You don't think Hobby Lobby indicates a different way of looking at these
things than maybe the Court in 1968 did?
I think Alito established, and got a majority behind, a hierarchical interpretation of where the line is drawn, such that racial discrimination is at the top of the heap and denying access to contraceptives sufficiently lower that it is permissible.
Where the cake falls on the hierarchy is unclear but I would guess the Justices who made up the majority in Hobby Lobby (with the addition of Gorsuch) will put it closer to the women denied contraceptives per Hobby Lobby's religious beliefs. I
think that the perceived legitimacy of the religious belief will come into play, too-- reading between the lines Bessenger's racist gospel in Piggy Park struck the justices as absurd and insupportable by scripture, but certainly the sacred texts of many major religions, including the Bible and the Koran, proscribe homosexuality.
I think the baker will win, but in any event it is a mistake to think that this is a "slam dunk" or an easy decision. Not with this Court.
|
(
In response to this post by Seattle .Hoo)
Posted: 12/08/2017 at 8:41PM