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June 14, 2018
Supreme Court considering taking same-sex wedding flowers case
Fresh from siding with a baker who declined to make a cake to celebrate the wedding of a same-sex couple, the Supreme Court met behind closed doors on Thursday to consider a similar case concerning a florist in Washington state who declined to make a floral arrangement for a customer’s same-sex wedding.
How the justices act on the petition in the case, called Arlene Flowers v. Washington, could offer hints about how quickly other such challenges pitting religious liberty versus LGBT rights return to the high court. If, for example, the justices vote to take up Arlene Flowers for next term, then they could reignite a raging debate that wasn’t resolved in the narrow opinion they issued last Monday.
In siding with the baker, Justice Anthony Kennedy, writing for a 7-2 majority, tailored his opinion to the specifics of the case at hand instead of issuing a broad ruling that could have impacted businesses across the country. Kennedy focused on the fact that the Colorado Civil Rights Commission had shown animus toward the baker’s religious beliefs during an early proceeding in the case.