Answer to Question #274280 in Psychology for Jojo

Question

Read the New York Times article, “In Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple” (see the folder Recent Press Articles of Interest at the Student Resources link). Briefly summarize the case

Answer 1

The court's judgment was narrow, leaving unresolved the larger question of whether a company can discriminate against homosexual men and lesbians based on First Amendment rights. The court squandered an opportunity to either strengthen the right to same-sex marriage or explain how far the government can go in regulating religiously motivated companies. Instead, Justice Anthony M. Kennedy's majority opinion focused on the claim that the Colorado Civil Rights Commission, which had previously ruled against the baker, had been exposed as anti-religious due to the words of one of its members. At the same time, Justice Kennedy underlined the importance of homosexual rights protections.

"In the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market," he wrote, "the outcome of cases like this in other circumstances must await further elaboration in the courts." In cases involving serious social issues, Justice Kennedy frequently casts the deciding vote. Last June, when the court agreed to hear the Colorado case, he appeared to be forced to choose between two of his most important responsibilities. On the one hand, every significant Supreme Court judgment defending homosexual men and lesbians was written by Justice Kennedy. On the other hand, he is the most outspoken supporter of free speech on the court.