THE U.S. SUPREME COURT AVOIDS DROWNING THE LGBTQ COMMUNITY IN A FLOOD OF DISCRIMINATORY BEHAVIOR

The LGBTQ community’s long battle to legalize same-sex marriages finally ended on June 26, 2015 when the Supreme Court of the United States (SCOTUS) delivered its opinion in Obergefell v. Hodges, 576 U.S. 135 (2015). This seminal decision resulted in same-sex couples planning wedding ceremonies and receptions. In turn, Obergefell raised the issue of whether a cake baker could refuse to create a cake for a same-sex wedding based on the baker’s religious beliefs. Although this issue was recently addressed by SCOTUS in Masterpiece Cake Shop, LTD. v. Colorado Civil Rights Comm’n, 2018 U.S. LEXIS 3386 (2018) (Masterpiece), it was left largely unsettled. In Masterpiece, SCOTUS ruled in favor of Jack Phillips (Phillips), a Christian cake shop owner in Colorado who refused to create a wedding cake for a same-sex couple in 2012 because he claimed to do so violated his religious beliefs. This case presented two significant constitutional concerns to the Court,…

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