After reading the articles about the Masterpiece oral argument, I was fairly convinced that the outcome would be a narrow decision for the baker, probably focused on some absurd distinction between bakers and other merchants. That didn’t happen. Instead, we got an even more narrow decision based on indiscreet comments made by various members of the Colorado reviewing panel that has no meaningful precedential value. That was no accident.
The clear message from Justice Kennedy is that gay rights are worthy of protection, but that gay triumphalism won’t be rewarded, and that both sides need to be more tolerant of each other. He believes the issue will become less contentious with time, and that the better course today is to avoid throwing gas on the fire. Frankly, I agree with him.
One other benefit of the decision–it will have an impact on the travel ban case, as the Court will now have a more difficult time explaining away the significance of Trump’s tweets.