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The colorado cake arguments are, as most expected, pivoting around the uncertain vote of Justice Kennedy. Justice Kennedy is almost always the key swing vote, and is usually unpredictable; you may get a coherent and traditional legal smackdown of the State of Colorado OR a Constitutionally dubious and semi-mystical confirmation of the states authority make all bend the knee to serve gay marriage.
While both sides heard good news from Kennedy (conveyed in questioning) there is an impression that Kennedy gave slightly more deference to court conservatives.
Photographers, bakers, and other personal service providers may yet win the right to not "bend the knee" to the PC gaystopo
While both sides heard good news from Kennedy (conveyed in questioning) there is an impression that Kennedy gave slightly more deference to court conservatives.
The Supreme Court heard oral argument today in the Colorado cake maker case. The issue is whether Colorado can coerce a baker, Jack Phillips, into making a custom cake for a gay wedding when he objects to gay marriage on religious grounds.
It quickly became apparent that, to no one’s surprise, Justice Kennedy’s vote will likely decide the case. he questions Kennedy asked created some discomfort for both sides, but more for the gay couple.
Amy Howe of ScotusBlog reports:
With Kennedy seemingly holding the key vote, the couple and their supporters at first seemed to have reason to be optimistic. Discussing the impact that a ruling for the baker could have for gays and lesbians, Kennedy told Solicitor General Noel Francisco, who argued on behalf of the United States in support of Masterpiece Cakeshop, that if the baker were to win, he could put up a sign indicating that he would not bake cakes for same-sex couples. That, Kennedy suggested, would be “an affront to the gay community.”David French is fascinated and encouraged by Kennedy’s fixation on “Colorado’s” animus towards religious belief. He writes:
But the tide seemed to shift later in the argument, as Kennedy asked Colorado Solicitor General Frederick Yarger, representing the state, about a statement by a member of the Colorado Civil Rights Commission who noted that religious beliefs had in the past been used to justify other forms of discrimination, like slavery and the Holocaust. It is, the commission member contended, “one of the most despicable pieces of rhetoric that people can use their religion to hurt others.” If we thought that at least this member of the commission had based his decision on hostility to religion, Kennedy asked Yarger, could the judgment against Masterpiece stand?
Justice Kennedy labels a common leftist talking point — that freedom of religion is used to justify discrimination — a “despicable piece of rhetoric.” Kennedy then went on to raise the question of whether there was “a significant aspect of hostility to a religion in this case.” ...
Photographers, bakers, and other personal service providers may yet win the right to not "bend the knee" to the PC gaystopo
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