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Podcast: Cake Case Leaves Gay Rights Questions Unanswered

CQ on Congress, Episode 106

Gay marriage rights activists hold a giant rainbow flag outside the U.S. Supreme Court before the start of oral arguments on marriage equality on Tuesday, April 28, 2015. (Photo By Bill Clark/CQ Roll Call)
Gay marriage rights activists hold a giant rainbow flag outside the U.S. Supreme Court before the start of oral arguments on marriage equality on Tuesday, April 28, 2015. (Photo By Bill Clark/CQ Roll Call)

CQ Supreme Court Reporter Todd Ruger and University of Colorado Law Professor Craig Konnoth say that the Supreme Court victory of a Colorado baker, who refused to bake a cake for a gay couple, could be short-lived, given the court’s narrow decision in his favor.

“Indeed, if the couple…go back to that same baker tomorrow and suffered discrimination…they could file another suit and that might lead to a completely different outcome,” says Konnoth.

The court’s view of gay rights still hinges on Justice Anthony Kennedy and could shift rightward if President Donald Trump gets a chance to replace him.

 

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