SCOTUS sides with Colorado baker on same-sex wedding cake

Posted: Monday, June 4, 2018 | Chris Woodward, | Politics


The Supreme Court is setting aside a Colorado court ruling against a baker who wouldn't make a wedding cake for a same-sex couple. But the court is not deciding the big issue in the case, whether a business can refuse to serve gay and lesbian people.

The justices' limited ruling Monday turns on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips. The justices voted 7-2 that the Colorado Civil Rights Commission violated Phillips' rights under the First Amendment. (Read the entire ruling)

Abraham Hamilton III, legal counsel for the American Family Association, explains that references to the 7-2 vote being a "narrow" decision have nothing to do with the vote count.

"When describing it as a narrow decision, the Court had before it an opportunity to slam the door once and for all on the issue as to whether or not religious freedom would be upheld in every case, in every instance where it is challenged by same-sex marriage. But the Court did not go that far," he explains.

"In fact ... the opinion ... gives the indication that Justice Kennedy based the bulk of his reasoning in this opinion on the Colorado Commission's overt hostility towards Christianity – almost giving the indication that if they had been a little bit more subtle and discreet in their anti-Christian hostility, maybe they could have concluded in their direction. But because their record was so abundantly clear that the Commission even in some instances mocked the legitimacy of Jack Phillips' faith, that they were duty bound as the High Court in the country to rule against them."

Editor's Note: The American Family Association is the parent organization of the American Family News Network, which operates and Urban Family Communications.