The justices are considering whether to hear the case of a Christian baker who refused to bake for the wedding of a lesbian couple
IN RECENT years, the Supreme Court has made a habit of waving a gavel and turning blockbuster cases into duds. In the last year, two great reckonings—a pair of challenges to partisan gerrymandering and a tiff over a Colorado baker who refused to make a cake celebrating a gay wedding—were both defused with narrow rulings that steered around the heart of the disputes. The strategy of avoidance has its virtues: contentious questions continue to be asked, discussions advance.
with an artful dodge. Rather than address the fundamental conflict—anti-discrimination protections for gay people rubbing up against business owners’ First Amendment claims to run their shops in line with their conscience—seven justices found an escape route. The trouble with Colorado’s Civil Rights Commission wasn’t its decision to enforce the state’s public-accommodations law against the Christian baker who had turned away two men.
In 2013, Rachel Cryer and her mother walked into Sweetcakes By Melissa, a bakery in Gresham, Oregon. They wanted to order a custom wedding cake for Rachel and her fiancée, Laurel Bowman. But when Aaron Klein, the proprietor, heard the cake was for two women, according to the bakery’s, he “apologised and said that, because of their religious beliefs, he and his wife could not create a custom-designed cake for that purpose”.
The couple then complained to Oregon’s Bureau of Labour and Industries, which found that the Kleins had violated the state law requiring “full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of sexual orientation”. The fine was hefty—$135,000—and Sweetcakes soon went out of business.are familiar.
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