3 Reasons Why Even The Narrow Masterpiece Cakeshop Decision is Bad

The Supreme Court’s decision in Masterpiece Cakeshop has to be described as narrow. It answered none of the major doctrinal questions raised by the baker’s claims. Justice Kennedy did not say whether baking a cake is constitutionally-protected expression. He did not discuss whether public accommodations laws are unconstitutional violations of the First Amendment’s guarantee of the free exercise of religion. He declined to generalize about how to address a potential conflict between the freedom of religion and equal protection. Instead, he wrote an opinion about how the procedure followed in this case was faulty.

Still, even this narrow decision, which has limited direct precedential value, is dangerous for three reasons.

RELATED: Gays Can’t Have Their Cake, SCOTUS Rules: ANALYSIS

First, at the end of the day, two queer men, Charlie Craig and Dave Mullens, had to suffer the indignity of being denied service just because they are gay. That the Supreme Court denied them vindication (for now) cannot be lost in the fact that the Court didn’t make any awful doctrinal conclusions. These two men were victims of discrimination in a personal and direct way, an experience that has been shown to have negative psychological effects. But even if it didn’t, even if Charlie and Dave are strong enough to recover and move on, no one should have their identities turned against them.

Second, the decision will have two unfortunate effects unfold over the next few years. First, there may be a chilling effect among queer people who want to get married. Many media outlets are reporting on this case with clickbait headlines that cause anxiety and misunderstanding among readers. Many just know that the Court sided with the anti-gay baker and allowed him to deny service to a gay couple. This result, and the uncertainty associated with the opinion’s narrow reasoning, will caused confused queer people to shy away from pressing their rights, not knowing what they can and cannot do. On the other side of the ledger, this decision is an invitation to homophobic litigation. Masterpiece did not answer the underlying question of whether equality legislation trumps the free exercise of bigotry. But allowing the Christian baker to deny service to gays in this case is going to encourage the religious right to press the case, to encourage Christian business owners to continue denying service to queer people, until they can take another, cleaner case back to the Supreme Court.

Third, the opinion includes troubling conclusions. As we discussed yesterday, the Court found that statements from Commissioners sitting on the Colorado Civil Rights Commission evidenced so much anti-religious bias that they denied the Christian baker a fair, impartial hearing. But those statements don’t really evidence bias. Here was the most offending statement:

I would also like to reiterate what we said in the hearing or the last meeting. Freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the Holocaust, whether it be—I mean, we—we can list hundreds of situations where freedom of religion has been used to justify discrimination. And to me it is one of the most despicable pieces of rhetoric that people can use to—to use their religion to hurt others.

In reaction to this, the Court said, “To describe a man’s faith as ‘one of the most despicable pieces of rhetoric that people can use’ is to disparage his religion in at least two distinct ways: by describing it as despicable, and also by characterizing it as merely rhetorical—something insubstantial and even insincere.”

But that is not at all what the Commissioner did. His comment called out using religion as a pretext for discrimination. And besides, the Commissioner is one hundred percent correct. Christianity justified the Holocaust. Religion was used to justify slavery. Religion was used to justify Jim Crow, apartheid, and laws against interracial marriage.

ALSO: SCOTUS Rules 7-2 for Anti-Gay Baker in Masterpiece Cakeshop Case

This raises an important question. If saying something true, yet critical about religion as an institution is an example of expressing hostility toward religion, then is every comment critical of religion evidence of bias? Are we never allowed to say anything negative about the harms that can be wrought by fundamentalism? It’s now hard to imagine the forces of equality getting a fair hearing if no one can say anything negative about the forces of bigotry when they use religion to justify their hatred.

Granted, Masterpiece Cakeshop is neither a huge triumph for bigotry nor a devastating loss for equality. But it is not harmless. It allowed bigotry to win today and may have several dangerous effects.

The post 3 Reasons Why Even The Narrow Masterpiece Cakeshop Decision is Bad appeared first on Towleroad.

