On Monday, 4 June 2018, the United States Supreme Court announced their decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. Seven of the court’s nine justices sided with the owner of Masterpiece Cakeshop in Colorado, who had refused to make a wedding cake for a same-sex couple because he felt it violated his religous beliefs. ICLRS Director Brett Scharffs and Associate Director Elizabeth Clark were asked to weigh in on the decision. Both had signed an amicus brief in support of the cakeshop in this case.
Professor Scharffs spoke on the BYU Radio program Top of Mind with Julie Rose about the decision. In the interview he provided a basic understanding of the case as well as analysis of the decision. Professor Scharffs said that “the most important guidance given is that when a court or tribunal is weighing and balancing competing rights, it needs to be done in a fair-handed way.” He referred to the frequent use of the words hostility and neutrality in the decision….