Tuesday, June 5, 2018

The Masterpiece Cake Decision by Daphne Yvonne Bradshaw


     Let me begin with stating I am not a lawyer.
     Concerning the Masterpiece Cakeshop, Ltd. V. Colorado Civil rights case decided narrowly by the USA Supreme Court yesterday, I want to defer to Laurence Tribe’s Twitter thread yesterday here [link].
     The decision is considered a narrow one due to the ruling addresses protecting all with a neutral, non-hostile justice – all equal before the law and a balance of rights & obligations: “… both the bakers' rights to free expression AND the couple's right to dignity must be protected. The Court did not issue a decision on whether a bakery (or any other business open to the public) can refuse service to anyone based upon their beliefs.” [from Laurence Tribe’s thread linked above]
     The reason it is called a narrow decision is because the ruling addresses only this aspect of the case and does not apply broadly to other cases. The Court did not address the bigger issues here. So, those issues will get a new trial. Narrow in this instance refers to the narrow focus on the procedural technicalities and has nothing to do with vote count.
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