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University of Georgia

Robust decision rules in favor of baker’s right not to bake cake

4-Jun-2018 1:05 PM EDT, by University of Georgia

Robust decision rules in favor of baker’s right not to bake cake

The U.S. Supreme Court has released its opinion in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, ruling for a Colorado baker who refused on religious grounds to make a custom wedding cake for a same-sex couple.

Hillel Y. Levin, University of Georgia School of Law professor who specializes in church/state issues, constitutional law and judicial process, and statutory interpretation, said:

“In the highly anticipated Masterpiece Cakeshop case, the Supreme Court held in favor of the baker’s right not to bake a cake for a same-sex wedding. Specifically, the majority held that Colorado’s handling of the case showed evidence of bias against religion and religious beliefs, which violates the Constitution’s Free Exercise Clause. The court’s decision appears robust because it was supported by seven of the justices, avoiding the kind of narrow conservative-versus-liberal split that often characterizes its opinions in sensitive and controversial areas. However, the decision is a narrow, highly fact-specific one that does not offer clear guidance for future cases that are sure to arise. The court, as it often does, sacrificed clarity for consensus.”

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