U.S. Supreme Court,
Constitutional Law,
Civil Rights
Jun. 12, 2018
What the court got wrong in Masterpiece Cakeshop
The seemingly narrow ruling is going to make it easier to find that the government is impermissibly discriminating against religion.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
OCTOBER 2017 TERM
The U.S. Supreme Court's decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 2018 DJDAR 5291 (June 4, 2018), got it wrong in concluding that the Colorado Civil Rights Commission had expressed hostility to religion. Moreover, its seemingly narrow ruling is going to make it easier to find that the government is impermissibly discriminating against religion.
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