The court may have ducked whether a religious baker has a First Amendment right to refuse to craft a custom cake for a same sex wedding. It did not shrink, though, from the question of whether Colorado provided the hapless Christian a fair hearing.
The court concluded that Colorado failed. Colorado, the justices asserted, owed the baker, Jack Phillips of Masterpiece Cakeshop, “an adjudication in which religious hostility on the part of the State itself would not be a factor.” Yet, the justices determined, “When the Colorado Civil Rights Commission considered this case, it did not do so with the religious neutrality that the Constitution requires.” . . .
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