Monday, June 4, 2018

Masterpiece v. Colorado Civil Rights Commission

I have now read the opinion in full and Ginsburg's dissent. It leaves me waiting for more information because I suspect that the justices have come to conclusions (and perhaps agreements) not expressed in the opinion.

The bottom line is that the Court found that the Colorado commission was hostile to religion. Yet the Court has delivered an opinion based more on compelled speech (expression). Meanwhile, Kennedy refers to the dignity of gay couples and their civil rights five times.

The ACLU will undoubtedly claim that this is a very narrow decision. ADF will produce a blood-boiling victory memorandum.

If you want to know what this really means, watch for what they do regarding Arlene's Flowers and Gifts (Barronelle Stutzman). If the Court agrees to hear that case, we are in deep trouble. If they turn it away then that confirms the narrowness of this decision.

Surely Brian Brown is going to take credit for the Supreme Court's decision.

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