Can anti-discrimination law be overridden by freedom of religion?
In light of this month’s finding in favor of the Colorado baker who refused to make a cake for a same-sex wedding, Supreme Court watchers anticipated a similar decision in the case of Arlene’s Flowers in Richland.
That expectation was dashed, as the court declined to rule on the case. Instead, they sent it back to the Washington State Supreme Court to reconsider.
The core question is whether it’s possible to create a religious carve-out to federal anti-discrimination laws, says New York Times Supreme Court reporter Adam Liptak. And on that topic, the court respectfully declines to comment.