Supreme Court judge says gay rights case proves vaccine mandate is illegal

Justice Niel Gorsuch wrote in his opinion that, just like selling cakes to gay couples, people have right to a religious exemption from COVID-19 vaccine mandates.

Associate Justice Neil M. Gorsuch; photograph by Franz Jantzen, 2017.
Photo: Wikimedia Commons

In a dissenting opinion, Supreme Court Justice Neil Gorsuch uses the Court’s decision in favor of an anti-gay baker to support his belief in religious exemptions to vaccine mandates.

In the case of Dr. A v. Hochul yesterday, the Court upheld New York State’s mandate that all health care workers be vaccinated against Covid-19, regardless of religious beliefs.

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Gorsuch disagreed that the state had a right to enforce vaccine mandates for everyone and wrote a scathing 14-page dissent to the decision in which he quoted the decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission. 

The bakery owner, Jack Phillips, refused to sell a wedding cake to a gay couple, leading the Colorado Civil Rights Commission to take action against him.

Phillips argued he should be allowed to refuse service based on his strongly-held religious beliefs against homosexuality since, he argued, he knew that the cake would end up being used at a same-sex wedding. He said that his constitutional rights were being violated by being “forced” to treat a same-sex couple on par with mixed-sex ones.

The Supreme Court found for Phillips in a narrow ruling against Colorado, saying the Commission did not act neutrally in the case with regards to Phillips’s religion. The Court did not rule on the overall issues of religious freedom, anti-discrimination laws, and free speech as a whole.

In his dissent for the vaccination case, Gorsuch quoted the Masterpiece Cakeshop decision, where it said…

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