US Supreme Court to re-hear immigrant detention rights case


The Supreme Court today announced it will review a decision from the Colorado Court of Appeals that found that a cake shop discriminated against a same-sex couple by refusing to sell them a wedding cake.

Before the ruling, provisions hadn't been for same-sex parents, and in some cases, health officials refused to list a "non-biological spouse" on a newborn's birth certificate.

Jack Phillips, who along with his wife owns Masterpiece Cakeshop in suburban Denver, has argued that a state law compelling him to produce wedding cakes for gay couples, which runs counter to his religious beliefs, violates his right to free speech under the First Amendment.

The 9th U.S. Circuit Court of Appeals ruled that the immigrant detainees and asylum seekers can't be detained indefinitely and that they have a right to a bond hearing every six months.

But it declined to stay the injunctions with regard to the litigants in the cases or "foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States".

"If same-sex couples would like to come in now, they're more than welcome to leave their information and once we get guidance from the Arkansas Supreme Court, we will expedite their request", she added.

On Monday, the Supreme Court said it would consider the merits of the issue in October.

"Echoing the court below, the State defends its birth certificate law on the ground that being named on a child's birth certificate is not a benefit that attends marriage". If everyone on the West Side of Baltimore is equally liable to be murdered there on any given night, then nobody is particularly distinguishable as being at more risk than anyone else, right?

In Monday's ruling, the court said it was returning the case to Arkansas' highest court "for further proceedings not inconsistent with this opinion".

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In 2015, an appeals court in Colorado rejected Phillips' stance, saying that requiring someone to comply with the law is not the same as compelling them to "endorse" something they don't agree with.

A dissent by new Justice Neil Gorsuch, however, said the underlying legal issues are not so black and white.

Wait a minute... I thought we were supposed to be winning these cases now.

The high court's majority disagreed, stating that under its 2015 Obergefell v. Hodges ruling, which struck down gay marriage bans in Texas and other states, "the Constitution entitles same-sex couples to civil marriage on the same terms and conditions as opposite-sex couples".

As is their custom, the justices gave no reasons for deciding not to hear the case.

That decision also applied to the case of Peruta v. San Diego, which involved similar issues.

Colorado is one of the states whose laws protect gay couples, and Jack Phillips, the owner of the Masterpiece Cakeshop in Lakewood, Colo., was charged with violating it.

A Colorado clash between gay rights and religion started as an angry Facebook posting about a wedding cake but now has big implications for anti-discrimination laws in 22 states. But Mullin and Craig complained to the Colorado Human Rights Commission with the help of the American Civil Liberties Union (ACLU), and have prevailed in their case ever since.