At the Supreme Court, the conservative majority seems to have a new mantra that half way is no way.
From the beginning of oral arguments on Monday, it appeared the Supreme Court’s conservatives had come to the bench with their minds set. They sidestepped the lack of clear facts in the case, brushed off worst-case consequences and diminished past rulings that would seem to disfavor a Colorado website designer who has refused to serve same-sex couples. Justice Samuel Alito was even prepared to invoke lines from Obergefell v.
But the decision was based on specific facts tied to anti-religious bias voiced by individual commissioners. In that controversy over the Masterpiece Cakeshop, the Supreme Court declined to decide whether a business has a First Amendment free exercise right or speech right, based on personal beliefs, to discriminate against a same-sex couple. In Monday’s chapter, the justices took up whether website designer Smith has a free-speech right to create a wedding website for same-sex couples.
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