Cake and morality -

Cake and morality

The US Supreme Court abolished the fine confectioners who refused to cook for a same-sex wedding.

Cake and morality

The Supreme Court (SC) of the United States sent for reconsideration the case of a couple of confectioners from Oregon, which the lower court fined $ 135,000 for refusing to bake a same-sex wedding cake.
Speech about the incident that occurred in 2013. The girl who was about to marry her friend came to the bakery and expressed a desire to place an order. Previously, she had already applied to this pastry shop for another reason, she liked the cake and she wanted exactly the same for her wedding. Aaron and Melissa Klein, both Christians who are deeply religious believers, refused, reading the biblical quotation condemning homosexual relationships to the girl.
The girl complained to the supervisory authorities, then the court found the confectioners guilty and ordered a fine of 135 thousand dollars for violating local law prohibiting the refusal to provide services based on the sexual orientation of the client. Kleins, assessing the loss, closed the bakery, although they later collected over 350 thousand dollars as online donations from like-minded people.

Confectioners appealed first to a higher court, where they lost, and then to the Supreme Court, insisting that the penalty violates their freedom of religion and speech, protected by the first amendment to the US Constitution.

It should be noted that the Supreme Court did not consider this claim and express its own position, but only canceled the sentence and sent it for review, while ordering it to take into account its last year’s verdict on the case of Masterpiece Cakeshop confectionery. Then, by 7 votes to 2, the Supreme Court annulled the conviction of the lower court against a baker from the state of Colorado who refused to make a cake for a gay couple. But the verdict was canceled not because of the essence of the case, but rather because of procedural violations that were made by the lower court.

Therefore, the acute question for American society, whether entrepreneurs based on religious beliefs can disobey anti-discrimination legislation, has so far remained open.

The caution of supreme judges is understandable, given that in the American system their decisions create precedents that form the basis of the verdicts of the lower instance courts for decades to come. However, the refusal to approve the verdict in the case and a reference to last year’s case are also a manifestation of the position, as indicated by the reaction of the parties. Confectioners' lawyer Kelly Shackleford called the actions of the Supreme Court a victory: “The court made it clear that it will not tolerate the state’s hostility towards religious Americans.” And the girls' lawyer Jennifer Payzer expressed disappointment, saying: "It is a well-established judicial practice that freedom of religion does not give a license to employers to discriminate" clients based on their sexual preferences.
Once again, the supreme judges may face this issue in the coming months if the florist from Washington State takes on the appeal, whom local authorities accused of discrimination for refusing to arrange a wedding bouquet for a gay couple. 21 out of 50 US states have laws that prohibit discrimination against sexual minorities. But more conservative regions refuse to surrender their positions before the liberals advance. For example, three years ago, the state of Mississippi passed a law that allowed employees of public and private companies to be denied service to same-sex couples based on religious beliefs. It is about the refusal of individual employees, and not the refusal of organizations as a whole, although if the number of staff is small, then the first may be equivalent to the second.

In 2015, the case of Kim Davis, a Kentucky female clerk who, because of her religious beliefs, refused to register gay marriages legalized at the federal level, received a wide response. Davis was detained for five days, but eventually released.
Source: Russian newspaper

19.06.2019 08:30:08
(Automatic translation)

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