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Prof. Catherine Hardee comments on US Supreme Court's ruling in same-sex wedding cake case

Wedding Cake

The U.S. Supreme Court has set aside a Colorado court ruling against a baker who wouldn't make a wedding cake for a same-sex couple. But the court did not decide on a significant issue in the case - whether a business can refuse to serve gay and lesbian people.

The San Francisco Chronicle reported that while seven of the nine justices said Colorado's Civil Rights Commission had violated the baker's right to a fair and neutral assessment of his objections in ruling against him the court did not define the boundaries between freedom from anti-gay discrimination and the First Amendment freedoms of religion or speech.

Commenting on the decision, California Western School of Law's Professor Catherine Hardee told the Chronicle that the court's multiple opinions in the case indicate that most of the justices believe laws against discrimination "are proper even when an individual or a business disagrees with them."

For example, despite ruling in favor of the Colorado baker, Justice Anthony Kennedy closed his majority opinion by declaring that such disputes must be resolved "without subjecting gay persons to indignities when they seek goods and services in an open market."

The only apparent dissenters, Hardee said, are Justices Neil Gorsuch, Samuel Alito and Clarence Thomas.

Read the full report here: https://www.sfchronicle.com/nation/article/Court-s-decision-leaves-gay-lesbian-rights-vs-12967075.php