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There’s More To Supreme Court Ruling Than A “Win” For Colorado Baker Who Refused To Do A Cake For A Same-Sex Wedding. And Less.

Supreme Court Tries To Have Its Cake And Eat It Too…

We’re not trying to be flippant here. It just took us a while to decipher this ruling. And the oversimplification of a lot of the reporting as a huge setback for the LGBTQ+ movement (which it may be, but also may not be) didn’t help.

We’re not legal scholars, so we made an attempt to search out and aggregate information from those we trust, and then distill it down:

“As Justice Gorsuch sees it, the product that Phillips refused to sell here — and would refuse to sell to anyone — was a ‘cake celebrating same-sex marriage’. But that is wrong. The cake requested was not a special ‘cake celebrating same-sex marriage’. It was simply a wedding cake….”

  • Problem is, even if this ruling has no traction, it takes a long time for cases to reach the Supreme Court. So the “further elaboration in courts” Kennedy refers to might be long in coming. This dispute started in 2012, three years prior to the ruling that legalized same sex marriage nationally. So despite Kennedy’s warning not to aggressively do so, the decision will undoubtedly be used in other cases of the same type, in the absence of any other ruling by the Court.
  • An earlier ruling by the Colorado Court Of Appeals, which has now been overturned, made the most common sense to us. It found that people would understand the baker was not making a personal statement with the cake, and he was not restrained from privately saying anything he wanted about same-sex marriage. But common sense doesn’t always win out in court.
  • In effect, the Court sidestepped this one, leaving it up to lower courts to figure out what to take from it, if anything at all.

Written by

Peabody award winning journalist. Streaming media pioneer. Played @ CBGB back in the day. Editor-In-Chief "The Chaos Report"

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