Tuesday, December 5, 2017

Opponents in LGBT case agree: It's not about wedding cake

https://www.ncronline.org/news/people/opponents-lgbt-case-agree-its-not-about-wedding-cake
MGB:_First, the question moot because the ceremony took place and another baker was used. The action going forward is about whether the punishmet prescribed by the State of Colorado can go forward. If this were in negotiation, I would mandate he bake a standard wedding cake but not offer the two-grooms cake topper, which can be easily purchased online by the couple and placed once the cake arrives. Also, some gay marriage cases were 5-4. The big one, however, was 8-1 and that one is dead. If Gorsuch follows his old mentor, this could be a unanimous case. When the case in the New York Circuit comes to the Supreme Court, there will be a clear decision on whether the Civil Rights Act applies to LGBT individuals. The plaintiffs cite the Marriage Equality decisions which established gays and lesbians as a protected class, so the likely answer is yes. If the Court does not carve out a religious exemption, and there is no part of the case that says it should, then Congress may well take up employee non-discrimination in order to put one in. It cannot be any narrower than Hosanna Tabor, however. It won’t allow the Church to fire gay employees who get married. That is not free exercise, that is moral scorn and it is no more protected than shouting fire in a theater is free speech.

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