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SCOTUS Argument Against Gay Marriage

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In late 2012 a gay couple made up of Charlie Craig and David Mullins walked into Masterpiece Cake Shop in Lakewood Colorado with Craig’s mother and a binder of wedding ideas as well as an optimistic attitude. According to the couple when they walked in and asked the baker, Mr. Jack Phillips for a wedding cake following that he asked who it was for. The couple reported that after they said it was for them he denied them a cake because of his religious views which condemn same-sex marriage. The baker did add that he offered them anything else in his shop just not something that would make a “statement” against his beliefs. Now, because of this incident the 7 year anniversary from the time they met was spent in court on December 5th 2017. This …show more content…

Should a craftsmen be able to discriminate against a same sex couple if their faith condemns gay marriage? That is the topic of the debate. The case’s intricacy comes from the fact that ruling in favor of the baker could open the floodgates to many forms of discrimination against many different types of people if someone’s interpretation of the bible condemns that person’s race, sexual orientation, as well as many other characteristics that make humans unique. For that reason justices may change their opinion and vote for the gay couple, but another strong counter argument can be made there as well. The argument being that according to the First Amendment citizens of the United States are granted with freedom of religion and arguably when he denied the couple a wedding cake Jack Phillips was exercising his amendment protected religion. While 4 justices vote for the baker and four against him the deciding vote comes from the 84 year old judge, Justice Anthony McLeod

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Obergefell v. Hodges is most popularly referred to as the Supreme Court case for same-sex marriage. It is one of the many cases related to the topic of same-sex marriage being a constitutional right. In this specific case James Obergefell and John Arthur filed a lawsuit against the state of Ohio to allow the state to recognize their marriage on death certificates. Obergefell and Arthur were married on the tarmac of the Baltimore-Washington International Airport in Maryland by Arthur’s aunt, Paulette Roberts, on July 11, 2013. Sadly, Arthur died from amyotrophic lateral sclerosis (ALS) just months into their marriage on October 22, 2013.

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The RFRA prohibits the government from substantially burdening religious free exercise unless it must do so to further a compelling government interest. Hobby Lobby vs. Burwell referenced RFRA, as the corporation believed that the health-insurance coverage they were mandated to provide to their employers violated “their sincerely held religious beliefs.” (Hobby Lobby, 1). Hobby Lobby is a family-owned corporation that believes that providing contraception is morally wrong. Similarly, Bridges, the sole owner of the Paradise Found corporation, subscribes to a religion of which a primary tenet is that polygynous marriage, specifically marriage of one man to multiple women, is a mechanism of expressing strongly held religious convictions.

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In the majority opinion written on the Obergefell et al. v. Hodges Supreme Court case on June 26, 2015, the court decided that states were required to issue marriage licenses to same-sex couples as well as recognize such licenses from other states on the basis of the Fourteenth Amendment. This decision held wide ramifications for policy implementation throughout the nation, especially in those states that had not already legalized same-sex marriage. This unilateral action by the federal government created a complicated responsibility for state and local governments to integrate the broad new legal proceedings effectively. The problems that arise in the local governments following such federal decisions challenge the nation’s federalist system,

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Colorado Civil Rights Commission” by Michael Eisenstadt explains Masterpiece Cakeshop v. Colorado Civil Rights Commission was decided on the narrow ground that the Colorado Civil Rights Commission violated the First Amendment’s Free Exercise Clause (Eisenstadt, 2020). The Supreme Court ruled in favor of Phillips in a 7-2 decision that created a lot of controversy between the religious community and the LGBTQ+ community. This decision failed to answer a cardinal question of constitutional law, whether or not the First Amendment’s Free Speech Clause could undermine nondiscrimination law (Eisenstadt, 2020). This means that the case did not establish whether the Free Speech Clause of the First Amendment could affect the anti-discrimination laws negatively. The Masterpiece Cakeshop v. Colorado Civil Rights Commission is still considered discrimination against the LGBTQ+ community and has people questioning the balance of religion in society and what is at cost.

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That he shouldn’t be forced to make it for anyone he doesn’t want to. David Mullins and Charlie Craigs were denied a wedding cake, saying Phillips was discriminating against them because they are gay. As an ongoing case the question remains on the court's ruling, and why they should rule a certain way. The court should rule in favor of Colorado Civil Rights Commission. Colorado has Civil Rights Laws which prohibits discrimination against individuals on the basis of of sexual orientation and marriage.

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In “How Not to Advance Gay Marriage” David Brooks analyzes a situation where a gay couple, Charlie Craig and David Mullins, was denied service for a wedding cake at a bakery, while showing “two possible courses of action, the neighborly and the legal,” to convey the result of each action. While showing pros and cons of both neighborly and legal courses, Brooks juxtaposed between them explaining how “The neighborly course would have been to use this situation as a community-building moment” and how the Legal course “was to take the problem out of the neighborhood and throw it into the court system”. Brooks makes this differential in order to prove to American that they use the legal course of action too much and to show how it is the reason

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It provides an example of how certain rights should be exemplified, and it shows which rights are the most important and concerning. Today, this court case has inspired people to have the freedom to choose any marriage partner that they love. This translates over into the right for gay people to

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The federal judge in San Antonio, Texas, “ruled that Texas ' ban on same-sex marriage violates the U.S. Constitution and demeans the dignity of gay couples "for no legitimate reason." Judge Orlando Garcia then granted two plaintiff couples ' request for an injunction barring the state from enforcing the ban.” (Keen 1) One of the couples sought to be married in Texas while the other couple had already been married in Massachusetts, but desired to be recognized by the state of Texas. In Garcia’s ruling, he states that, “the Texas bans violate the guarantees of due process and equal protection of the U.S. Constitution.”

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In 2015, the Obergefell v. Hodges case ended the “state bans on same-sex marriage”, therefore legalizing same-sex marriage (Important Supreme Court Cases). Now, “same-sex couples can now receive the benefits...of marriage that were largely exclusive to heterosexual couples” (Koch). The ruling has led to the modern fight for gay civil rights. Exposure to the LGBTQ+ community, the southern “Bathroom Bills”, and other fights for transgender rights, and the press for more LGBTQ+ representation in the media has erupted from this case. Both rulings had very big impacts on their respective communities.

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