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1/26/20, 10(28 AMBritish Jury Delivers First Conviction for
Female Genital Cutting - The New York Times
Page 1 of
2https://www.nytimes.com/2019/02/01/world/europe/female-
genital-mutilation-conviction-
britain.html?searchResultPosition=4
https://nyti.ms/2UzfDiq
By Palko Karasz and Anna Schaverien
Feb. 1, 2019
LONDON — A woman in London was convicted on Friday over
the genital cutting of her daughter, becoming
the first person to be successfully prosecuted under the
country’s law banning the practice.
The 37-year-old woman was found guilty of committing female
genital cutting in August 2017, when her
daughter was 3. The girl’s father, 43, was cleared of charges.
Neither parent was identified because of
reporting restrictions placed on the case.
“Female genital mutilation has an appalling physical and
emotional impact on victims that usually lasts their
entire life,” said Lynette Woodrow, a deputy chief crown
prosecutor, in a statement. “A 3-year-old has no power
to resist or fight back.”
A jury in London heard the girl was “deliberately cut and her
injuries amounted to F.G.M.,” the statement from
prosecutors said, referring to female genital cutting, the practice
of a girl’s genitalia being cut and removed.
The mother, originally from Uganda, where the practice is also
illegal, claimed her daughter’s injuries were
caused when she fell from a kitchen counter onto an open metal
lined cupboard door. None of the medical
experts who testified supported that assessment, the prosecutors
said. The statement did not describe the
woman’s possible motives.
The girl was taken to a hospital and lost a significant amount of
blood because of her injuries, jurors were told,
according to the BBC.
“I come before thee today with tears in my eyes, fear in my
heart,” the woman wrote in her diary, according to
prosecutors. “My mother, I made a choice in my life. With that
choice I could be going to jail.”
Aisha Gill, a professor of criminology at the University of
Roehampton, said in a phone interview that the
verdict was “significant because it sends out a message to
affected communities that these kinds of harmful
practices will not be tolerated.”
Calling it “a landmark case,” she added, “We need to see that
the law will be operational and effective to
enable victims to come forward when necessary.”
British Jury Delivers First Conviction
for Female Genital Cutting
https://www.nytimes.com/
https://www.nytimes.com/by/palko-karasz
https://www.nytimes.com/by/anna-schaverien
https://www.cps.gov.uk/london-north/news/mother-first-be-
convicted-female-genital-mutilation
https://www.bbc.co.uk/news/uk-england-47094707
1/26/20, 10(28 AMBritish Jury Delivers First Conviction for
Female Genital Cutting - The New York Times
Page 2 of
2https://www.nytimes.com/2019/02/01/world/europe/female-
genital-mutilation-conviction-
britain.html?searchResultPosition=4
Female genital cutting has been illegal in Britain since 1985,
but previous prosecutions have led to acquittals,
according to news reports. Globally, at least 200 million
survivors of the practice live with the scars of cutting,
according to the World Health Organization.
In the United States, genital cutting has been banned since
1996. But in a ruling last year on the first case in
the country, a federal judge in Michigan said that the law was
unconstitutional and that the practice was a
matter for states to regulate.
Advocates in Britain welcomed the decision on Friday.
“Survivors of F.G.M. now see that people will take them
seriously,” said Leyla Hussein, a founder of the Dahlia
Project, which provides therapy for survivors. “The victim got
justice, but she still has to live with F.G.M. like
so many of us.”
Next week, the House of Commons in Britain’s Parliament will
consider an amendment to the Children Act of
1989 that would give the authorities greater abilities to protect
children from female genital cutting before
cases go to trial, as they currently have to prevent forced
marriages.
