"This decision might as well be written on the dissolving paper sold in magic shops," Alito wrote. Alito wrote that Roberts' narrow reasoning will make the court's action temporary at best. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch agreed with the result of the case but did not sign onto Roberts' reasoning.Īlito, in a concurrence joined by Thomas and Gorsuch, panned the majority's decision not to question the Employment Division case. Roberts' opinion was joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett. That precedent provides leeway for states and cities to forbid discrimination in various contexts. Smith, which protects neutral and generally applicable laws that burden religion.
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LGBT rights supporters feared that the top court would use the case to strike down its 1990 precedent, known as Employment Division v. Notably, Roberts' opinion was more narrow than conservative activists were hoping for.
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"On the facts of this case, however, this interest cannot justify denying CSS an exception for its religious exercise," he wrote. "We do not doubt that this interest is a weighty one, for 'ur society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth,'" Roberts wrote, quoting the 2018 case Masterpiece Cakeshop v. Roberts acknowledged that the city had an interest in "the equal treatment of prospective foster parents and foster children." Smith from Orwellian diktat that regulates businesses based on the subjective experience of customers."Once properly narrowed, the City's asserted interests are insufficient," the George W. Supreme Court to hear her case after the 2-1 decision by the panel on the 10th Circuit this summer.Ĭhief Judge Timothy Tymkovich’s dissented in the ruling, saying, “The majority fails to protect Ms. “The court’s decision continues down a dangerous path of the government compelling artists to speak messages that violate their religious beliefs - or imposing steep fines, closing their businesses, or throwing them in jail,” said ADF Senior Counsel Jonathan Scruggs.ĪDF claims the same logic applied to Carpenter's rejection mirrors a result over a case in the Denver-based Court of Appeals for the 10th Circuit, in which a 2-1 decision by a panel ruled in July the government can compel a Colorado web designer, Lorie Smith, to work on projects over messages she disagrees with because she provides “custom and unique” expression services.ĬLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER "She raises no non-conclusory factual allegations that the laws were enacted with any kind of religious (or anti-religious) motivation.”Īlliance Defending Freedom, says it plans to appeal the ruling to the U.S. By only bringing an as-applied challenge, Plaintiff virtually concedes that the laws are facially neutral," the judge added. “New York’s public accommodation laws are neutral. NUMBER OF US ADULTS WHO IDENTIFY AS CHRISTIAN DROPS 12% IN 10 YEARS To Judge Frank Geraci Jr., appointed by former President Barack Obama. District Court for the Western District of New York ruled that the state has a "compelling interest" to ensure individuals without regard to sexual orientation are granted equal access to publicly available goods, ensuring the "accommodation clause is narrowly tailored, as applied to Plaintiff, to serve that interest,"
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"It's $100,000 fines, it's jail time, it's ultimately the closure of my business, and as an entrepreneur, that's extremely terrifying knowing that my livelihood could be stripped out from under me because I'm being forced to create a message that I disagree with," Carpenter added.Ī judge from the U.S. "Right now, I'm facing pretty severe threats from New York state, which are really scary,"Ĭarpenter in a short video regarding the case.
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13 ruling rejects a request by plaintiff Emilee Carpenter, whose upstate New York-based photography company asked the judge to grant a preliminary injunction against the state's anti-discrimination law. A federal judge in New York has ruled a photographer with religious objections to photographing same-sex weddings cannot deny services under the state's accommodations clause.