This Washington Post article recaps the hearing:
The Supreme Court seemed closely divided Tuesday over whether the First Amendment protects a Colorado baker from creating a wedding cake for a same-sex couple, with Justice Anthony M. Kennedy likely to cast the deciding vote.So, my prediction is: the baker loses. Two reasons: (1) Justice Kennedy, based on past performance, is likely to come down on the side of gay rights. And (2), a conservative lawyer I know believes that the same-sex couple has the law on its side. Essentially, he sides with the legal reasoning of the lower courts. If you offer a good for general sale, you have to offer it to everyone. As this particular lawyer friend tends to be more libertarian-conservative than Christian right-wing conservative, I think he's okay with that.
"If you offer a good for general sale, you have to offer it to everyone." Pretty much. It seems pretty straightforward. I would be surprised to see SCOTUS rule otherwise.
ReplyDeleteWhat actually happens if the baker loses? Does he have to deliver a cake to the plaintiffs? Does he go to jail? Does he get fined? Does he have to give the gay couple free cupcakes for life?
ReplyDeleteWasn't he fined already by the Colorado equal rights commission or some such? If he hasn't paid it yet, presumably he'll have to if the judgment goes against him.
ReplyDeleteI'm not so sure the court will vote against the baker, given Trump puppet Gorsuch. I think the free speech aspect of the case is meant to do a run-around on the discrimination part.
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