Barry McDonald, “Actually the baker in the Supreme Court Masterpiece ruling lost” — USA Today

June 8, 2018 | An op-ed by Professor Barry McDonald, “Actually the baker in the Supreme Court Masterpiece ruling lost, it only looked like he won,” was published today in USA Today. The article examines Justice Kennedy’s opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission and its future effect on government agencies desiring to sanction individuals who assert religious objections to serving LGBT customers.

Excerpt from “Actually the baker in the Supreme Court Masterpiece ruling lost”:

The baker did win on the grounds that the Colorado anti-discrimination agency unconstitutionally displayed religious bias when it sanctioned him. But Kennedy’s majority opinion sent every signal that should Colorado again seek to sanction the baker for a future refusal to serve same-sex couples, the state will win so long as it refrains from statements or actions that seem to disparage religion.

The complete article may be found here