The 2018 Supreme Court in Review (Part 2) | The Odyssey Online
Start writing a post
Politics

The 2018 Supreme Court in Review (Part 2)

So what have the justices said, really?

79
The 2018 Supreme Court in Review (Part 2)
https://commons.wikimedia.org/wiki/File:Leaving_Seattle_City_Hall_on_first_day_of_gay_marriage_in_Washington_2.jpg

It's the end of June, and you know what that means: Supreme Court decision season! This year, the Court has ruled on cases relating to such hot-button issues as Trump's immigration restrictions and public accommodations laws as well as lesser-known constitutional questions raised by modern society, like the legality of law enforcement searches of electronic data. Unfortunately, modern media outlets also all too often prioritize breadth over depth, describing the Court as "taking this stance" on a political issue rather than describing the specific legal question and the reasoning that went into their ruling. To some extent that's understandable, since Supreme Court decisions are written in legalese. But have no fear! I've done some digging, and here's a snapshot of how the Court has ruled this year...

2. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

The Question: Ah, yes, the "gay wedding cake case." It all started back in 2012 when Charlie Craig and David Mullins, a same-sex couple, went to Masterpiece Cakeshop to get a cake for their wedding. Its owner, Jack Phillips, was a devout Christian who, while he would sell anything "off the shelf" to anyone, declined to make custom cakes for occasions that offended his religious beliefs--including same-sex marriages. The Colorado Civil Rights Commission found that this denial of service violated a state law barring discrimination in business against (among other groups) gays and lesbians. When a state court affirmed the Commission's ruling, Jack Phillips appealed to the U.S. Supreme Court, which ruled that...

The Ruling: By a 7-to-2 majority, the Court reversed the decision of the Colorado authorities on the grounds of Phillips' religious freedom. Justice Anthony Kennedy--who wrote the majority opinion in Obergefell v. Hodges (the decision that legalized same-sex marriage nationwide) as well as this case--was quick to point out that "the laws and the Constitution can, and in some instances must, protect gay persons and gay couples in the exercise of their civil rights." On the other hand, "religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression." So, while "Colorado law can protect gay persons in acquiring products and services on the same terms and conditions as are offered to other members of the public," that law "must be applied in a manner that is neutral toward religion" in accordance with court precedent.

Accordingly, Jack Phillips should have been entitled to fair consideration of his religious beliefs from the CCRC. While his case was being heard, "the State Civil Rights Division concluded in at least three cases that a baker acted lawfully in declining to create cakes with decorations that demeaned gay persons or gay marriages" because "state law at the time...afforded storekeepers some latitude to decline to create specific messages they considered offensive." However, no such consideration was extended to Phillips. Instead, "some of the commissioners at the Commission's formal, public hearings endorsed the view that religious beliefs cannot legitimately be carried into the public sphere or commercial domain, disparaged Phillips' faith as despicable and characterized it as merely rhetorical, and compared his invocation of his sincerely held religious beliefs to defenses of slavery and the Holocaust" without objections from other commissioners.

The CCRC also claimed in the Masterpiece proceedings that messages on cakes were attributable to the customer (not the baker) and failed to take into account Phillips' willingness to sell other products to LGBT customers, both of which were inconsistent with their treatment of other bakers who objected to another message. This obvious double standard, as well as the disparaging comments, led the majority to conclude that CCRC's decision was based on hostility toward Phillips' beliefs and thus impermissible under the First Amendment. The case was resolved in his favor, but on such narrow grounds that the door was left open for future, similar cases to be decided differently, with respect paid to both gay couples and religious objectors.

Kagan filed a concurring opinion joined by Breyer, in which she agreed with the majority's judgment that the CCRC had not given Phillips "neutral and respectful consideration" on the basis of commissioners' hostile comments, but did not think the treatment of other bakers was relevant because they had not discriminated on the basis of a protected class under the Colorado law in question. Gorsuch filed another concurring opinion joined by Alito, in which he argued that the other bakers' cases were in fact legally similar and that CCRC acted hypocritically by punishing Jack Phillips because it found his beliefs offensive.

Gorsuch also joined Thomas' concurring opinion that the case really should have been decided on free speech grounds, since the use of artistic talents is exactly the type of expressive conduct that the First Amendment protects. (Court precedent has established that compelling speech is even more unconstitutional than forbidding speech). Ginsburg dissented in an opinion joined by Sotomayor, arguing that the commissioners' hostility did not justify a ruling in favor of Phillips.

Regardless of your feelings on this decision, it was for sure among the highest-impact decisions of this year and maybe even of this era. Of course it wasn't the only big decision of this year, but don't worry--there will be more reviews to come!

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Entertainment

Every Girl Needs To Listen To 'She Used To Be Mine' By Sara Bareilles

These powerful lyrics remind us how much good is inside each of us and that sometimes we are too blinded by our imperfections to see the other side of the coin, to see all of that good.

490463
Every Girl Needs To Listen To 'She Used To Be Mine' By Sara Bareilles

The song was sent to me late in the middle of the night. I was still awake enough to plug in my headphones and listen to it immediately. I always did this when my best friend sent me songs, never wasting a moment. She had sent a message with this one too, telling me it reminded her so much of both of us and what we have each been through in the past couple of months.

Keep Reading...Show less
Zodiac wheel with signs and symbols surrounding a central sun against a starry sky.

What's your sign? It's one of the first questions some of us are asked when approached by someone in a bar, at a party or even when having lunch with some of our friends. Astrology, for centuries, has been one of the largest phenomenons out there. There's a reason why many magazines and newspapers have a horoscope page, and there's also a reason why almost every bookstore or library has a section dedicated completely to astrology. Many of us could just be curious about why some of us act differently than others and whom we will get along with best, and others may just want to see if their sign does, in fact, match their personality.

Keep Reading...Show less
Entertainment

20 Song Lyrics To Put A Spring Into Your Instagram Captions

"On an island in the sun, We'll be playing and having fun"

369643
Person in front of neon musical instruments; glowing red and white lights.
Photo by Spencer Imbrock on Unsplash

Whenever I post a picture to Instagram, it takes me so long to come up with a caption. I want to be funny, clever, cute and direct all at the same time. It can be frustrating! So I just look for some online. I really like to find a song lyric that goes with my picture, I just feel like it gives the picture a certain vibe.

Here's a list of song lyrics that can go with any picture you want to post!

Keep Reading...Show less
Chalk drawing of scales weighing "good" and "bad" on a blackboard.
WP content

Being a good person does not depend on your religion or status in life, your race or skin color, political views or culture. It depends on how good you treat others.

We are all born to do something great. Whether that be to grow up and become a doctor and save the lives of thousands of people, run a marathon, win the Noble Peace Prize, or be the greatest mother or father for your own future children one day. Regardless, we are all born with a purpose. But in between birth and death lies a path that life paves for us; a path that we must fill with something that gives our lives meaning.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments