Monday, June 26, 2017

SCOTUS rules for same-sex couple on birth certificate case from Arkansas; will hear "wedding cake" case next term; the libertarian side


The Supreme Court this morning reversed the Arkansas Supreme Court and ruled (6-3) that a state must list both parents of a same-sex marriage when one partner has a child or adopts one.  Presumably this could include surrogacy.   The case is Pavan v. Smith.  The SCOTUS opinion is here.

Judge Gorsuch dissented and seemed to believe that the entire panoply of marriage benefits is not completely settled law.

The Court agreed to hear a case from Colorado where a wedding cake seller refused to offer a cake to a same-sex married couple. The basic idea is that the business is a public accommodation and cannot discriminate on the basis of many other categories.  It probably could not use religious shield for an interracial marriage.

Here is the Washington Post story by Robert Barnes, link.

There is a possible twist in public accommodations law where I can see the “libertarian” argument. Suppose I am a small book self-publisher and the law requires me to make large print or braille or audio versions of my books to be able to sell them at all, to avoid indirect discrimination (against the visually disabled).  Maybe this would never happen with “smaller” businesses; but I do see the conservative side, but not from a religious perspective.

If appears that Justice Kennedy probably will not retire this summer (good news).

The Blue Moon bar in Reboboth Beach has a doll of Donald Trump in drag.

Update: June 30

Lambda Legal reports that Gorsuch dissented on the Arkansas, not good news. 

No comments: