I have no remarks about Masterpiece Cakeshop v. Colorado Civil Rights Commission other than to note that it is an instance of the inability of many Americans to take religion seriously. The purpose of the free exercise clause is to create legal space to enable people to do what their religion demands that they do. The assertion that religion is merely a pretext for bigoted behavior is an explicit violation of the other part of the majority decision in Obergefell v. Hodges which said in part:
…many who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises . . . But when that sincere, personal opposition becomes enacted law and public policy, the necessary consequence is to put the imprimatur of the State itself on an exclusion that soon demeans or stigmatizes those whose own liberty is then denied.
I don’t know how the Court will find. We’re in new territory here and I believe that as a society we would be better served if we considered the questions opened by O v. H with understanding rather than impugning of motives.