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They argued that as the Colorado commission had previously allowed bakers to refuse to decorate cakes with anti-gay designs, the commission's decision to rule against Phillips was inherently inconsistent and discriminated against some religious groups. The offensive remarks of a single commission member, they said, did not taint the proceedings, which were reviewed by two courts afterward. Seven justices agreed that Phillips was entitled to a fair hearing from the Colorado commission and that the hearing he had received — in which one commissioner compared Phillips' invocation of his beliefs to defenses of slavery and the Holocaust — didn't meet that standard. David Cortman, senior counsel for the Alliance Defending Freedom, called the case "a significant win for religious freedom. But the 7-to-2 decision was on the narrowest of grounds and left unresolved whether business owners have a free speech right to refuse to sell goods and services to same-sex couples. Twenty-one states, including Colorado, have laws that bar discrimination based on sexual orientation, in addition to barring discrimination based on race, religion and gender.

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The offensive remarks of a single commission member, they said, did not taint the proceedings, which were reviewed by two courts afterward. Supreme Court ruled Monday in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple. In Contentious Supreme Court Case, A Cornucopia Of Sugar-Coated Confections Liberal justices Elena Kagan and Stephen Breyer wrote separately to say that bakers may refuse to make a cake with a message they find offensive, so long as they would refuse the same message to any customer. Phillips appealed to the U. Kennedy said it is "unexceptional" that Colorado law "can protect gay persons in acquiring products and services on the same terms and conditions that are offered to other members of the public," but at the same time, "the law must be applied in a manner that is neutral toward religion. As Washington University law professor Elizabeth Sepper put it, "The decision from the court is a punt, but it could have been dynamite instead of a dud. Justice Clarence Thomas' opinion, joined by Gorsuch, was the only one that addressed Phillips' free speech claim, arguing that cake decorating is expressive and protected from government restriction under the First Amendment. While Kennedy's opinion spoke for the court, there were three concurring opinions elaborating on agreements and disagreements with Kennedy's reasoning. We just think you have to provide these services for same-sex weddings. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented, contending that principles of anti-discrimination required ruling against Phillips. David Cortman, senior counsel for the Alliance Defending Freedom, called the case "a significant win for religious freedom. As he put it last December, "It is hard for me to believe the government is forcing me to choose between providing for my family Seven justices agreed that Phillips was entitled to a fair hearing from the Colorado commission and that the hearing he had received — in which one commissioner compared Phillips' invocation of his beliefs to defenses of slavery and the Holocaust — didn't meet that standard. He closed by saying that "the outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market. They argued that as the Colorado commission had previously allowed bakers to refuse to decorate cakes with anti-gay designs, the commission's decision to rule against Phillips was inherently inconsistent and discriminated against some religious groups. But Justice Anthony Kennedy, writing for the court majority on Monday, threaded the needle far more narrowly. But the 7-to-2 decision was on the narrowest of grounds and left unresolved whether business owners have a free speech right to refuse to sell goods and services to same-sex couples. Colorado, like most states, has a state anti-discrimination law for businesses that are open to the public. Twenty-one states, including Colorado, have laws that bar discrimination based on sexual orientation, in addition to barring discrimination based on race, religion and gender. Moreover, the state law at the time afforded storekeepers some latitude to decline creating specific messages they considered offensive, and the Colorado commission had previously allowed three different bakers to refuse to put an anti-gay message on a cake. Despite this consensus, there were four separate opinions filed for the majority. The case began when a same-sex couple in Colorado — Charlie Craig and Dave Mullins — filed a complaint with the state civil-rights commission after baker Jack Phillips told them that he did not design custom cakes for gay couples. After Monday's decision, Yale law professor Robert Post said he was "looking forward to the question of whether the court applies the same sort of reasoning to the Muslim ban case, that is to say, whether statements which are discriminatory in their purpose infect the whole record of decision-making.

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  1. As Washington University law professor Elizabeth Sepper put it, "The decision from the court is a punt, but it could have been dynamite instead of a dud.

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