Notorious: The RBG Podcast - Episode 8: No Ordinary Piece of Cake: A Discussion of Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n

Patterson Belknap Webb & Tyler LLP
Contact
Featuring guest speaker, Joshua Block of the American Civil Liberties Union.

In Episode 8 of Notorious, we discuss the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. The U.S. Supreme Court addressed whether the actions of the Colorado Civil Rights Commission (CCRC), under the Colorado Anti-Discrimination Act, in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration, See more +

Featuring guest speaker, Joshua Block of the American Civil Liberties Union.

In Episode 8 of Notorious, we discuss the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. The U.S. Supreme Court addressed whether the actions of the Colorado Civil Rights Commission (CCRC), under the Colorado Anti-Discrimination Act, in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration, violated the Free Exercise Clause of the First Amendment of the U.S. Constitution.

In a 7-2 opinion by Justice Kennedy, the Court reversed the CCRC’s decision. The Court narrowly ruled that the CCRC did not employ religious neutrality and violated the bakery owner’s right to free exercise of religion. The Court declined to decide the broader issues of the intersection of anti-discrimination laws, free exercise of religion, and freedom of speech.

Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined. Strongly disagreeing with the outcome of the majority, Justice Ginsburg argued, “When a couple contacts a bakery for a wedding cake, the product they are seeking is a cake celebrating their wedding ? not a cake celebrating heterosexual weddings or same-sex weddings ? and that is the service [the couple] were denied.”

Joshua Block, a senior staff attorney with the National ACLU’s Lesbian Gay Bisexual Transgender & HIV Projects, joined by Patterson Belknap attorneys, Michelle Bufano, Jonah Knobler and Elena Steiger Reich, discuss the different views expressed by the majority and dissent. See less -

Embed
Copy

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Patterson Belknap Webb & Tyler LLP | Attorney Advertising

Written by:

Patterson Belknap Webb & Tyler LLP
Contact
more
less

Patterson Belknap Webb & Tyler LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.