No Piece of Cake! The Supreme Court ruled Monday in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple, in one of the most closely watched cases of the term. In a 7-2 decision, the justices set aside a Colorado court ruling against the baker -- while stopping short of deciding the broader issue of whether a business can refuse to serve gay and lesbian people. The opinion was penned by Justice Anthony Kennedy, who is often the swing justice in tight cases. The narrow ruling here focused on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips.
"The Commission's hostility was inconsistent with the First Amendment's guarantee that our laws be applied in a manner that is neutral toward religion,"
Kennedy wrote in his majority opinion.
Fox News Radio's Guy Benson & Marie Harf spoke to National Review writer David French who said this is not just a temporary win, but a broader win! He explains.
About the Case: Before oral argument, I thought it would be a loss. Thinking 5-4 loss on a serious issue. Everyone was under the assumption Kennedy was going to be the swing vote..This isn't just a one-off case. A precedent that has more value than people think. (2:00)
How is this different?: I would say a creative professional should not be required to use their artistic ability to advance any cause that they don't agree with. It doesn't matter if the guy was a stone cold bigot, a creative professional should not be required by the state to use their creative/artistic talents to support a cause they don't like. It's a free speech issue. (4:47)
Pervasiveness of the discrimination: it matters less and less to the creation of new protected classes in these public accommodations statutes.. Evidence or lack of evidence of how widespread discrimination is directly bears on the state interest in overcoming the freedom of association right of a business man. That's where I would depart from folks who say what we need to be doing is using the law to make a moral statement. (7:40)
On Justice Kennedy giving people of faith a lasting gift: What Kennedy did was fascinating...His rebuke was very strong. Something that will endear not just in court cases, but when you are talking or engaged in public debates around the country. People can bring up that Kennedy rebuke and say look what you are doing when you are making that argument is you are disparaging people of faith. You're implying that their expression of their sincerely held views is just a pretext for bigotry. Kennedy was rightly repelled by that notion and I think that is going to be one of the legacies of this case that will actually be positive in our body politic. (9:30)