It’s Not Freedom if You Can’t Exercise It, Pt 5   1 comment

There were 2 Justices who dissented from the majority opinion in Masterpiece Cakeshop. Ginsburg and Soyomayor. They believe their colleagues should uphold the same-sex couple’s “right” to not be offended or frustrated.

 

Ginsburg has no problem with the “general rule that [religious and philosophical] objections do not allow business owners and other acts in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”

Image result for image of wedding cakeBasically she concludes that the arguments the majority makes do not comport with her view of the world and therefore, they should have voted differently.

“The fact that Phillips might sell other cakes and cookies to gay and lesbian customers was irrelevant to the issue Craig and Mullins’ case presented. What matters is that
Phillips would not provide a good or service to a same-sex couple that he would provide to a heterosexual couple.”

You might not notice the distinction – which is based on the idea that Phillips’ beliefs are less valid than the bakers noted in the Jack’s case. If Ginsburg wanted to be honest, she would simply say “Gays must be protected at all costs. Everybody else shut up.”

Jack’s message was offensive, while any message in a cake requested by a gay couple was not. It doesn’t matter to Ginsburg that the Commissioners were clearly biased against Phillips’ religious beliefs. All that mattered was that Phillips violated Colorado law. Forget that the law might not properly protect his freedom of conscience and instead rule on whether any gays suffered injured feelings.

I’ve never really encountered an opinion of Ginsburg’s that I found well-reasoned and this is no exception. I wonder if Sotomayor might have written a better one and why she declined to do so.

 

I encourage people to read the decision text for themselves because it really does an excellent job of explaining why evangelicals really were concerned about the direction the Obama administration had taken the Court and the need for more justices who rule on precedent and actual reasoning rather than feelings and social justice shenanigans.

Posted June 9, 2018 by aurorawatcherak in Common sense, Uncategorized

One response to “It’s Not Freedom if You Can’t Exercise It, Pt 5

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