The judge in the mother’s case warned of a “lengthy” jail term
as she remanded the woman into custody, the
BBC said. The court set a sentencing date of March 8.
https://data.unicef.org/topic/child-protection/female-genital-
mutilation/
https://www.nytimes.com/2017/06/10/health/genital-mutilation-
muslim-dawoodi-bohra-michigan-case.html?module=inline
https://www.nytimes.com/2018/11/21/health/fgm-female-
genital-mutilation-
law.html?rref=collection%2Ftimestopic%2FFemale%20Genital
%20Cutting&action=click&contentCollection=health&region=st
ream&module=stream_unit&version=latest&contentPlacement=
2&pgtype=collection
https://services.parliament.uk/bills/2017-
19/childrenact1989amendmentfemalegenitalmutilation.html
Shenghan Jin
Alison B. Meyer
MGT 164
04/13/2021
Part A - Self Reflection
I have always known that I was a complex and diverse
being but I never had much insight into certain aspects of
myself and my personality in the past – until now. In my
childhood my dad used to take me for swimming lessons. I had
a major fear of water and it took me twice as long as the other
kids to learn it – but I overcame my fear after some persistence.
My dad encouraged me and the courage he gave me stays with
me to this day. My parents also showed me the importance of
love and family, especially through some hard times where w e
had conflict with some close family. Those hardships taught me
to keep my family close and treat everyone with respect and
have helped me in my relationships now with friends and
family.
My Big Five test was very insightful. I was not surprised
to find that I ranked higher in agreeableness and ranked low in
conscientiousness (specifically responsibility and organization)
– I have always found it challenging to remain organized and
meet deadlines on time but I am getting better at this with
practice! However, I was definitely surprised that extraversion
was one of my highest scores – I consider myself a shy person
and perhaps I need to give myself more credit in my social
abilities and my ability to interact with people. I also found it
interesting that the descriptions for the fields I scored higher in
all described my music tastes perfectly. Overall, my biggest
takeaway from this test was appreciating my ability to interact
with people in a considerate and friendly way and I will make
sure that my profession will involve regular interactions with
people as this is something that I am skilled at and enjoy. For
example, fields in business with a regular social aspect such as
marketing or management might suit me better than something
more isolated such as product development.
My professional goals involve me working to realize my
full potential and maximizing my ability to excel in my future
career. My first goal over the next year or two is to further
improve my ability to communicate with others and identify
with them in a compassionate way since this is a crucial skill in
today’s work environment. By trying to talk to strangers more
and meeting new people, I can practice this skill and even learn
more about my extraverted tendencies and abilities. Secondly, I
am going to work hard on improving my low conscientiousness
score by improving my organizational skills with methods such
as bullet journaling, keeping a calendar, and setting reminders
on my phone for school deadlines. By doing these tasks I can
improve my sense of responsibility towards school and stay on
top of my work – something that I know will improve my ability
to succeed in my future career as well.
11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple - The New York
Times
Page 1 of
7https://www.nytimes.com/2018/06/04/us/politics/supreme-
court-sides-with-baker-who-turned-away-gay-couple.html
By Adam Liptak
June 4, 2018
WASHINGTON — The Supreme Court on Monday ruled in
favor of a Colorado baker
who had refused to create a wedding cake for a gay couple. The
court’s decision was
narrow, and it left open the larger question of whether a
business can discriminate
against gay men and lesbians based on rights protected by the
First Amendment.
The court passed on an opportunity to either bolster the right to
same-sex marriage
or explain how far the government can go in regulating
businesses run on religious
principles. Instead, Justice Anthony M. Kennedy’s majority
opinion turned on the
argument that the Colorado Civil Rights Commission, which
originally ruled against
the baker, had been shown to be hostile to religion because of
the remarks of one of
its members.
At the same time, Justice Kennedy strongly reaffirmed
protections for gay rights.
“The outcome of cases like this in other circumstances must
await further
elaboration in the courts,” he wrote, “all in the context of
recognizing that these
disputes must be resolved with tolerance, without undue
disrespect to sincere
religious beliefs, and without subjecting gay persons to
indignities when they seek
goods and services in an open market.”
In Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple
http://www.nytimes.com/by/adam-liptak
11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple - The New York
Times
Page 2 of
7https://www.nytimes.com/2018/06/04/us/politics/supreme-
court-sides-with-baker-who-turned-away-gay-couple.html
Justice Kennedy often casts the deciding vote in closely divided
cases on major
social issues. When the court agreed to hear the Colorado case
last June, it seemed to
present him with a stark choice between two of his core
commitments. On the one
hand, Justice Kennedy has written every major Supreme Court
decision protecting
gay men and lesbians. On the other, he is the court’s most
ardent defender of free
speech.
