The Supreme Court agreed to hear the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission, about “whether applying Colorado’s public accommodations law to compel the petitioner to create expression that violates his sincerely held religious beliefs about marriage violates the free speech or free exercise clauses of the First Amendment.”
Not be be overlooked was the Supreme Court ruling in Paven v. Smith, summarily reversing the Arkansas Supreme Court, which had declined to order an amended birth certificate issued to a lesbian couple on the same terms on which the state would issue such a certificate for a child born via donor reproduction to an opposite-sex couple. Olson writes:
Notably, Gorsuch in his dissent took a legal technician’s cool tone that diverged sharply from what one might have expected from the late Justice Scalia: he refrained from zingers at the majority’s expense, stayed far away from culture-war implications, and emphasized that the dispute that might have been aired was over how best to implement Obergefell, not whether to retreat from it. Some voices on the traditionalist sidelines have urged the Court’s conservative wing to wage rhetorical war against Obergefell and Windsor so as to set up an eventual overruling of those decisions. But not a single justice took that approach today.
A new Pew survey, incidentally, confirms that opposition to legal recognition of same-sex marriage has extended its historic decline, and is now in a minority even among Republicans.