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Masterpiece Cakeshop v Colorado Civil Rights Commission: Gay Rights Against First Amendment
Constitutional Law Reporter ^ | Sept 07, 2017 | Staff

Posted on 09/08/2017 8:32:10 AM PDT by ptsal

**snip**Supreme Court is slated to consider several blockbuster cases when it resumes next month. One of the most highly anticipated cases is Masterpiece Cakeshop v Colorado Civil Rights Commission, which involves a Colorado bakery that refused to create a custom wedding cake for a gay couple.

The Colorado Civil Rights Commission ruled that Jack Phillips, the owner of Masterpiece Cakeshop, engaged in sexual orientation discrimination under the Colorado Anti-Discrimination Act (CADA) when he declined to design and create a custom cake honoring the same-sex marriage of David Mullins and Charlie Craig.

(Excerpt) Read more at constitutionallawreporter.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; US: Colorado
KEYWORDS: baker; bakery; cakeshop; christians; homosexualagenda; lawsuit; scotus
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What position will the the DOJ take in the matter?
1 posted on 09/08/2017 8:32:11 AM PDT by ptsal
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To: ptsal

Didn’t they already side with Jack Phillips?


2 posted on 09/08/2017 8:34:51 AM PDT by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: ptsal

The Slate view

3 posted on 09/08/2017 8:35:16 AM PDT by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: ptsal

Justice Anthony Kennedy will probably be the swing vote.


4 posted on 09/08/2017 8:36:21 AM PDT by Mr. N. Wolfe
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To: ptsal
According to the NY DAILY NEWS:
The state’s public accommodation law forbids discrimination based on race, religion and sexual orientation, but the DOJ agreed that requiring Masterpiece Cakeshop owner Jack Phillips to bake a wedding cake for a gay couple would violate his constitutional rights.

In a filing with the high court Thursday, the Justice Department argued it would create an “intrusion” of the First Amendment “where public accommodations law compels someone to create expression for a particular person or entity and to participate, literally or figuratively, in a ceremony or other expressive event.

“Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights,” the Justice Department wrote in an amicus brief ahead of arguments in the case.

http://www.nydailynews.com/news/national/doj-sides-baker-same-sex-wedding-cake-case-article-1.3479277
5 posted on 09/08/2017 8:40:22 AM PDT by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: Mr. N. Wolfe
Justice Anthony Kennedy will probably be the swing vote.

And we all know which way he swings.

6 posted on 09/08/2017 8:44:43 AM PDT by fwdude (Democrats have not been this angry since Republicans freed the slaves.)
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To: ptsal

Interesting tidbit from the Slate link: “the court took the case — strongly indicating that at least four justices think the Colorado court got it wrong. (It takes four votes for the Supreme Court to hear a case.)” I didn’t know they went by the numbers that way.

The rest is the usual willfully ignorant Jim Crow twaddle that completely ignores that the case is a question of artistic expression, not of discrimination against a protected class.


7 posted on 09/08/2017 8:46:07 AM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: ptsal
This current Supreme Court still isn't suitable to hear a case for constitutional freedom. It is in the same condition it was in when it unconstitutionally destroyed marriage.

In case you can't tell, I don't have a good feeling about this, unless Ginsburg kicks off or Breyer and/or Kennedy retires over the summer.

8 posted on 09/08/2017 8:49:34 AM PDT by fwdude (Democrats have not been this angry since Republicans freed the slaves.)
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To: ptsal

Sounds like....First Amendment rights beats lifestyles.


9 posted on 09/08/2017 8:50:08 AM PDT by Sacajaweau
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To: ptsal

If you are obligated to service all request from an individual, doesn’t that make you a slave to that individual?


10 posted on 09/08/2017 8:56:37 AM PDT by Blogatron (Brought to you by The American Frog Council; "Frog - The other green meat.")
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To: Mr. N. Wolfe

Yeah, he seems to swing that way....

The world would be a better place if homosexual acts were still illegal.


11 posted on 09/08/2017 9:01:10 AM PDT by Rurudyne (Standup Philosopher)
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To: ptsal

That’s how I see it. It reminds me of the deli that had served an openly homosexual couple for a long time and the couple asked them to cater their wedding. They refused due to religious beliefs. The couple said they were discriminating against them. But the case is hard to make when they had been serving them for a long time.

This is what people need to grasp here: When you refuse to work this sort of event as a baker, florist, photographer, etc., you are not discriminating against people. You are discriminating against an EVENT. And that is a classic free speech issue.

Legally, these alphabet people can pound sand.


12 posted on 09/08/2017 9:03:31 AM PDT by robroys woman
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To: jiggyboy

...iscrimination against a protected class.


And not to put too fine a point on it, the constitution does not protect “classes” or “groups”. It protects the individual.


13 posted on 09/08/2017 9:05:31 AM PDT by robroys woman
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To: robroys woman

Good advice.
thanks


14 posted on 09/08/2017 9:07:52 AM PDT by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: ptsal

15 posted on 09/08/2017 9:09:13 AM PDT by billorites (freepo ergo sum)
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To: ptsal

Also, I don’t know who penned the phrase, but I no longer call them LGBTQXYZ. I’ve picked up the phrase someone else came up with: “alphabet people”.

And to do it one better, #Alphabetpeople.


16 posted on 09/08/2017 9:09:53 AM PDT by robroys woman
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To: ptsal

Don’t be surprised if that retard Kennedy screws us again.


17 posted on 09/08/2017 9:15:30 AM PDT by Dr. Thorne
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To: robroys woman

Mike Adams (the UNC professor) rearranged the letters to “GBLT”.

Pronounced “giblets”.


18 posted on 09/08/2017 9:17:20 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: DuncanWaring

Awesome! :-)


19 posted on 09/08/2017 9:21:59 AM PDT by robroys woman
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To: robroys woman

Really is common sense... but that appears to be in limited supply now a days.


20 posted on 09/08/2017 9:23:32 AM PDT by PigRigger
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