Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, June 10, 2017

Cake Shops and Gay Marriage

From USA Today:

WASHINGTON -- It's been nearly two years since the Supreme Court said gay and lesbian couples have the right to marry. What it didn't say was whether bakers, florists, printers and photographers could be forced to participate.

Now, it seems, the court may be tied in knots over the more mundane aspects of tying the knot.

For three months, through a dozen private conferences, the justices have had on their agenda the mysterious case of Jack Phillips, cake artist. The Colorado baker, owner of Masterpiece Cakeshop, refuses to perform his artistry for same-sex couples on religious grounds. For that, he has lost a series of challenges and has taken his case to the highest court in the land.

The justices could agree to hear him out. They could take a pass, as they did with a similar challenge from a New Mexico photography studio in 2014, when same-sex marriage was limited to some states. Or they could wait for new developments -- another case, perhaps, or even another justice. To date, they've kept mum.

“We’re in uncharted territory, and we just have to see how it plays out,” says Jeremy Tedesco, Phillips' lead counsel at the conservative Alliance Defending Freedom, which specializes in religious liberty issues. The delay, he says, "shows that the case is being taken seriously.”

Read more here.

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