Supreme Court set to deal a sharp blow to unions for teachers and public employees

[Martin Hash]

I have "deeply held beliefs" in a number of things. I'll let you know as they come up.

[Kath]

Where do they conduct religious conviction tests these days?

Did you read the Thomas opinion?

[Kath]

Passed the religious conviction test, according to Thomas.

Phillips is an active participant in the wedding celebration.
He sits down with each couple for a consultation
before he creates their custom wedding cake. He discusses
their preferences, their personalities, and the details of
their wedding to ensure that each cake reflects the couple
who ordered it. In addition to creating and delivering the
cake—a focal point of the wedding celebration—Phillips
sometimes stays and interacts with the guests at the
wedding. And the guests often recognize his creations and
seek his bakery out afterward. Phillips also sees the
inherent symbolism in wedding cakes. To him, a wedding
cake inherently communicates that “a wedding has occurred,
a marriage has begun,

Further, even
assuming that most for-profit companies prioritize maximizing
profits over communicating a message, that is not
true for Masterpiece Cakeshop. Phillips routinely sacrifices
profits to ensure that Masterpiece operates in a way
that represents his Christian faith. He is not open on
Sundays, he pays his employees a higher-than-average
wage, and he loans them money in times of need. Phillips
also refuses to bake cakes containing alcohol, cakes with
racist or homophobic messages, cakes criticizing God, and
cakes celebrating Halloween—even though Halloween is
one of the most lucrative seasons for bakeries.

[DBTrek]

... doesn’t establish religion conviction tests.
/shrug

If sued, for religious reasons or otherwise, each case will be considered upon its merits. This one is reversed from a lower court because it met the standard of government interfering with religious convictions.

The way you said it made it sound like every business owner must pass a religious convictions test, which isn’t the case. Innocent until proven guilty, all that.

[clubgop]

Passed the religious conviction test, according to Thomas.

Phillips is an active participant in the wedding celebration.
He sits down with each couple for a consultation
before he creates their custom wedding cake. He discusses
their preferences, their personalities, and the details of
their wedding to ensure that each cake reflects the couple
who ordered it. In addition to creating and delivering the
cake—a focal point of the wedding celebration—Phillips
sometimes stays and interacts with the guests at the
wedding. And the guests often recognize his creations and
seek his bakery out afterward. Phillips also sees the
inherent symbolism in wedding cakes. To him, a wedding
cake inherently communicates that “a wedding has occurred,
a marriage has begun,

Further, even
assuming that most for-profit companies prioritize maximizing
profits over communicating a message, that is not
true for Masterpiece Cakeshop. Phillips routinely sacrifices
profits to ensure that Masterpiece operates in a way
that represents his Christian faith. He is not open on
Sundays, he pays his employees a higher-than-average
wage, and he loans them money in times of need. Phillips
also refuses to bake cakes containing alcohol, cakes with
racist or homophobic messages, cakes criticizing God, and
cakes celebrating Halloween—even though Halloween is
one of the most lucrative seasons for bakeries.

Not just religious test it is a test of artist vs public accommodation test. Thomas is demonstrating that in these instances you aren't buying just a cake, you buying his artistic services.

[clubgop]

More people free of government coerced speech.
“Ewww.”

Wait ... what?

That seems to open the door for more business owners having to be subjected to religious conviction tests.

You think it would be good for judges to administer religious conviction tests?

They already kinda do. Lemon test, try to smoke peyote, or become a conscientious objector.

[clubgop]

FIRST AMENDMENT:

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

One of the most significant decisions will undoubtedly come in Masterpiece Cakeshop v. Colorado Civil Rights Commission, which pits religious liberty and freedom of conscience against anti-discrimination laws. This case arose when a baker, Jack Phillips, refused to bake a cake to celebrate the nuptials of Charlie Craig and David Mullins, prompting a complaint to local authorities. Phillips’s decision, the complaint alleged, violated Colorado’s law prohibiting discrimination on the basis of sexual orientation. Phillips, for his part, argued that he has no objection to serving gay customers, but instead objects to participating in an event that is contrary to his religious beliefs. Being forced to bake a cake for a same-sex wedding, Phillips maintains, both requires him to violate his religious conscience and violates his First Amendment right against forced expression.

SCOTUS cobbled up 7 votes (I had it figured 5-4 the other way initially) for a pretty weird holding, that avoided the art = expressive speech issue. I urge you all to check out the concurring opinion from Thomas. He nails it with a direct hit on the issue the Court skipped out on. Seriously, it's a very good opinion from Thomas. Check it out.

https://www.supremecourt.gov/opinions/1 ... 1_j4el.pdf



The tweet that should have been:

If I create a religion on the spot, that says "I hate white people" and then I deeply and sincerely hold that, does that mean my public cake baking business does not have to serve white people?

No, dumbass seconded. Try being a conscientious objector to revoke your selective service registration.

[Fife]

Our man Eugene said there could be a bit more of free law skool this evening.

As Malice would say, your welcome.

http://reason.com/volokh/2018/06/04/wha ... um=twitter
http://reason.com/volokh/2018/06/04/the ... um=twitter

[C-Mag]

Teachers Unions should concentrate on protecting kids in their charge from Abuse, Rape and Murder.

They fail fairly often.

[Kath]

Not just religious test it is a test of artist vs public accommodation test. Thomas is demonstrating that in these instances you aren't buying just a cake, you buying his artistic services.

Not sure how closing on Sundays and refusing to bake Halloween cakes is related to artistry. It sounds like it was used to determine his religiousness.