Wedding cakes and same-sex marriages are back before the Supreme Court: this time, justices are being asked to rule broadly that the 1st Amendment’s protection of the “free exercise” of religion shields conservative Christians from state civil rights laws.
including for a fetus with Down syndrome, has been considered at nine of the court’s weekly closed-door conferences, but the justices have not decided whether to hear the case or deny it . Similarly, the justices have repeatedly considered, but not acted on, appeals asking whether federal law does or does not prohibit job discrimination based on sexual orientation or transgender status .that would strictly regulate abortion clinics.
But Kennedy was the last of the justices to have signed on to Scalia’s 1990 opinion that had rejected the idea of legal exemptions based on religion. Then, the court’s conservatives were united in their view that Seventh-day Adventists, the Amish, Jehovah’s Witnesses and other members of religious minorities could not claim that their religious rights trumped generally applicable laws.
The case from Oregon began in 2013 when Rachel and Laurel Bowman-Cryer were preparing to marry. They had been together for nearly 10 years and were in the process of adopting two children with special needs. Rachel and her mother went to the Sweet Cakes shop. But when Aaron Klein learned the marriage would have two brides, he said they would not make a cake for them.
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