The Nine today ruled 7-2 in favor of a Christian baker in Colorado and against the bigoted, anti-Christian, anti-freedom Colorado “Civil Rights” Commision.
The ruling, as lop-sided as it was, was mired in the kind of language employed by judges to maintain their employment in the future. Still, we’ll take what we can get. Also, I sense, here nearing the end, the pendulum beginning to swing back this way. I suspect it may return Poe style; one might hope, for once, that rats are available when needed. Anway, if you’re so inclined,
The intelligent discussion begins on page 26 with the concurrences of Justices Gorsuch and Thomas.
As the Court also explains, the only reason the Commission seemed to supply for its discrimination was that it found Mr. Phillips’s religious beliefs “offensive.” Ibid. That kind of judgmental dismissal of a sincerely held religious belief is, of course, antithetical to the First Amendment and cannot begin to satisfy strict scrutiny. The Constitution protects not just popular religious exercises from the condemnation of civil authorities. It protects them all. Because the Court documents each of these points carefully and thoroughly, I am pleased to join its opinion in full.
–Masterpiece Cakeshop, Ltd., et al. v. Colorado “Civil Rights” Commission et al., 584 U. S. ____, at Slip 27, (June 4, 2018)(Gorsuch Concurrence).
This was not a case about a baker discriminating against gays. It was a case about a government discriminating against Christians. The ruling, murky as it is, is a slap in the face of tyranny and a blow for freedom. That’s needed as the animus is everywhere. Times have changed indeed when traditional Christian beliefs (and associated expression and determinations of association) are declared “offensive.” I find that offensive.
I suspect that the commision membership has changed since the underlying events of this case. The director is newer, innocent perhaps. Still, for the curious, one can find the current Colorado “Civil Rights” Commision, probably held up under a rock, maybe worshiping Moloch, in Suite 825, 1560 Broadway, Denver.