Tag Archives: LGBTQ rights

Not a masterpiece, but a mess from Justice Kennedy

The U.S. Supreme Court today announced its long-anticipated opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (.pdf), in a 7-2 plurality decision by Justice Anthony Kennedy. Justice Kagan filed a concurring opinion, in which Justice Breyer joined. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

Justice Kennedy’s opinion, as he is wont to do in these type of cases, tried to satisfy both sides producing a narrow decision that, in practice, will only invite further litigation on the specifics of each case in the future. That is a dissatisfactory result for all.

Amy Howe of SCOTUSblog has the Opinion analysis: Court rules (narrowly) for baker in same-sex-wedding-cake case:

The Supreme Court ruled today in favor of Jack Phillips, a Colorado baker who refused to make a custom cake for a same-sex couple because he believed that doing so would violate his religious beliefs. This was one of the most anticipated decisions of the term, and it was relatively narrow: Although Phillips prevailed today, the opinion by Justice Anthony Kennedy rested largely on the majority’s conclusion that the Colorado administrative agency that ruled against Phillips treated him unfairly by being too hostile to his sincere religious beliefs. The opinion seemed to leave open the possibility that, in a future case, a service provider’s sincere religious beliefs might have to yield to the state’s interest in protecting the rights of same-sex couples, and the majority did not rule at all on one of the central arguments in the case – whether compelling Phillips to bake a cake for a same-sex couple would violate his right to freedom of speech.

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The Religious Right’s ‘blitz’ on American democracy

Last week Ireland, long a Roman Catholic country, held a vote to repeal a constitutional provision criminalizing abortion.  Ex-pat Irish citizens from around the world flew home to cast their votes. It wasn’t even close. Ireland votes overwhelmingly to overturn abortion ban:

The Irish have swept aside one of the most restrictive abortion bans in the developed world in a landslide vote that reflects Ireland’s emergence as a socially liberal country no longer obedient to Catholic dictates.

With all ballots counted and turnout at a near-historic high, election officials reported Saturday that 66.4 percent voted to overturn Ireland’s abortion prohibition and 33.6 percent opposed the measure.

The outcome of the referendum Friday was a decisive win for the campaign to repeal the Eighth Amendment to the Irish Constitution. The 1983 amendment enshrined an “equal right to life” for mothers and “the unborn” and outlawed almost all abortions — even in cases of rape, incest, fatal fetal abnormality or non-life-threatening risk to maternal health.

“What we have seen today is a culmination of a quiet revolution that has been taking place in Ireland for the past 10 or 20 years,” Prime Minister Leo Varadkar said.

The United States, however, is now moving in the exact opposite direction. Religious Right extremists have taken Margaret Atwood’s The Handmaid’s Tale not as a dystopian vision of a totalitarian Christian theonomy that has overthrown the United States government, but as a handbook on how to actually make it a reality.

In March, GOP-run Mississippi enacted the strictest abortion law in the nation, for the intended purpose of a legal challenge that may get in front of the U.S. Supreme Court to directly challenge Roe v. Wade (which permits abortions in the first 24 weeks). Mississippi gov signs nation’s toughest abortion restrictions:

Mississippi’s governor signed a law Monday banning most abortions after 15 weeks’ gestation, the tightest restrictions in the nation.

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The bill was drafted with the assistance of conservative groups including the Mississippi Center for Public Policy and the Alliance Defending Freedom [based in Scottsdale, Arizona].

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