By Rick Moran
The fight back starts.
A case involving a Christian Oregon couple that was successfully sued by the state for not baking a wedding cake for a gay couple was sent back to a lower court by the Supreme Court on Monday “for further consideration.”
Last term, the court ruled in favour of a Colorado baker who was sued by the state for discrimination.
The couple, Melissa and Aaron Klein, cited religious beliefs as their reason for not providing services for a gay wedding. This touched off the latest in a series of such cases making headlines in recent years. During the court’s last term, justices ruled in favor of a Colorado baker in a similar situation, stating that a state body demonstrated improper hostility toward the baker’s religion in finding that he violated a state anti-discrimination law.
On Monday, the Supreme Court sent the Klein case back down to a lower court “for further consideration in light of” their Colorado decision.
The central disputes in the case — which pits LGBT rights against religious freedom considerations — have yet to be addressed by the Supreme Court.
The court keeps punting on deciding the fundamental issue of religious freedom, which isn’t surprising given the controversial nature of the issues involved. Chief Justice Roberts may be waiting for a case where the court can reach some sort of consensus instead of the usual 5-4 split.