3 Reasons Why Even The Narrow Masterpiece Cakeshop Decision is Bad

#AM_Equality Tipsheet: June 5, 2018

SCOTUS RULING IN MASTERPIECE DOES NOT CHANGE NATION’S CIVIL RIGHTS LAWS, AFFIRMS LGBTQ PEOPLE HAVE RIGHT TO LIVE FREE FROM DISCRIMINATION: HRC released the following statement yesterday after the decision by the Supreme Court of the United States in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case involving a baker who in 2012 refused to provide a wedding cake for a same-sex couple. “In today’s narrow ruling against the Colorado Civil Rights Commission, the Supreme Court acknowledged that LGBTQ people are equal and have a right to live free from the indignity of discrimination,” said HRC President Chad Griffin (@ChadHGriffin). “Anti-LGBTQ extremists did not win the sweeping ‘license to discriminate’ they have been hoping for — and today’s ruling does not change our nation’s longstanding civil rights laws. Yet, the fact remains that LGBTQ people face alarming levels of discrimination all across the country and HRC’s efforts to advance equality are as urgent as ever. With LGBTQ people at risk of being fired, evicted or denied services in 31 states, HRC continues to build momentum for the Equality Act, to elect pro-equality candidates up and down the ballot, and fighting in every corner of our country to advance policies that protect LGBTQ people from being targeted for who they are or whom they love.”

• The court ruled that Colorado’s enforcement of its civil rights law was flawed, while reaffirming that LGBTQ Americans should not face discrimination in the provision of goods and services and state law may continue to prohibit such discrimination. More from HRC and USA Today.
• Major national corporations, including Airbnb and Salesforce, spoke out to affirm that businesses should be #OpenToAll. Both companies joined a HRC-led amicus brief signed by dozens of major corporations in the case.
• Reminder: Six in 10 Americans oppose this kind of discrimination. More from The Washington Post.

TUESDAY TWEET — THE ACLU BREAKS DOWN THE MASTERPIECE DECISION:

Must read thread from @ACLU on the Supreme Court decision in #MasterpieceCakeshop. Businesses should be #OpenToAll! t.co/0MnzDCzKRF

— Human Rights Campaign (@HRC) June 4, 2018

HRC PRESIDENT ON THE GROUND IN WISCONSIN CAMPAIGNING FOR SENATOR TAMMY BALDWIN (D-WI): HRC President Chad Griffin kicked off HRC’s nationwide Summer of Action with a weekend event supporting Senator Baldwin, lauding her as “one of the hardest-working United States Senators today.” The Summer of Action is anchored by more than 500 local events in all fifty states, Puerto Rico and the District of Columbia. In the lead up to the midterm elections, HRC has identified more than 52 million “Equality Voters” — voters who support LGBTQ-inclusive policies including marriage equality, equitable family law, and laws that would prohibit discrimination on the basis of sexual orientation and gender identity. More from INTO.

PETITION TO THE SUPREME COURT IN SEXUAL ORIENTATION DISCRIMINATION CASE: The company in the case Zarda v. Altitude Express is petitioning the Supreme Court of the United States to overturn a ruling from the United States Court of Appeals for the Second Circuit, en banc, that sexual orientation discrimination is a form of sex discrimination protected under Title VII of the Civil Rights Act of 1964. The decision is consistent with other lower courts. The case involves a man who was allegedly fired for being gay. The Trump-Pence Department of Justice filed an amicus brief in the case — a blatant effort to undermine the growing legal consensus that LGBTQ people are protected from discrimination under Title VII. More from Advocate.

SEC. OF EDUCATION BETSY DEVOS — THE IMAGES OF THE STUDENTS YOU FAIL HANG IN YOUR HALLS: An art exhibit at the U.S. Department of Education features youth of color, LGBTQ youth and other marginalized young people. The irony is inescapable – the policies pushed by DeVos since the day she took office have targeted these youth. More from The Washington Post.

VERMONT REPORT FINDS BULLYING, SMOKING DOWN FOR YOUTH: The report, however, noted the disparities for LGBTQ students and students of color, who experience bullying at higher rates. More from WNYT.

YOU ABSOLUTELY MUST CHECK OUT RYAN MURPHY’S GROUNDBREAKING NEW SHOW “POSE”: More from Entertainment Weekly and NBC.

The number of transgender actors in the cast of #PoseFX may have made history, but it’s the humanity of the stories they tell that is truly revolutionary. t.co/4oVh4gWAU1

— Entertainment Weekly (@EW) June 3, 2018

PRIDE MONTH ROUNDUP

TAYLOR SWIFT SENDS LOVE TO LGBTQ FANS AT CHICAGO CONCERT: “And so this month and every month I want to send my love and respect to everybody who has been brave enough to be honest about how they feel, to live their lives as they are, as they feel they should be, as they identify. And this is a month where I think we need to celebrate how far we’ve come, but I think we also need to acknowledge how far we still have left to go.” More from Rolling Stone.

Taylor Swift just gave the most beautiful dedication to her LGBT fans at her Chicago concert on Saturday night, in celebration of Gay Pride Month. We stan so hard!! t.co/82I3obEw21 pic.twitter.com/CRid6LOFGc

— Perez (@ThePerezHilton) June 3, 2018

• NJ Gov. Phil Murphy pledges to make state a “beacon of inclusion and model of diversity.” More from Asbury Park Press.
• Judy and Dennis Shepard will be the grand marshals of the DC Pride Parade. More from Washington Blade.
• Estimated 100,000 attend Salt Lake City Pride parade. More from Deseret News.
• Hundreds of thousands attend Sao Paulo Pride parade. More from CBS.
• HRC’s Sarah McBride (@SarahEMcBride) was in Boston to defend transgender equality in the Commonwealth.

Up in Massachusetts on behalf of @HRC with @bostonpride and @Freedom_Mass to help defend transgender equality in the Commonwealth ahead of this November’s referendum. MA residents: vote YES this November to preserve protections for transgender people! pic.twitter.com/AzRdghaA3B

— Sarah McBride (@SarahEMcBride) June 5, 2018

GLOBAL EQUALITY NEWS

PRESIDENT OF GERMANY APOLOGIZES TO LGBTQ COMMUNITY FOR COUNTRY’S HISTORY OF DISCRIMINATION: Frank-Walter Steinmeier noted specifically the connection between the country’s anti-LGBTQ discrimination and the Hitler regime. More from The Associated Press.

TORONTO LGBTQ COMMUNITY MOURNS LIVES LOST TO ANTI-LGBTQ VIOLENCE: More from CBC.

HRC CELEBRA INCLUSIÓN LGBTQ EN CIUDAD DE MÉXICO: La Fundación HRC otorgó un reconocimiento al Museo Memoria y Tolerancia por su creciente compromiso por una mayor inclusión LGBTQ y su primera exposición de temática LGBTQ en México. Más de EnlaceJudío.

READING RAINBOW – Bookmark now to read on your lunch break!

DW speaks to Russian LGBTQ advocates in advance of the World Cup; THEM teams up with Nyle DiMarco (@NyleDiMarco) and Chella Man (@chellamanart) to teach LGBTQ vocabulary in ASL; HRC joins San Juan’s pride festival while helping rebuilding efforts

After spending weeks in Puerto Rico to support ongoing rebuilding efforts for LGBTQ people who are still suffering from the effects of Hurricane María, @HRC staff are taking the day to celebrate #PRIDE in San Juan. ��️‍������t.co/sBSIOupwD9 pic.twitter.com/FGTxvcUJY8

— Human Rights Campaign (@HRC) June 4, 2018

Have news? Send us your news and tips at [email protected]. Click here to subscribe to #AM_Equality and follow @HRC for all the latest news. Thanks for reading!

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Blockchain with Pride: LGBT Foundation and OST Announce Partnership to Launch Global LGBT+ Ecosystem

June 5, 2018, Hong Kong / Berlin — The LGBT Foundation, backed by Hornet Networks, and OST are pleased to announce a new partnership to launch an ecosystem powered by OST blockchain technology, to empower, connect and support LGBT+ people all over the world.

The LGBT Foundation will launch the LGBT Token in cooperation with Hornet Networks, one of the largest social networks for gay men with more than 25 million members globally, and Revry, the LGBT answer to Netflix, reaching 70 million homes in more than 100 countries. These two and other launch partners already reach 100 million people worldwide.

LGBT Token will activate the $4.6 trillion global LGBT+ economy, enabling members to assert and protect their LGBT+ identity, creating a new medium of exchange and loyalty for LGBT+ persons and businesses, and making a global social impact by allocating resources to projects that the LGBT+ community cares about, including tackling oppression, discrimination and inequality, education and healthcare.

The LGBT Foundation chose to launch the LGBT Token on OST technology following several months exploring its own ICO, and publishing the LGBT Token “Pink Paper” and “White Paper.” It aims for the Token to be a method of payment and loyalty for physical and digital businesses, as well as a decentralized system for LGBT+ people to verify and protect their identities, especially in countries where they face repercussions.

“We’re saving a ton of time, money and technical resources by teaming up with OST rather than pursuing our own ICO; allowing us to go to market faster, safer and fully compliant with financial regulations,” says Christof Wittig, President of the LGBT Foundation and CEO of Hornet Networks. “The fact that Jason has a stellar track record in tech, Blockchain and the LGBT+ community was something we definitely considered when looking for a partner to kickstart our project.”

The OST utility token enables any website, app, or marketplace to easily launch a branded token and integrate it into their businesses and communities.

“We’re thrilled to announce our support for LGBT Token during Pride Month 2018. We are humbled and excited to support the LGBT Foundation’s mission to make our world a better place for all members of the LGBT+ community. Blockchain technology is a perfect fit for the LGBT Foundation’s mission,” says Jason Goldberg, founder and CEO of OST and an advocate for equality himself. “The LGBT Token facilitates near-instant transactions between businesses, causes and members of the community; thus establishing a flourishing, Pink Economy. It also empowers people in countries where it’s illegal to be LGBT to safely and, if need be, anonymously connect with fellow LGBT people.”

Goldberg will join the LGBT Foundation as an advisor to the project.

Sean Howell, CEO of the LGBT Foundation, concludes: “Partnering with OST is based on their state-of-the-art technology to launch and manage the LGBT Token rapidly, safely, and securely. Working with OST gives us the confidence and ability to go-to-market and to develop a blockchain-powered network of LGBT-friendly businesses, to activate a global, Pink Economy.” Howell continues: “We’ll be driving major, global adoption of the LGBT Token by making it available to the 100 million audience of our launch partners, incl. Hornet Networks and Revry.”

About the LGBT Foundation
The LGBT Foundation is an organization that aims to deliver equality for the global LGBT community through technology and non-profit uses of its tokens. By harnessing the power and potential of blockchain technology and other technological innovations, the Foundation aims to foster greater acceptance of the LGBT community, drive positive social change for the benefit of its members, and protect vulnerable community members. The aim is that the LGBT Foundation will evolve to become a self-governing body run by and for members of the LGBT community, and which directs its activities, resources and members to the benefit of the international LGBT-community. For more information, please visit: lgbt-token.org/

About Hornet Networks
Hornet is the world’s premier gay social network. Founded in 2011 with the mission to build the digital home for the gay community, Hornet has grown to 25 million total users by utilizing cutting-edge technology for its dating platform and producing original editorial content to connect a community around common interests. Hornet provides a superior user experience and is number one in the key markets of France, Russia, Brazil, Turkey and Taiwan, and is consistently expanding its sizable user base in the United States. For more information, please visit: hornet.com

About OST
OST is building the complete blockchain toolkit for business. The company strives to be the blockchain technology partner of choice for businesses of all sizes and levels of technical sophistication, enabling any business to create, launch, and manage their own branded digital token economy powered by OpenST protocols and OST blockchain management software. The OpenST protocol enables companies to launch branded token economies on highly scalable, open, cryptographically auditable side blockchains. OST has offices in Berlin, New York, Hong Kong, and Pune India. For more information, please visit: ost.com/
——

Sean Howell for the LGBT Foundation
[email protected]

Wouter Verhoog for OST
[email protected] / @wouterverhoog

love.hornet.com/blog/blockchain-pride