Argument analysis: Conservative majority leaning toward ruling for Colorado baker

SCOTUS Blog ^ | 12/05/2017 | Amy Howe

[TexasGurl24]

Lines began forming outside the Supreme Court last week for one of the biggest oral arguments of the year, in the case of a Colorado man who says that requiring him to create custom cakes for same-sex weddings would violate his religious beliefs. At the end of over an hour of debate, it became clear that, at least in one respect, the case is just like so many others: It is likely to hinge on the vote of Justice Anthony Kennedy, who initially seemed sympathetic to the same-sex couple but later expressed real concern that Colorado had not been sufficiently tolerant of the baker’s religious freedom.

[Jacquerie]

He will. Kennedy was the one who wrote that only ‘haters’ oppose fag marriage.

In the bigger picture, our once great Supreme Court of the United States brought themselves, through their own decisions, to this low point of deciding for whom bakers must bake cakes.

[Charles Henrickson]

In this case, there are probably four sensible votes: Roberts, Alito, Thomas, and Gorsuch. The left has their four: Breyer, Ginsburg, Kagan, and Sotomayor. However, that leaves the swing vote, Kennedy, who has shown himself in the past to be pro-homo.

[Pollster1]

I would love to see President Trump replace a couple of far left Justices, and perhaps even rejuvenate a couple of reliable conservatives by replacing them with men aged about 50.

[Eleutheria5]

This is where it’s all come to. Do bakers have a constitutional right to not bake a cake for a couple of queers’ wedding, or do queers who want to get married have a constitutional right to order a specific baker to make a cake for them. Does the Civil Rights Act and its case law trump the plain meaning of the First Amendment? Unbelievable.

[Brown Deer]

Did the two faggots sue the State of Colorado?

They were not allowed to get married in Colorado, so they went to Massachusetts to get married.

The baker offered to bake them a cake, he just refused to put the faggot decoration on top of it. So why was the baker sued and ordered by the judge to report all of his transactions for the next two years? Why wasn’t the State of Colorado sued instead?

[pierrem15]

Well, having blatantly pushed the idiocy of the court's invented due process confabulations in Obergefell, Kennedy is hemming and hawing a lot now that he realizes that the "jurisprudence" of Obergefell is being used to annihilate protections explicitly granted by the First Amendment.