On Monday, Justice Kennedy chose a third path, one that
seemed to apply only to the
case before the court.
Writing for the majority in the 7-to-2 decision, he said the Civil
Rights Commission’s
ruling against the baker, Jack Phillips, had been infected by
religious animus. He
cited what he said were “inappropriate and dismissive
comments” from one
commissioner in saying that the panel had acted inappropriately
and that its
decision should be overturned.
“The neutral and respectful consideration to which Phillips was
entitled was
compromised here,” Justice Kennedy wrote. “The Civil Rights
Commission’s
treatment of his case has some elements of a clear and
impermissible hostility
toward the sincere religious beliefs that motivated his
objection.”
That passage echoed his plea for tolerance in his majority
opinion in 2015 in
Obergefell v. Hodges, which recognized a constitutional right to
same-sex marriage.
In that decision, he called for “an open and searching debate”
between those who
opposed same-sex marriage on religious grounds and those who
considered such
unions “proper or indeed essential.”
When the Colorado case was argued in December, Justice
Kennedy seemed
frustrated with the main choices available to him and hinted that
he was looking for
an off ramp. His questions suggested that his vote had not been
among the four that
had been needed to add the case to the court’s docket.
https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf
https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple - The New York
Times
Page 3 of
7https://www.nytimes.com/2018/06/04/us/politics/supreme-
court-sides-with-baker-who-turned-away-gay-couple.html
The breadth of the court’s majority was a testament to the
narrowness of the
decision’s reasoning. Chief Justice John G. Roberts Jr. and
Justices Stephen G.
Breyer, Samuel A. Alito Jr., Elena Kagan and Neil M. Gorsuch
joined Justice
Kennedy’s majority opinion. Justice Clarence Thomas voted
with the majority but
would have adopted broader reasons.
Justice Ruth Bader Ginsburg, joined by Justice Sonia
Sotomayor, dissented.
The case, Masterpiece Cakeshop v. Colorado Civil Rights
Commission, No. 16-111,
arose from a brief encounter in 2012, when David Mullins and
Charlie Craig visited
Mr. Phillips’s bakery, Masterpiece Cakeshop, in Lakewood,
Colo. The two men were
going to be married in Massachusetts, and they were looking for
a wedding cake for
a reception in Colorado.
Mr. Phillips turned them down, saying he would not use his
talents to convey a
message of support for same-sex marriage at odds with his
religious faith. Mr.
Mullins and Mr. Craig said they were humiliated by Mr.
Phillips’s refusal to serve
them, and they filed a complaint with Colorado’s Civil Rights
Commission, saying
that Mr. Phillips had violated a state law barring discrimination
based on sexual
orientation.
Mr. Mullins and Mr. Craig won before the commission and in
the state courts.
The Colorado Court of Appeals ruled that Mr. Phillips’s free
speech rights had not
been violated, noting that the couple had not discussed the
cake’s design before Mr.
Phillips turned them down. The court added that people seeing
the cake would not
understand Mr. Phillips to be making a statement and that he
remained free to say
what he liked about same-sex marriage in other settings.
Though the case was mostly litigated on free speech grounds,
Justice Kennedy’s
opinion barely discussed the issue. Instead, he focused on what
he said were flaws in
the proceedings before the commission. Members of the panel,
he wrote, had acted
http://www.scotusblog.com/wp-content/uploads/2016/08/16-
111-op-bel-colo-app.pdf
11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple - The New York
Times
Page 4 of
7https://www.nytimes.com/2018/06/04/us/politics/supreme-
court-sides-with-baker-who-turned-away-gay-couple.html
with “clear and impermissible hostility” to sincerely held
religious beliefs.
One commissioner in particular, Justice Kennedy wrote, had
crossed the line in
saying that “freedom of religion and religion has been used to
justify all kinds of
discrimination throughout history, whether it be slavery,
whether it be the
Holocaust.”
