Masterpiece Cakeshop: Not the Win We Hoped for, Not the Loss We Feared

The Supreme Court ruled narrowly against the Colorado Civil Rights Commission in Masterpiece Cakeshop, based on concerns that the original case was not decided “with the religious neutrality that the Constitution requires.”

In doing so, the Court also reaffirmed the core American principle that businesses open to the public must be open to all.

The unfortunate result of this ruling is that cases like this will continue to be litigated in the courts. In the meantime, LGBT people will have to go about their day to day lives fearing they might be refused service because of who we are.

It is important to note that the Supreme Court did not change the long-standing rule that businesses open to the public must be open to all. This ruling was limited to facts specific to this case, and the court importantly did not give businesses the broad right to discriminate that the bakery and the Trump administration sought here.

Eric Lesh, Executive Director of the LGBT Bar of NY discusses this case with Professor Art Leonard of New York Law School.