In the end using scare quotes to say "Jesus" was an unfortunate choice by one of the Commissioners during the hearing.
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The decision was 7-2 but Kagan and Breyer only signed on because the Commission was openly hostile to religion. Also possible that Kennedy wouldn't extend his own opinon if civil rights for homosexuals were more reasonably balanced with religious belief.
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Which is to say that it is possible that in a properly presented case, we get a 5-4 decision that is a lot closer to the public accommodation doctrine that arose in response to Jim Crow.
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The difference between the concurrences that Gorsuch and Kagan wrote come down to whether you believe a "wedding cake" is more of an off-the-shelf commodity purchase or a form of artistic impression that reflects the seller's endorsement of the purchaser's lifestyle.
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Even Gorsuch appears to concede, for example, that Hobby Lobby could not refuse to sell a gay couple glitter.
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Kennedy's argument that the CCRC had anti-Christian animus is mostly getting huffy when it is pointed out that anti-gay marriage arguments sound like a CTRL-F of anti-miscegenation rhetoric.
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End of conversation
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between what you highlighted on this week’s mic dicta and this case, it seems like administrative law judges are really goofing things up lately
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Also according to the country’s best legal minds, these two cakes are the same as a cake for a gay wedding, actuallypic.twitter.com/5UDyAsjgs7
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