Justice Kennedy wrote that “this sentiment is inappropriate for a
commission
charged with the solemn responsibility of fair and neutral
enforcement of Colorado’s
anti-discrimination law.”
In dissent, Justice Ginsburg said that a few stray remarks were
not enough to justify
a ruling in Mr. Phillips’s favor.
“What prejudice infected the determinatio ns of the adjudicators
in the case before
and after the commission?” Justice Ginsburg asked. “The court
does not say.”
Justice Kennedy wrote that the commission had also acted
inconsistently in cases
involving an opponent of same-sex marriage, “concluding on at
least three occasions
that a baker acted lawfully in declining to create cakes with
decorations that
demeaned gay persons or gay marriages.”
11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple - The New York
Times
Page 5 of
7https://www.nytimes.com/2018/06/04/us/politics/supreme-
court-sides-with-baker-who-turned-away-gay-couple.html
In dueling concurring opinions, two sets of justices debated how
central that last
observation was to the court’s decision. Justice Kagan, joined
by Justice Breyer, said
such differing treatment could be justified. Justice Gorsuch,
joined by Justice Alito,
disagreed, saying that “the two cases share all legally salient
features.”
In another concurring opinion, Justice Thomas, joined by
Justice Gorsuch, said he
would have ruled in favor of Mr. Phillips on free speech
grounds. Mr. Phillips’s cakes
are artistic expression worthy of First Amendment protection,
Justice Thomas
Protesters outside the Supreme Court after the ruling, which one
gay rights group said “offered
dangerous encouragement to those who would deny civil rights
to L.G.B.T. people.”
Tom Brenner/The New York Times
POLITICS POLITICS | In Narrow Decision, Supreme Court
Sides With…
https://www.nytimes.com/
https://www.nytimes.com/pages/politics/index.html
https://www.nytimes.com/
https://www.nytimes.com/pages/politics/index.html
11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple - The New York
Times
Page 6 of
7https://www.nytimes.com/2018/06/04/us/politics/supreme-
court-sides-with-baker-who-turned-away-gay-couple.html
wrote, and requiring him to endorse marriages at odds with his
faith violated his
constitutional rights.
In dissent, Justice Ginsburg disagreed with that analysis and
noted that the majority
had not adopted it. She wrote that there was no reason to think
that people seeing a
wedding cake made by Mr. Phillips would understand it to be
conveying his views on
same-sex marriage.
Alliance Defending Freedom, which represented Mr. Phillips,
said the ruling was a
victory for religious liberty.
“Government hostility toward people of faith has no place in
our society, yet the State
of Colorado was openly antagonistic toward Jack’s religious
beliefs about marriage,”
said Kristen Waggoner, a lawyer with the group. “The court was
right to condemn
that. Tolerance and respect for good-faith differences of opinion
are essential in a
society like ours.”
The American Civil Liberties Union, which represented Mr.
Mullins and Mr. Craig,
said it welcomed the parts of the majority opinion that
reaffirmed legal protections
for gay men and lesbians.
“The court reversed the Masterpiece Cakeshop decision based
on concerns unique to
the case but reaffirmed its longstanding rule that states can
prevent the harms of
discrimination in the marketplace, including against L.G.B.T.
people,” said Louise
Melling, the group’s deputy legal director.
Some gay rights groups took a darker view of the decision. “The
court today has
offered dangerous encouragement to those who would deny civil
rights to L.G.B.T.
people,” said Rachel B. Tiven, the chief executive of Lambda
Legal. “We will fiercely
resist the coming effort that will seek to turn this ruling into a
broad license to
discriminate.”
11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides
With Baker Who Turned Away Gay Couple - The New York
Times
Page 7 of
7https://www.nytimes.com/2018/06/04/us/politics/supreme-
court-sides-with-baker-who-turned-away-gay-couple.html
Even as she dissented, Justice Ginsburg wrote that “there is
much in the court’s
opinion with which I agree,” quoting several passages
reaffirming gay rights
protections.
