Accessibility Tools

Skip to main content

GAY BIAS CLAIM AGAINST WEDDING CAKE MAKER ADDRESSED

Written on .

Another long-awaited Supreme Court ruling dealt with whether a baker who wouldn’t make a wedding cake to celebrate a same-sex wedding violated the civil rights of the gay couple.  Masterpiece Cakeshop v. Colorado Civil Rights Commission, No. 16-111 (U.S., 6/4/18).  The baker told the couple he didn’t make cakes for same-sex weddings, and contended his religious views did not allow such activity.  The Supreme Court eventually resolved the case in the baker’s favor, but did not address the baker’s principal defense.  Instead, Justice Kennedy said the Colorado civil rights tribunal that virtually decided the case made certain statements that disparage religion and "cast doubt on the fairness and impartiality of the Commission’s adjudication."

Justice Kennedy indicated the Court wasn’t deciding whether other business owners have a right not to take part in gay weddings, stating those issues "must await further elaboration in the courts."  The Justice recognized that both sides in the case raised legitimate concerns.  "Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth," he wrote.  "For that reason, the laws  in the Constitution can, and in some instances must, protect them in the exercise of their civil rights."  But he added that:  "At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression." 

Thus, the issue of whether certain anti-discrimination laws prevail over religious beliefs still remains. 

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

gavel

Judge Invalidates Joint Employer Rule, and Independent Contractor Rule Takes Effect

The National Labor Relations Board (NLRB) Joint Employer Regulation, which was set to take effect March 11, 2024, was invalidated by a Te...
balance of justice statue

The Importance of Fairness in Employment to the Law and to Job Satisfaction

Some of you may have heard about disgruntled employees taping phone conversations of their discharge and mentioning them on social media ...
we the people, focus, document

Major Employers Challenge Constitutionality of Labor Act

Amazon is the most recent major employer to challenge the constitutionality of the National Labor Relations Act (NLRB), joining Trader Jo...
starbucks drink on a table

Starbucks' Big Change in Labor Policies

Starbucks' new public commitment to work with its union antagonists to resolve issues has been called a landmark in labor relations.  In ...
smiling blocks

Judge Orders Survey Data to Be Revealed from Employer EEO-1 Reports

Employers are supposed to file annually the EEO-1, Standard Form 100, with the U.S. Department of Labor (DOL).  This requirement applies ...
mcdonalds sign, blue sky

Featured Article at The Federalist Society: Franchise With That? McDonald’s No-Poach Agreements Receive Antitrust Scrutiny

Elizabeth K. Dorminey authored another article for the Federalist Society. Here's a quick summary of what this article, Franchise With ...