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What the U.S. Supreme Court’s Masterpiece Cakeshop Decision Means for Religious Refusal Laws in Texas

What the U.S. Supreme Court's Masterpiece Cakeshop Decision Means for Religious Refusal Laws in Texas
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Last year, a dispute over a Colorado wedding cake made it all the way to the U.S. Supreme Court聽鈥 and this week, the reverberations of the high court鈥檚 ruling made it all the way to Texas.

After the high court ruled Monday in favor of a Christian baker in Colorado who refused to make a wedding cake for a gay couple, conservatives praised it as a vindication of religious liberty and free speech. Meanwhile, LGBT advocates focused on language in the decision that聽suggests聽future cases could be decided differently.

At the center of the case was the question of 鈥渞eligious refusals鈥 鈥 whether, and when, a 鈥渟incerely held religious belief鈥 justifies denying certain people certain services or privileges. The baker, Jack Phillips, sought what LGBT advocates have characterized as a 鈥渃onstitutional right to discriminate,鈥 saying that聽聽to 鈥渦se the talents that I have to create an artistic expression that violates [my] faith.鈥

In a 7-2 holding Monday, the high court declined to identify that right, ruling instead on narrower legal grounds specific to Phillips鈥 case. Writing for the majority, Justice Anthony Kennedy said Phillips had been unfairly treated by the Colorado Civil Rights Commission at an earlier stage of the lawsuit. Other religious refusal cases,聽Kennedy wrote, 鈥渕ust await further elaboration in the courts.鈥

The Supreme Court also held that 鈥渋t is a general rule that [religious and philosophical objections] do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.鈥 Lawyers for the baker had argued that the baker鈥檚 work was protected as an expression of his art.

This case doesn鈥檛 have direct bearing on similar statewide issues in Texas. But here are five Texas takeaways:

Both sides are claiming some victories from the ruling.聽That聽includes聽several prominent Texas Republicans. U.S. Sen.聽聽said the court 鈥渢ook a stand for religious liberty against the unconstitutional demands of an oppressive bureaucracy.鈥 Texas Attorney General聽聽said 鈥渢his is a landmark victory for our first liberties of religious freedom and freedom of speech.鈥 Both had led more than a dozen聽听补苍诲听, respectively, in friend-of-the-court briefs on behalf of the baker.

Still, experts and LGBT advocates pointed out that the court left open the larger question of religious refusals, and held out hope that future cases on the issue would come out in their favor.

鈥淚t鈥檚 a victory for equality that the court did not create this constitutional right to discriminate,鈥 said Rebecca Robertson, chief program officer for Equality Texas. 鈥淛ustice Kennedy said in no uncertain terms that the underlying question has yet to be resolved. And so I think we are going to see another case like this at the Supreme Court.鈥

The legal basis for religious refusals is very different in Texas and Colorado.聽The Colorado couple sued the baker under the state鈥檚 public accommodation law, a statewide anti-discrimination statute. But Texas is one of just five states that has no such law 鈥斅爉eaning a couple in a similar situation here would not have had a state law to protect them.

But some Texas cities have anti-discrimination ordinances along the same lines.聽Cities like Austin, Dallas and San Antonio have聽in place for LGBT residents聽鈥斅燼nd those were broadly upheld in Monday鈥檚 ruling, experts said.

鈥淥ne implication of this decision is for the general validity of those acts,鈥 said Lawrence Sager, a constitutional theorist at the University of Texas Law School. 鈥淭he principle says that there is nothing approaching a general right of religious believers to disobey those municipal laws.鈥

When it comes to those local ordinances, though, LGBT individuals鈥 鈥渞emedy is fairly limited,鈥 Robertson said. Those local rules are important, she said, but do not carry the force that a state law would.

LGBT advocates say this ruling spotlights the need for a statewide anti-discrimination law in Texas.聽The decision, advocates say, made it clear that public accommodation laws offer 聽important protections聽鈥 and made it clear that Texas needs to enact one.

鈥淭exas does not have 鈥斅燼nd should have 鈥斅燾omprehensive statewide protections,鈥 said Jennifer Pizer, a Lambda Legal attorney who worked on the organization鈥檚 friend-of-the-court brief. 鈥淭his decision underscores why those laws are important and why the Texas Legislature should pass those laws.鈥

Certain measures 鈥斅爈ike a bill by state Rep.聽, D-Dallas, that would have explicitly protected LGBTQ employees from workplace discrimination 鈥斅燾ome up every session, but聽.

U.S. Rep.聽, the El Paso Democrat challenging Cruz for his U.S. Senate seat this year, also said the Masterpiece Cakeshop decision makes clear the need for a federal anti-discrimination law that explicitly protects LGBT people.

鈥淚 don鈥檛 think you can be too gay to buy a cake,鈥 the congressman聽. 鈥淟et’s end this discrimination. Let’s pass the Equality Act. Let’s ensure equal justice under law for LGBTQ Americans.鈥

Advocates also worry that this ruling could bolster Texas lawmakers who champion 鈥渞eligious refusal鈥 laws to file more in 2019.聽The Texas Legislature considered a slew of religious refusal laws in 2017 鈥斅燽y an ACLU count, lawmakers weighed 17 bills that would have would have discriminated against LGBT individuals in the name of religious freedom. Perhaps the most noteworthy of those bills was聽, a measure that聽聽religious welfare providers to deny adoptions and other services to LGBT people. That law聽聽California to block state-funded travel to Texas.

While the court didn鈥檛 issue a blanket protection for religious refusals, Monday鈥檚 decision will only empower lawmakers who favor such measures to file more in the future, Robertson said. That would follow a pattern she said emerged after the high court ruled in the landmark Obergefell case that same-sex couples have the right to marry.聽After that decision, she said, there was a backlash of discriminatory measures from Texas lawmakers.

鈥淧eople who advance those arguments are going to take this case as support and justification [for religious refusals],鈥 Robertson said. 鈥淲hen there is a really clear [pro-LGBT] ruling from the Supreme Court, the Texas Legislature comes back and tries to think of ways to legislate around that ruling, or legislate in a way that ignores the ruling.鈥

Disclosure: Rebecca Roberston, Equality Texas and the University of Texas at Austin have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them聽.

This article in The Texas Tribune.

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What the U.S. Supreme Court’s Masterpiece Cakeshop Decision Means for Religious Refusal Laws in Texas