“Colorado law,” Justice Kennedy wrote in one, “can protect gay
persons, just as it can
protect other classes of individuals, in acquiring whatever
products and services
they choose on the same terms and conditions as are offered to
other members of the
public.”
Follow Adam Liptak on Twitter: @adamliptak.
A version of this article appears in print on June 4, 2018, on
Page A1 of the New York edition with the headline: Justices
Favor Baker in Case
On Gay Rights
READ 3497 COMMENTS
https://twitter.com/adamliptak

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12620, 10(28 AMBritish Jury Delivers First Conviction for Fe

  • 1. 1/26/20, 10(28 AMBritish Jury Delivers First Conviction for Female Genital Cutting - The New York Times Page 1 of 2https://www.nytimes.com/2019/02/01/world/europe/female- genital-mutilation-conviction- britain.html?searchResultPosition=4 https://nyti.ms/2UzfDiq By Palko Karasz and Anna Schaverien Feb. 1, 2019 LONDON — A woman in London was convicted on Friday over the genital cutting of her daughter, becoming the first person to be successfully prosecuted under the country’s law banning the practice. The 37-year-old woman was found guilty of committing female genital cutting in August 2017, when her daughter was 3. The girl’s father, 43, was cleared of charges. Neither parent was identified because of reporting restrictions placed on the case. “Female genital mutilation has an appalling physical and emotional impact on victims that usually lasts their entire life,” said Lynette Woodrow, a deputy chief crown
  • 2. prosecutor, in a statement. “A 3-year-old has no power to resist or fight back.” A jury in London heard the girl was “deliberately cut and her injuries amounted to F.G.M.,” the statement from prosecutors said, referring to female genital cutting, the practice of a girl’s genitalia being cut and removed. The mother, originally from Uganda, where the practice is also illegal, claimed her daughter’s injuries were caused when she fell from a kitchen counter onto an open metal lined cupboard door. None of the medical experts who testified supported that assessment, the prosecutors said. The statement did not describe the woman’s possible motives. The girl was taken to a hospital and lost a significant amount of blood because of her injuries, jurors were told, according to the BBC. “I come before thee today with tears in my eyes, fear in my heart,” the woman wrote in her diary, according to prosecutors. “My mother, I made a choice in my life. With that choice I could be going to jail.” Aisha Gill, a professor of criminology at the University of Roehampton, said in a phone interview that the verdict was “significant because it sends out a message to
  • 3. affected communities that these kinds of harmful practices will not be tolerated.” Calling it “a landmark case,” she added, “We need to see that the law will be operational and effective to enable victims to come forward when necessary.” British Jury Delivers First Conviction for Female Genital Cutting https://www.nytimes.com/ https://www.nytimes.com/by/palko-karasz https://www.nytimes.com/by/anna-schaverien https://www.cps.gov.uk/london-north/news/mother-first-be- convicted-female-genital-mutilation https://www.bbc.co.uk/news/uk-england-47094707 1/26/20, 10(28 AMBritish Jury Delivers First Conviction for Female Genital Cutting - The New York Times Page 2 of 2https://www.nytimes.com/2019/02/01/world/europe/female- genital-mutilation-conviction- britain.html?searchResultPosition=4 Female genital cutting has been illegal in Britain since 1985, but previous prosecutions have led to acquittals, according to news reports. Globally, at least 200 million survivors of the practice live with the scars of cutting, according to the World Health Organization.
