Same-Sex Marriage

In a 7-2 decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission the Supreme Court reversed a ruling against the owner of a cake shop who refused to create a wedding cake for a same-sex couple because of his religious beliefs. The Court concluded the cake maker was entitled to but did not experience a “neutral decisionmaker who [gave] full and fair consideration to his religious objection.” The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Colorado.

Charlie Craig and Dave Mullins filed a complaint against Masterpiece Cakeshop claiming it violated Colorado's public accommodations law, which prohibits discrimination in public accommodations on the basis of sexual orientation, when it refused to create a wedding cake for them. The cake shop owner Jack Phillips explained:  “to create a wedding cake for an event that celebrates something that directly goes against the teachings of the Bible, would have been a personal endorsement and participation in the ceremony and relationship that they were entering into.”

For much of the past week, the Supreme Court has been issuing opinions at a dizzying pace. Four cases in particular impact states directly. Rulings on same-sex marriage and Affordable Care Act cases affect everyday life and have incited much discussion in Congress and among the public. Other rulings on what license plates may say and access to hotel registry information have not garnered as much attention, but have important impacts on states as well.

In a 5-4 decision written by Justice Kennedy the Supreme Court held that same-sex couples have a constitutional right to marry. All state laws and court decisions banning same-sex marriage are now invalid.  

Justice Kennedy’s opinion can fairly be described as a celebration of marriage generally.  “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.”

Same-sex marriage and an Affordable Care Act case heard in one Supreme Court term.  Does it get any bigger than this?  

The Court will decide whether it is constitutional for states to prohibit same-sex marriage and whether states may refuse to recognize same-sex marriages lawfully performed out of state.

While the Court refused to hear a number of cases presenting the same issues earlier in the term, these grants came as little surprise.  Between then and now the Sixth Circuit ruled that same-sex marriage bans are...

Has any Supreme Court denial been as big and as suprising as the Court not taking the same-sex marriage case?

For the six reasons Lyle Denniston describes on SCOTUSblog, the Supreme Court’s announcement on Monday that it would not hear any of the seven petitions striking down same-sex marriage bans was stunning.  Even though there was no circuit split, conventional wisdom indicated the Court would decide the issue because...

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