Lauren Walinski
Co-editor in chief
The Supreme Court ruled in favor of a baker who refused to make a cake for a gay couple on June 4, 2018, on the grounds of making such a cake being a violation of his religious freedom. The vote was 7-2, with Justices Ruth Bader Ginsburg and Justice Sonia Sotomayor as the dissenting voices.
The case itself dealt with a couple who tried to buy a wedding cake in 2014. The baker did not want to be involved in what he believed to be a sin and refused. He believed that making the cake would be seen as endorsing being gay and his refusal prompted the couple to take legal action. The Colorado Civil Rights Commission, which reviewed the case, ruled in favor of the couple.
The case was thought to be one of freedom of speech and religion versus equality. Many of those in the majority of the Supreme Court voted, however, with a third factor influencing their vote. Justice Anthony M. Kennedy, who wrote the majority opinion, ruled on the basis that the original commission which had dealt with this case had done so unfairly. The Supreme Court ruled that the Colorado Civil Rights Commission, which had ruled in favor of the couple, had made hostile remarks in the case which had compromised the fairness of the ruling. The Court struck down the ruling on this basis.
The dissenting judges did not see the ruling this way. There was concern that this would set a precedent for future rulings which would encourage discrimination against the LGBTQ community. Additionally, even if the ruling is narrow and only applies for the case at hand, there is always the risk that others who are hateful will feel emboldened by this ruling to discriminate just the same. Even if the case ruling is narrow, other businesses may still take it as a sign they do not need to serve LGBTQ individuals, either.
