Will Today's SCOTUS Decision Lead to More LGBT Discrimination?
Will Today's SCOTUS Decision Lead to More LGBT Discrimination?
The Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission decision sends a clear message to the queer community.
Just as Pride Month kicks off, the Supreme Court has struck a devestating blow to the LGBTQ community.
In the highly-anticipated Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission case, SCOTUS voted 7-2 in favor of Masterpiece Cakeshop owner Jack Phillips who refused to make a cake for a gay couple for their 2012 wedding celebration in Colorado, citing religious reasons.
The court held that the Colorado Civil Rights Commission showed hostility toward the baker based on his religious beliefs. Justice Ruth Bader Ginsburg and Justice Sonia Sotomayor were the only two SCOTUS jutices to dissent, arguing that "when a couple contacts a bakery for a wedding cake, the product they are seeking is a cake celebrating their wedding—not a cake celebrating heterosexual weddings or same-sex weddings—and that is the service (the couple) were denied."
Alas, the rest of the judges didn’t see it that way.
The ACLU tweeted about the case, providing an appropriate background on the issue and potential ramifications:
\u201cBREAKING: SCOTUS reversed the decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, based on concerns specific to the case.\n\nThe Court did NOT rule that the Constitution gives a right to discriminate.\u201d— ACLU (@ACLU) 1528123755
\u201cSome background on #MasterpieceCakeshop: Dave Mullins and Charlie Craig visited Masterpiece Cakeshop in Colorado in July of 2012. They were planning to order a cake for their upcoming wedding reception, and invited Charlie\u2019s mom along to help them pick it out.\u201d— ACLU (@ACLU) 1528123755
\u201cWhen the shop owner realized the cake was for Dave and Charlie, he refused to sell them a cake because they are LGBT. https://t.co/OJtP1t8bUr\u201d— ACLU (@ACLU) 1528123755
\u201cColorado law prohibits businesses open to the public, like #MasterpieceCakeshop, from denying service to anyone based on who they are, including their religion, race, or sexual orientation or gender identity.\u201d— ACLU (@ACLU) 1528123755
\u201cDave and Charlie filed a complaint. The Colorado Civil Rights Commission determined that Masterpiece Cakeshop illegally discriminated against Dave and Charlie.\n\nThe Colorado Court of Appeals affirmed that decision, unanimously.\u201d— ACLU (@ACLU) 1528123755
\u201cStill, Masterpiece Cakeshop brought this case all the way to the Supreme Court, arguing the shop can refuse to serve a same-sex couple.\n\nThis argument isn't new. And it's lost at the Supreme Court before: https://t.co/O3w4BN6CA3\u201d— ACLU (@ACLU) 1528123755
\u201cAs a nation, we\u2019ve already rejected the idea that businesses open to the public have a license to discriminate against people because of who they are.\u201d— ACLU (@ACLU) 1528123755
The ACLU and other legal experts are claiming that this court case won’t set a precedent for businesses to discriminate against LGBTQ people on the grounds of religious freedom in the future. The ruling was narrow, which does not mean that it was close in votes (as it clearly was not). It means that the ruling was narrow in scope, specific almost exclusively to this case and doesn’t set a broad, nationwide ruling on discrimination policy.
"Today's decision is remarkably narrow, and leaves for another day virtually all of the major constitutional questions that this case presented," said Steve Vladeck, CNN's Supreme Court analyst and professor at the University of Texas School of Law. "It's hard to see the decision setting a precedent."
Nevertheless, the SCOTUS ruling is undoubtedly an upsetting one, and illustrates that the fight for equality and acceptance is far from over.
