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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court throws out case against florist who refused to do arrangement for gay wedding
The Supreme Court on Monday threw out a lower court ruling which found a Washington florist had intentionally discriminated against a same-sex couple for refusing to make flower arrangements for their wedding.
The justices vacated the ruling and sent the case back down to the lower court in light of their decision earlier this month in favor of a Colorado baker's refusal to bake a wedding cake for a same-sex marriage.
This florist's case, known as Arlene's Flowers Inc. v. Washington, mirrors that Colorado case in which the baker argued his cakes are an artistic expression of speech and religion that are protected by the First Amendment.
The court sided with the baker on narrow grounds, ruling that he had been treated unfairly by the Colorado Civil Rights Commission when it first heard the case.
https://www.google.com/amp/thehill.com/regulation/court-battles/393922-supreme-court-throws-out-case-against-florist-who-refused-to-do%3famp
yallerdawg
(16,104 posts)McConnell fucked us real good!
RandySF
(59,813 posts)SharonClark
(10,014 posts)Cha
(298,087 posts)Cha
(298,087 posts)spooky3
(34,531 posts)So were headlines elsewhere. The case has been returned to the lower court for reconsideration. If that court finds there was no clear anti-religious bias in process, for example, then wouldnt the ruling outcome stand?
DFW
(54,515 posts)SCOTUS didn't want to be seen repealing their recent decision about the Colorado bakery, so they just said that the Seattle case should be re-considered, and if the ruling is the same as before, then so be it.
former9thward
(32,165 posts)If the ruling was the same it would be appealed back to the SC. When the SC sends a case back to a lower court for reconsideration they generally don't expect the same ruling.
Princess Turandot
(4,791 posts)The last two paragraphs:
In this case the adjudication concerned a context that may well be different going forward in the respects noted above. However later cases raising these or similar concerns are resolved in the future, for these reasons the rulings of the Commission and of the state court that enforced the Commissions order must be invalidated.
The outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.
From SCOTUSblog today:
...The justices put Stutzmans (the florist) appeal on hold until they ruled on the Masterpiece decision, and today they sent her case back to the lower courts so that (as in Masterpiece) they can consider Stutzmans assertion that she too was the victim of religious hostility. The order means that Stutzman will have another chance to fight the lower courts ruling, which levied fees and penalties on Stutzman and ordered her to provide the same services to same-sex couples that she provides to opposite-sex couples. The justices will almost certainly have to tackle the question presented by Stutzmans case soon, but they apparently do not intend to do it next fall.
lark
(23,199 posts)Putin & drumpf are so happy today, their ringer gorsuch came through for them again.
RKP5637
(67,112 posts)RandySF
(59,813 posts)But certain progressives who decided there was no difference between Trump and Hillary.
RKP5637
(67,112 posts)the First Amendment? I guess. Is a precedent now being set for discrimination. Can all minorities now be discriminated against?
jmowreader
(50,601 posts)Elect me president and give me enough Democrats to do anything, and sexual orientation will become a federally protected class. If the GOP complains, Christianity will be removed from the list of federally protected classes on grounds theyre old enough to be able to take care of themselves.
RKP5637
(67,112 posts)Crash2Parties
(6,017 posts)The two tend to leapfrog each other in court as both suffer the same discrimination for not conforming to Good Christian gender binary norms.
RKP5637
(67,112 posts)wrap it in religion and artistic expression.
choie
(4,112 posts)Shouldn't have any problem with the Red Hen refusing to serve Hucksterbee Sanders.
former9thward
(32,165 posts)If the restaurant was in D.C. it would be a different matter because D.C. has a law not allowing discrimination for political reasons.
onenote
(42,854 posts)DC Human Rights Law bars discrimination based on "political affiliation", not political positions. If the restaurant could show, as I'm certain that it could, that it regularly and routinely serves individuals who are members of, or endorse, the Republican Party, the restaurant would have a pretty solid defense against any claim that the reason they denied service to Sanders was merely because she is a Republican.
former9thward
(32,165 posts)Given the facts the restaurant would have to do back flips in court to avoid conviction. No restaurant manager in their right mind would go through that.
onenote
(42,854 posts)It wouldn't be that hard a fight to win. The definition of 'political affiliation' in the law is clear: "the state of belonging to or endorsing any political party." Given that numerous Republicans had spoken out against the Trump immigration policy, it is clear that the issue was one of policy, not affiliation.
spooky3
(34,531 posts)Of behavior, eg, consistently lying to the public? Or that her presence upsets the employees or other customers?
It seems to me (a layperson not familiar with the cases etc) that, given that restaurateurs can deny me service on bases like no shoes, no shirtno service, or even that I wasnt conforming to their jackets required dress code, they have a lot of freedom to exclude customers on other groundsas long as they are not discriminating on the bases of grounds spelled out specifically in statutes, such as race?
former9thward
(32,165 posts)Witnesses and evidence are not free. It would cost them 2 or 3 years of profits to present a case like that. Real life court are not the internet discussion boards.
spooky3
(34,531 posts)Argument.
former9thward
(32,165 posts)spooky3
(34,531 posts)boston bean
(36,225 posts)You religious beliefs prevent you from serving her your artistic cheese spreads.
bucolic_frolic
(43,511 posts)I have moral objections to
everything Republican
unmufflered throaty engines
local taxes
income taxes
doctor's bills
wine without flavor
etc
etc
etc
If everyone starts objecting at everything on religious grounds, the world will come to a stop
This is the logical playout of the Hyde amendment. "I object, therefore you cannot use my tax dollars for ...."
Vinca
(50,334 posts)No cheeseburger for you.