Title : I know. The cake. Must talk about the cake.
link : I know. The cake. Must talk about the cake.
I know. The cake. Must talk about the cake.
But you did such a great job talking about the cake in the comments on that post I put up as a place for you to talk about it:Gretchen said...
Glad Masterpiece was reversed, pretty big decision 7-2 is pretty decisive these days.Kate said...
So the next time you have to bake the cake they'll use nice words to describe your refusal.Teller said...
If anything, it was a decision against open hostility to religious beliefs. The more subtle, smirky hostility will eventually carry the day.Big Mike said...
Yes, the whole thing turns on how many of the justices who concurred will be okay if the anti-Christian attitude of the members of the Commission is better disguised next time. Two? Three?Now, I'll go read the opinions and see if I have anything special to say. But first, I would like to point out my post from last December that looked closely at what Justice Kennedy (author of today's opinion) said during the oral argument. After a long post about everything he said, I extracted his 3 concerns in order of importance to him. I think the second of the 3 things is what produced today's narrowly framed decision that won 7 of the Court's 9 votes:
1. Empathy for the human beings on both sides of this controversy. Kennedy showed empathy for the gay people who face discrimination: If the cake-maker wins this case, he could put "put a sign in his window: we do not bake cakes for gay weddings," and that would be "an affront to the gay community." And there might be a movement to get all cake-makers to stop making cakes for same-sex weddings. But Kennedy also showed empathy for the cake-maker as he criticized the state for its lack of tolerance and respect for the cake-maker's religious beliefs. Kennedy seemed troubled not only about compelling the cake-maker to make cakes for same-sex weddings but also about requiring him to teach his employees that his religion is subordinate to the dictates of worldly government. Kennedy never seemed interested in the much-proffered answer that the the religious man could solve his own problem by getting out of the wedding-cake business. I'd say: Kennedy seems to care about the consequences to real people (whichever side wins).
2. Government hostility toward religious people. Not only did Kennedy chide the government's lawyer for the state's lack of tolerance and respect for religion (as noted in #1), he seemed willing to look into the subjective attitude of individual members of the 7-person commission that made the original decision that the cake-maker had illegally discriminated. One commissioner had said that using religion to justify discrimination is "despicable." This connects to Kennedy's opinion in Lukumi, which was about when strict scrutiny applies in a Free Exercise Clause case. There needs to be discrimination against religion (as opposed to a neutral, generally applicable law), and Kennedy's opinion in that case looked at evidence of the lawmakers' animus toward religion. I'd say: Kennedy reacts to what he perceives as hatefulness coming from or through government. There is no current problem of government animus toward gay people (now that the Court has protected their rights in cases authored by Kennedy that were very sensitive to animus toward gay people). The problem now is government animus toward the religious people who are burdened by the success of the gay-rights advances.
3. Judicial expertise in crafting a principled, limited exception to the state's anti-discrimination law. A big issue, throughout the oral argument was: How can the Court define a principled narrow exception to the state's law against discrimination against gay people, an exception that would allow the cake-maker with a religious compunction to refuse to make a cake for a same-sex wedding? Justice Kennedy became involved in some of this discussion about where to draw the lines — the ready-made/custom cake distinction, the speech/conduct distinction, and the distinction between selling a cake in a shop and supervising the cutting of a cake at a ceremony. But Kennedy stayed out of the distinction between what is art and what is not art (that seemed to entrance Justices Ginsburg and Kagan) and the distinction between the artist and the artisan (that captivated Justice Breyer). And Kennedy didn't get involved in Justice Breyer's talk about the the superiority of legislatures in crafting religious exceptions to generally applicable laws and the problem of too many picky little cases that might burden the judicial system if courts try to solve problems like this.
These 3 points, in that order, suggest that Justice Kennedy is likely to provide the 5th vote for the cake-maker's religious exception. But if that's the outcome you like for this particular case, do not rejoice. I think that if, in the long run, you'd like to see more conservatives winning Senate seats and in a position to confirm judges nominated by a conservative President — nominees selected for their solid and forthright conservatism — you ought to hope the cake-maker loses.
If, on the other hand, you want the anti-discrimination side to win, you can still feel good if and when you lose. Practically, all you lose is a little access to cake, but if the Court impinges on the right of gay people to be served as equals in an ordinary shop, you will have a powerful political argument that that gay people are still exposed to cruel disrespect and that the so-called "conservatives" of the Supreme Court kicked into judicial activism to make up an unprincipled right to discriminate. What a fraud! Time for more Democrats in the Senate, obstruction of Trump nominees, and for God's sake get a Democrat in the White House in 2020.
Thus articles I know. The cake. Must talk about the cake.
that is all articles I know. The cake. Must talk about the cake. This time, hopefully can provide benefits to all of you. Okay, see you in another article posting.
You now read the article I know. The cake. Must talk about the cake. with the link address https://usainnew.blogspot.com/2018/06/i-know-cake-must-talk-about-cake.html
0 Response to "I know. The cake. Must talk about the cake."
Post a Comment