townhall
Posted: Jun 04, 2018 10:22 AM
The Supreme Court has ruled 7-2 in favor of Colorado baker and devout
Christian Jack Phillips, who declined to bake a wedding cake for a
same-sex couple five years ago due to deeply held religious objections.
Justices Kennedy, Roberts, Alito, Breyer, Kagan, Gorsuch and Thomas
ruled in favor of Phillips, with Ginsburg and Sotomayor dissenting.
Justice Kennedy wrote the opinion.
"The Commission’s treatment of
Phillips’ case violated the State’s duty under the First Amendment not
to base laws or regulations on hostility to a religion or religious
viewpoint," the ruling states. "The government, consistent with the
Constitution’s guarantee of free exercise, cannot impose regulations
that are hostile to the religious beliefs of affected citizens and
cannot act in a manner that passes judgment upon or presupposes the
illegitimacy of religious beliefs and practices."
"The laws and
the Constitution can, and in some instances must, protect gay persons
and gay couples in the exercise of their civil rights, but religious and
philosophical objections to gay marriage are protected views and in
some instances protected forms of expression," the ruling continues. "To
Phillips, his claim that using his artistic skills to make an
expressive statement, a wedding endorsement in his own voice and of his
own creation, has a significant First Amendment speech component and
implicates his deep and sincere religious beliefs."
Oral arguments in the case were made in December and Phillips was backed by the Department of Justice.
The
Department of Justice on Thursday filed a brief on behalf of baker Jack
Phillips, who was found to have violated the Colorado
Anti-Discrimination Act by refusing to created a cake to celebrate the
marriage of Charlie Craig and David Mullins in 2012. Phillips said he
doesn't create wedding cakes for same-sex couples because it would
violate his religious beliefs.
The government agreed with
Phillips that his cakes are a form of expression, and he cannot be
compelled to use his talents for something in which he does not believe.
"Forcing
Phillips to create expression for and participate in a ceremony that
violates his sincerely held religious beliefs invades his First
Amendment rights," Acting Solicitor General Jeffrey B. Wall wrote in the
brief.
Many legal scholars are saying the ruling
doesn't necessarily protect individuals on religious grounds from being
forced to participate in same-sex marriages overall. They argue the
Justices focused on the Commission's particular bias toward Phillips and
the unequal application of Colorado anti-discrimmination laws against
him, not strictly the issue of religious expression. Parts of Justice
Kennedy's opinion backs up this analysis.
"The commissioner even
went so far as to compare Phillips’ invocation of his sincerely
held religious beliefs to defenses of slavery and the Holocaust.
This sentiment is inappropriate for a Commission charged with
the solemn responsibility of fair and neutral enforcement of
Colorado’s anti-discrimination law—a law that protects discrimination on
the basis of religion as well as sexual orientation," Kennedy wrote.
"The Court cannot avoid the conclusion that these statements
cast doubt on the fairness and impartiality of the Commission’s
adjudication of Phillips’ case."
"Colorado can treat a baker who
discriminates based on sexual orientation differently from a baker who
does not discriminate on that or any other prohibited ground. But only,
as the Court rightly says, if the State’s decisions are not infected by
religious hostility or bias," Kennedy continued.
This story has been updated with additional information.
Thank You Ms Pavlich and Townhall.