The Associated Press reports:
Supreme Court Justice Anthony Kennedy is suggesting skepticism of the arguments of a Colorado baker who defended his refusal to make a wedding cake for a same-sex couple by citing the First Amendment’s free speech clause.
During the first half of oral argument in the case Tuesday, the justices questioned Kristen K. Waggoner, an attorney for Colorado baker Jack Phillips, and Solicitor General Noel J. Francisco, who was arguing on behalf of the government in support of Phillips.
Kennedy, who has been a key vote in gay rights, cases began a question for Francisco by saying “the problem for you” and then followed with a question about the First Amendment. He asked whether, if Philips wins the case, he could put a sign in his shop window saying he doesn’t bake cakes for same-sex weddings.
Wow. pic.twitter.com/1LlN7NPhao
— Joshua Block (@JoshACLU) December 5, 2017
What is Alito talking about? Don’t cake artists serve food in fine-dining establishments? pic.twitter.com/gxYrZaXxyI
— Joshua Block (@JoshACLU) December 5, 2017
Just got out of arguments in Masterpiece Cakeshop. I think the anti-gay baker wins 5-4.
— Mark Joseph Stern (@mjs_DC) December 5, 2017
Kennedy doesn’t seem to agree that refusing to serve a same-sex wedding is inherently anti-gay discrimination. And he said Colorado has been “neither tolerant nor respectful” to the baker’s “religious beliefs.”
— Mark Joseph Stern (@mjs_DC) December 5, 2017
Leaving SCOTUS now. Terrible argument for pro-equality side. Kennedy all but sure to side with anti-gay baker.
— Ian Millhiser (@imillhiser) December 5, 2017
Masterpiece Cakeshop owner Jack Phillips and council Kristin Waggoner speak following oral arguments at the #SCOTUS. @KKTV11News @KKCO11News pic.twitter.com/I7Cjkn3huz
— Peter Zampa (@PeterZampa) December 5, 2017
Jack Phillips, the defendant from Masterpiece Cakeshop, tearfully talks about the legal battle that's brought him to these steps today. He says he thinks of his cake as a canvas and shouldn't be compelled by gov to bake for a cause he doesn't support (gay marriage) pic.twitter.com/zZ9WIXDmyo
— Meridith McGraw (@meridithmcgraw) December 5, 2017
Gay wedding cake argument over. Pivotal vote Justice Kennedy sympathetic to plight of LGBT community facing discrimination but harshly criticizes perceived anti-religion bias of Colorado civil rights panel that ruled against baker
— Lawrence Hurley (@lawrencehurley) December 5, 2017
It was an honor to speak on behalf of religious freedom and Masterpiece Cake Shop’s Jack Phillips this morning at the #SCOTUS #JusticeforJack rally. https://t.co/QUf7qyysLh pic.twitter.com/d5LDWvCAsS
— Rep. Vicky Hartzler (@RepHartzler) December 5, 2017
Who's really behind that baker in Colorado? These guys. https://t.co/nD3QKE2Op2
— naomi gordon-loebl (@naomigloebl) December 5, 2017