SCOTUS and Wedding Cakes: Masterpiece Cakeshop v. Colorado CRC

[James_Gale]

The Supreme Court today granted certiorari in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, a case involving a baker who objected on religious and free-speech grounds to preparing a cake for a same-sex wedding.

The issue:
"Whether applying Colorado's public accommodations law to compel the petitioner to create expression that violates his sincerely held religious beliefs about marriage violates the free speech or free exercise clauses of the First Amendment."
The Court will hear the case in the term starting in October.  Here's a link to the current docket sheet, which includes links to the briefs filed in conjunction with the petitioner's request for certiorari.

This will be fun.  My very early guess is that the bakers will win this case.  We'll know by this time next year!

[Donald_Kirchner]

I never had seen it put this way before. I sometimes miss the obvious. A powerful perspective.

“The government cannot force you to speak where you would choose to remain silent. These are foundational pillars of Constitution.”

http://www.foxnews.com/politics/2017/09/07/doj-files-brief-on-behalf-baker-who-refused-to-make-wedding-cake-for-gay-couple.html

[James_Gale]

I never had seen it put this way before. I sometimes miss the obvious. A powerful perspective.

“The government cannot force you to speak where you would choose to remain silent. These are foundational pillars of Constitution.”

http://www.foxnews.com/politics/2017/09/07/doj-files-brief-on-behalf-baker-who-refused-to-make-wedding-cake-for-gay-couple.html

Two different First Amendment rights do indeed come into play--the right to freely exercise one's religion and the right to free speech.  Only time will tell.  But I doubt that the Court would be hearing this case unless the inclination existed to rule for the bakers. 

[Donald_Kirchner]

And I understand that they offered to bake/make them a cake, just without that particular "speech."

Will be interesting.

[James_Gale]

And I understand that they offered to bake/make them a cake, just without that particular "speech."

Will be interesting.

A common thread in these baker/photographer cases is an objection to being forced to participate actively in same-sex weddings.  That's critically different from selling something off the shelf that the buyer may put to his or her own use.