyanandbapat8032 Жыл бұрын
Yes it should over the passage of time. But that's not the real solution.
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