A while back, I wrote about the Colorado baker being sued for refusing to bake a cake for a same-sex wedding. Since then, the Court has granted cert in the case. Very exciting, especially with the addition of Neil Gorsuch to the bench.
Today, I have a somewhat different opinion about the case, which I got from a Twitter exchange with Ole Miss lawprof Chris Green.
I’m still not convinced that the state is required to make an exemption for the baker by the Free Exercise Clause. But Green’s claim that the Privileges or Immunities Clause protects against unjustified occupational restrictions is interesting to me. Unfortunately, the Privileges or Immunities Clause is dead, at least for now (see The Slaughterhouse Cases).