Where the Justices Found Middle Ground in Gay Wedding Cake Case
Justices Elena Kagan and Stephen Breyer joined Justice Anthony Kennedy's majority ruling. Kagan opened her concurring opinion by quoting Kennedy: "It is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law."
June 04, 2018 at 03:14 PM
2 minute read
Justice Anthony Kennedy. (Photo: Diego M. Radzinschi / NLJ) win a majority of justices Masterpiece Cakeshop v. Colorado Civil Rights Commission decided 7-2 so all eyes were on him Kennedy: Commissioner Hess says freedom of religion used to justify discrimination is a despicable piece of rhetoric. Did the commission ever disavow or disapprove of that statement?
Yarger: There were no further proceedings in which the commission disavowed or disapproved of that statement.
Kennedy: Do you disavow or disapprove of that statement?
Yarger: I would not have counseled my client to make that statement.
Kennedy: Suppose we thought that in significant part at least one member of the commission based the commissioner's decision on the grounds of hostility to religion. Could your judgment then stand?
Yarger: Your Honor, I don't think that one statement by the commissioner, assuming it reveals bias—
Kennedy: Well, suppose we thought there was a significant aspect of hostility to a religion in this case. Could your judgment stand?
Yarger: Your honor, if there was evidence that the entire proceeding was begun because of an intent to single out religious people, absolutely, that would be a problem.
had pressed the court to decide a term with only eight justices Read more: Justices Rule for Colorado Baker Who Refused to Make a Cake for Gay Wedding 'How Do You Draw a Line?' Key Moments From the Gay Wedding Cake Case Justices Hear Competing Voices in Wedding Cake Discrimination Case This SCOTUS Brief Is Good Enough to EatThis content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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