The Colorado baker who chose not to be involved in providing services for a ceremony that violated his religious beliefs prevailed in the recent Masterpiece Cakeshop v. Colorado Civil Rights Commission decision at the Supreme Court. The vote was 7-2, and the result was much closer than the score indicates.
How can a 7-2 Supreme Court decision be narrow? If I had a nickel for every social media post along those lines in the past few days, I could cover this blog’s expenses for a good long while. I’m even hearing the question from people who should know better.
It wasn’t the vote that was narrow. It was the decision. The point on which the seven Justices agreed was that the baker hadn’t gotten a fair shake from the Civil Rights Commission. That’s it. That’s enough for now, to be sure, but the narrowness of the decision is fair warning that this was not a First Amendment landmark.
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