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BREAKING: SCOTUS reversed the decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, based on concerns specific to the case. The Court did NOT rule that the Constitution gives a right to discriminate.
Some background on #MasterpieceCakeshop: Dave Mullins and Charlie Craig visited Masterpiece Cakeshop in Colorado in July of 2012. They were planning to order a cake for their upcoming wedding reception, and invited Charlie’s mom along to help them pick it out.
When the shop owner realized the cake was for Dave and Charlie, he refused to sell them a cake because they are LGBT.https://www.aclu.org/cases/masterpiece-cakeshop-v-colorado-civil-rights-commission …
Colorado law prohibits businesses open to the public, like #MasterpieceCakeshop, from denying service to anyone based on who they are, including their religion, race, or sexual orientation or gender identity.
Dave and Charlie filed a complaint. The Colorado Civil Rights Commission determined that Masterpiece Cakeshop illegally discriminated against Dave and Charlie. The Colorado Court of Appeals affirmed that decision, unanimously.
Still, Masterpiece Cakeshop brought this case all the way to the Supreme Court, arguing the shop can refuse to serve a same-sex couple. This argument isn't new. And it's lost at the Supreme Court before:https://www.aclu.org/blog/lgbt-rights/lgbt-nondiscrimination-protections/masterpiece-cakeshop-case-what-you-need-know?page=2 …
As a nation, we’ve already rejected the idea that businesses open to the public have a license to discriminate against people because of who they are.
Does this case hinge on the CCRD's involvement? That is, if this were purely private litigants, could the Court have reached the same decision (aka with no state action)?
No(imho)
It’s still a terrifying precedent.
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