Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented, contending that principles of anti-discrimination required ruling against Phillips. Moreover, the state law at the time afforded storekeepers some latitude to decline creating specific messages they considered offensive, and the Colorado commission had previously allowed three different bakers to refuse to put an anti-gay message on a cake. Justice Clarence Thomas' opinion, joined by Gorsuch, was the only one that addressed Phillips' free speech claim, arguing that cake decorating is expressive and protected from government restriction under the First Amendment. As he put it last December, "It is hard for me to believe the government is forcing me to choose between providing for my family Colorado, like most states, has a state anti-discrimination law for businesses that are open to the public.
The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies. Drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination, the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. The discussion on immigration rights also tackles the important question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process currently underway. After Monday's decision, Yale law professor Robert Post said he was "looking forward to the question of whether the court applies the same sort of reasoning to the Muslim ban case, that is to say, whether statements which are discriminatory in their purpose infect the whole record of decision-making. The case began when a same-sex couple in Colorado — Charlie Craig and Dave Mullins — filed a complaint with the state civil-rights commission after baker Jack Phillips told them that he did not design custom cakes for gay couples. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented, contending that principles of anti-discrimination required ruling against Phillips. They argued that as the Colorado commission had previously allowed bakers to refuse to decorate cakes with anti-gay designs, the commission's decision to rule against Phillips was inherently inconsistent and discriminated against some religious groups. David Cortman, senior counsel for the Alliance Defending Freedom, called the case "a significant win for religious freedom. But the 7-to-2 decision was on the narrowest of grounds and left unresolved whether business owners have a free speech right to refuse to sell goods and services to same-sex couples. Kennedy said it is "unexceptional" that Colorado law "can protect gay persons in acquiring products and services on the same terms and conditions that are offered to other members of the public," but at the same time, "the law must be applied in a manner that is neutral toward religion. We just think you have to provide these services for same-sex weddings. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners. The Community institutions currently framing legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. Justice Clarence Thomas' opinion, joined by Gorsuch, was the only one that addressed Phillips' free speech claim, arguing that cake decorating is expressive and protected from government restriction under the First Amendment. As he put it last December, "It is hard for me to believe the government is forcing me to choose between providing for my family In Contentious Supreme Court Case, A Cornucopia Of Sugar-Coated Confections Liberal justices Elena Kagan and Stephen Breyer wrote separately to say that bakers may refuse to make a cake with a message they find offensive, so long as they would refuse the same message to any customer. The offensive remarks of a single commission member, they said, did not taint the proceedings, which were reviewed by two courts afterward. But Justice Anthony Kennedy, writing for the court majority on Monday, threaded the needle far more narrowly. The book challenges this assumption. Twenty-one states, including Colorado, have laws that bar discrimination based on sexual orientation, in addition to barring discrimination based on race, religion and gender. Existing Community law guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on registered partnerships and recognition of cohabitation. He closed by saying that "the outcome of cases like this in other circumstances must await further elaboration in the courts, all 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. Supreme Court ruled Monday in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple. It also considers the possible justifications for marriage-only immigration policies and concludes that although possible, such justifications are far from certain to succeed in the ECJ. Phillips appealed to the U. Moreover, the state law at the time afforded storekeepers some latitude to decline creating specific messages they considered offensive, and the Colorado commission had previously allowed three different bakers to refuse to put an anti-gay message on a cake. As Washington University law professor Elizabeth Sepper put it, "The decision from the court is a punt, but it could have been dynamite instead of a dud.
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