Today's move to send the case back to the Oregon state courts is something of a surprise, because this case had been pitched all along as raising the broader constitutional question that the Justices ducked last year in the Masterpiece Cakeshop case, by asking the state courts to reconsider their ruling in light of Masterpiece Cakeshop, the justices are, in effect, asking the Oregon courts if a similarly narrow basis is available for resolving this case -- even though the parties have framed the case as presenting a broader conflict between the constitutional rights to religious liberty and same-sex marriage.
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