  • 4. In the United States, genital cutting has been banned since 1996. But in a ruling last year on the first case in the country, a federal judge in Michigan said that the law was unconstitutional and that the practice was a matter for states to regulate. Advocates in Britain welcomed the decision on Friday. “Survivors of F.G.M. now see that people will take them seriously,” said Leyla Hussein, a founder of the Dahlia Project, which provides therapy for survivors. “The victim got justice, but she still has to live with F.G.M. like so many of us.” Next week, the House of Commons in Britain’s Parliament will consider an amendment to the Children Act of 1989 that would give the authorities greater abilities to protect children from female genital cutting before cases go to trial, as they currently have to prevent forced marriages. The judge in the mother’s case warned of a “lengthy” jail term as she remanded the woman into custody, the BBC said. The court set a sentencing date of March 8. https://data.unicef.org/topic/child-protection/female-genital- mutilation/ https://www.nytimes.com/2017/06/10/health/genital-mutilation- muslim-dawoodi-bohra-michigan-case.html?module=inline
  • 5. https://www.nytimes.com/2018/11/21/health/fgm-female- genital-mutilation- law.html?rref=collection%2Ftimestopic%2FFemale%20Genital %20Cutting&action=click&contentCollection=health&region=st ream&module=stream_unit&version=latest&contentPlacement= 2&pgtype=collection https://services.parliament.uk/bills/2017- 19/childrenact1989amendmentfemalegenitalmutilation.html Shenghan Jin Alison B. Meyer MGT 164 04/13/2021 Part A - Self Reflection I have always known that I was a complex and diverse being but I never had much insight into certain aspects of myself and my personality in the past – until now. In my childhood my dad used to take me for swimming lessons. I had a major fear of water and it took me twice as long as the other kids to learn it – but I overcame my fear after some persistence. My dad encouraged me and the courage he gave me stays with me to this day. My parents also showed me the importance of love and family, especially through some hard times where w e had conflict with some close family. Those hardships taught me to keep my family close and treat everyone with respect and have helped me in my relationships now with friends and family. My Big Five test was very insightful. I was not surprised to find that I ranked higher in agreeableness and ranked low in conscientiousness (specifically responsibility and organization) – I have always found it challenging to remain organized and meet deadlines on time but I am getting better at this with practice! However, I was definitely surprised that extraversion was one of my highest scores – I consider myself a shy person and perhaps I need to give myself more credit in my social
  • 6. abilities and my ability to interact with people. I also found it interesting that the descriptions for the fields I scored higher in all described my music tastes perfectly. Overall, my biggest takeaway from this test was appreciating my ability to interact with people in a considerate and friendly way and I will make sure that my profession will involve regular interactions with people as this is something that I am skilled at and enjoy. For example, fields in business with a regular social aspect such as marketing or management might suit me better than something more isolated such as product development. My professional goals involve me working to realize my full potential and maximizing my ability to excel in my future career. My first goal over the next year or two is to further improve my ability to communicate with others and identify with them in a compassionate way since this is a crucial skill in today’s work environment. By trying to talk to strangers more and meeting new people, I can practice this skill and even learn more about my extraverted tendencies and abilities. Secondly, I am going to work hard on improving my low conscientiousness score by improving my organizational skills with methods such as bullet journaling, keeping a calendar, and setting reminders on my phone for school deadlines. By doing these tasks I can improve my sense of responsibility towards school and stay on top of my work – something that I know will improve my ability to succeed in my future career as well. 11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple - The New York Times Page 1 of 7https://www.nytimes.com/2018/06/04/us/politics/supreme- court-sides-with-baker-who-turned-away-gay-couple.html
  • 7. By Adam Liptak June 4, 2018 WASHINGTON — The Supreme Court on Monday ruled in favor of a Colorado baker who had refused to create a wedding cake for a gay couple. The court’s decision was narrow, and it left open the larger question of whether a business can discriminate against gay men and lesbians based on rights protected by the First Amendment. The court passed on an opportunity to either bolster the right to same-sex marriage or explain how far the government can go in regulating businesses run on religious principles. Instead, Justice Anthony M. Kennedy’s majority opinion turned on the argument that the Colorado Civil Rights Commission, which originally ruled against the baker, had been shown to be hostile to religion because of the remarks of one of its members. At the same time, Justice Kennedy strongly reaffirmed protections for gay rights.
