Religion Law Quiz #27 (Why Didn't the Supreme Court Reconcile Two Principles?)

Religion Law Quiz #25 noted the two big issues with which the Supreme Court was faced to reconcile in Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm'n, but ultimately the Court did not do the reconciliation of those principles.  Why was that? 

 

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The reason is because the Court found that the Colorado Civil Rights Commission had not been religiously neutral in its determination.  Indeed, a review of the Masterpiece decision cites various examples of commissioner hostility to baker Jack Phillips.  The majority opinion further stated:

 

Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission's consideration of this case was inconsistent with the State's obligation of religious neutrality. The reason and motive for the baker's refusal were based on his sincere religious beliefs and convictions. The Court's precedents make clear that the baker, in his capacity as the owner of a business serving the public, might have his right to the free exercise of religion limited by generally applicable laws. Still, the delicate question of when the free exercise of his religion must yield to an otherwise valid exercise of state power needed to be determined in an adjudication in which religious hostility on the part of the State itself would not be a factor in the balance the State sought to reach. That requirement, however, was not met here. When the Colorado Civil Rights Commission considered this case, it did not do so with the religious neutrality that the Constitution requires.

 

Masterpiece Cakeshop, Ltd. v. Colorado C.R. Comm'n, 201 L. Ed. 2d 35, 138 S. Ct. 1719, 1723–24 (2018)

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.