Posted by 17 June 2019
The Supreme Court once again delved into the conflict between religious liberty and anti-discrimination laws today. The justices issued an order overturning an Oregon court’s decision against two bakery owners whom the state fined because they refused to bake a wedding cake for a lesbian couple. The order said the state court should re-examine its decision in light of a Supreme Court decision last year that overturned a similar fine for a bakery in Colorado.
The case involves a bakery in a city outside of Portland, Oregon, whose owners refused to bake a wedding cake for a lesbian couple’s ceremony. They cited their religious faith as their reason for refusing. Oregon has a law prohibiting discrimination based on sexual orientation. The state used that law to fine the bakery’s owners $135,000. In 2017, the state Supreme Court upheld this fine, deciding that the bakers could not use their religion as a reason to refuse to comply with the state’s law.
Last year, the Supreme Court threw out a fine against a Colorado bakery under very similar circumstances. In the Masterpiece Cakeshop case, the high court held that hostility to religion animated the decision made by the Colorado agency in charge of administering its anti-discrimination law.
The order in the Oregon case said that the state court must reconsider its decision against the baker using the reasoning in the Masterpiece Cakeshop decision. This is not a full victory for the baker, however. Oregon Court of Appeals could decide that its original decision was correct and that the reasoning of the Masterpiece Cakeshop case does not apply. If that happens, the Supreme Court will likely be faced with this case again.
Do you think that business owners should be able to refuse service for situations they believe violate their religious beliefs? Or should anti-discrimination laws apply to everyone, regardless of someone’s religious beliefs?