  • 8. “The outcome of cases like this in other circumstances must await further elaboration in the courts,” he wrote, “all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.” In Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple http://www.nytimes.com/by/adam-liptak 11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple - The New York Times Page 2 of 7https://www.nytimes.com/2018/06/04/us/politics/supreme- court-sides-with-baker-who-turned-away-gay-couple.html Justice Kennedy often casts the deciding vote in closely divided cases on major social issues. When the court agreed to hear the Colorado case last June, it seemed to present him with a stark choice between two of his core
  • 9. commitments. On the one hand, Justice Kennedy has written every major Supreme Court decision protecting gay men and lesbians. On the other, he is the court’s most ardent defender of free speech. On Monday, Justice Kennedy chose a third path, one that seemed to apply only to the case before the court. Writing for the majority in the 7-to-2 decision, he said the Civil Rights Commission’s ruling against the baker, Jack Phillips, had been infected by religious animus. He cited what he said were “inappropriate and dismissive comments” from one commissioner in saying that the panel had acted inappropriately and that its decision should be overturned. “The neutral and respectful consideration to which Phillips was entitled was compromised here,” Justice Kennedy wrote. “The Civil Rights Commission’s treatment of his case has some elements of a clear and
  • 10. impermissible hostility toward the sincere religious beliefs that motivated his objection.” That passage echoed his plea for tolerance in his majority opinion in 2015 in Obergefell v. Hodges, which recognized a constitutional right to same-sex marriage. In that decision, he called for “an open and searching debate” between those who opposed same-sex marriage on religious grounds and those who considered such unions “proper or indeed essential.” When the Colorado case was argued in December, Justice Kennedy seemed frustrated with the main choices available to him and hinted that he was looking for an off ramp. His questions suggested that his vote had not been among the four that had been needed to add the case to the court’s docket. https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf 11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple - The New York
  • 11. Times Page 3 of 7https://www.nytimes.com/2018/06/04/us/politics/supreme- court-sides-with-baker-who-turned-away-gay-couple.html The breadth of the court’s majority was a testament to the narrowness of the decision’s reasoning. Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Samuel A. Alito Jr., Elena Kagan and Neil M. Gorsuch joined Justice Kennedy’s majority opinion. Justice Clarence Thomas voted with the majority but would have adopted broader reasons. Justice Ruth Bader Ginsburg, joined by Justice Sonia Sotomayor, dissented. The case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, No. 16-111, arose from a brief encounter in 2012, when David Mullins and Charlie Craig visited Mr. Phillips’s bakery, Masterpiece Cakeshop, in Lakewood, Colo. The two men were going to be married in Massachusetts, and they were looking for a wedding cake for a reception in Colorado.
  • 12. Mr. Phillips turned them down, saying he would not use his talents to convey a message of support for same-sex marriage at odds with his religious faith. Mr. Mullins and Mr. Craig said they were humiliated by Mr. Phillips’s refusal to serve them, and they filed a complaint with Colorado’s Civil Rights Commission, saying that Mr. Phillips had violated a state law barring discrimination based on sexual orientation. Mr. Mullins and Mr. Craig won before the commission and in the state courts. The Colorado Court of Appeals ruled that Mr. Phillips’s free speech rights had not been violated, noting that the couple had not discussed the cake’s design before Mr. Phillips turned them down. The court added that people seeing the cake would not understand Mr. Phillips to be making a statement and that he remained free to say what he liked about same-sex marriage in other settings. Though the case was mostly litigated on free speech grounds,
  • 13. Justice Kennedy’s opinion barely discussed the issue. Instead, he focused on what he said were flaws in the proceedings before the commission. Members of the panel, he wrote, had acted http://www.scotusblog.com/wp-content/uploads/2016/08/16- 111-op-bel-colo-app.pdf 11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple - The New York Times Page 4 of 7https://www.nytimes.com/2018/06/04/us/politics/supreme- court-sides-with-baker-who-turned-away-gay-couple.html with “clear and impermissible hostility” to sincerely held religious beliefs. One commissioner in particular, Justice Kennedy wrote, had crossed the line in saying that “freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the Holocaust.” Justice Kennedy wrote that “this sentiment is inappropriate for a commission
