Thursday, June 17, 2021

Not the Shit Show ... Yet

The headline is deceiving here. It is correct, but it doesn't answer the question many people want answered. The question people want to know (on both sides) is Can companies discriminate against legally married homosexuals?

The answer is still unclear. I say this not as a "look on the bright side" guy. But as a realist here. The court decided, once again, to limit the question. In Colorado this questions was turned to, did Colorado discriminate agains the baker? In this case, the court turned its unanimous to deal only with the contractual relationship between the adoption agency and the city. Leaving the larger question for later.

Why did the Supreme Court do this? Well, there is a 4 person minority (that is of 5 needed) that is willing to overturn Obergefell, which allowed gays equal rights at the federal level. There is a 3 person minority that wants to preserve Obergefell. The most middle of the judges, particular Roberts, is not ready to overturn gay rights. Yet. Just like they are not quite ready to overturn Roe v Wade yet, but are approaching it in baby steps.

What is the actual impact of this result? Practically, almost none. As a blueprint for laws against gays, pretty important if the legislators can tie any legislation to freedom of religion.

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