  • 14. charged with the solemn responsibility of fair and neutral enforcement of Colorado’s anti-discrimination law.” In dissent, Justice Ginsburg said that a few stray remarks were not enough to justify a ruling in Mr. Phillips’s favor. “What prejudice infected the determinatio ns of the adjudicators in the case before and after the commission?” Justice Ginsburg asked. “The court does not say.” Justice Kennedy wrote that the commission had also acted inconsistently in cases involving an opponent of same-sex marriage, “concluding on at least three occasions that a baker acted lawfully in declining to create cakes with decorations that demeaned gay persons or gay marriages.” 11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple - The New York Times Page 5 of 7https://www.nytimes.com/2018/06/04/us/politics/supreme-
  • 15. court-sides-with-baker-who-turned-away-gay-couple.html In dueling concurring opinions, two sets of justices debated how central that last observation was to the court’s decision. Justice Kagan, joined by Justice Breyer, said such differing treatment could be justified. Justice Gorsuch, joined by Justice Alito, disagreed, saying that “the two cases share all legally salient features.” In another concurring opinion, Justice Thomas, joined by Justice Gorsuch, said he would have ruled in favor of Mr. Phillips on free speech grounds. Mr. Phillips’s cakes are artistic expression worthy of First Amendment protection, Justice Thomas Protesters outside the Supreme Court after the ruling, which one gay rights group said “offered dangerous encouragement to those who would deny civil rights to L.G.B.T. people.” Tom Brenner/The New York Times POLITICS POLITICS | In Narrow Decision, Supreme Court Sides With… https://www.nytimes.com/ https://www.nytimes.com/pages/politics/index.html https://www.nytimes.com/ https://www.nytimes.com/pages/politics/index.html
  • 16. 11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple - The New York Times Page 6 of 7https://www.nytimes.com/2018/06/04/us/politics/supreme- court-sides-with-baker-who-turned-away-gay-couple.html wrote, and requiring him to endorse marriages at odds with his faith violated his constitutional rights. In dissent, Justice Ginsburg disagreed with that analysis and noted that the majority had not adopted it. She wrote that there was no reason to think that people seeing a wedding cake made by Mr. Phillips would understand it to be conveying his views on same-sex marriage. Alliance Defending Freedom, which represented Mr. Phillips, said the ruling was a victory for religious liberty. “Government hostility toward people of faith has no place in our society, yet the State of Colorado was openly antagonistic toward Jack’s religious beliefs about marriage,”
  • 17. said Kristen Waggoner, a lawyer with the group. “The court was right to condemn that. Tolerance and respect for good-faith differences of opinion are essential in a society like ours.” The American Civil Liberties Union, which represented Mr. Mullins and Mr. Craig, said it welcomed the parts of the majority opinion that reaffirmed legal protections for gay men and lesbians. “The court reversed the Masterpiece Cakeshop decision based on concerns unique to the case but reaffirmed its longstanding rule that states can prevent the harms of discrimination in the marketplace, including against L.G.B.T. people,” said Louise Melling, the group’s deputy legal director. Some gay rights groups took a darker view of the decision. “The court today has offered dangerous encouragement to those who would deny civil rights to L.G.B.T. people,” said Rachel B. Tiven, the chief executive of Lambda Legal. “We will fiercely
  • 18. resist the coming effort that will seek to turn this ruling into a broad license to discriminate.” 11/15/18, 2(51 PMIn Narrow Decision, Supreme Court Sides With Baker Who Turned Away Gay Couple - The New York Times Page 7 of 7https://www.nytimes.com/2018/06/04/us/politics/supreme- court-sides-with-baker-who-turned-away-gay-couple.html Even as she dissented, Justice Ginsburg wrote that “there is much in the court’s opinion with which I agree,” quoting several passages reaffirming gay rights protections. “Colorado law,” Justice Kennedy wrote in one, “can protect gay persons, just as it can protect other classes of individuals, in acquiring whatever products and services they choose on the same terms and conditions as are offered to other members of the public.” Follow Adam Liptak on Twitter: @adamliptak.
  • 19. A version of this article appears in print on June 4, 2018, on Page A1 of the New York edition with the headline: Justices Favor Baker in Case On Gay Rights READ 3497 COMMENTS https://twitter.com/adamliptak