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Supreme Court’s cake case pits gay rights versus Christian faith

Supreme Court's cake case pits gay rights versus Christian faith

By Lawrence Hurley

WASHINGTON (Reuters) – When conservative Christian baker Jack Phillips in 2012 politely but firmly told Colorado gay couple David Mullins and Charlie Craig he would not make them a cake to celebrate their wedding, it triggered a chain of events that will climax on Tuesday in highly anticipated U.S. Supreme Court arguments.

Phillips contends the U.S. Constitution’s free speech guarantees protect him from making a cake that would violate his religious beliefs against gay marriage. To Mullins and Craig, the baker’s refusal represented a simple case of unlawful discrimination based on sexual orientation.

In one of the biggest cases of the conservative-majority court’s nine-month term, the justices — just two years after legalizing gay marriage — must decide whether Phillips’ action was constitutionally protected and he can avoid punishment for violating Colorado anti-discrimination law.

A ruling favoring Phillips could open the door for certain businesses to spurn gay couples by invoking religious beliefs, as some wedding photographers, florists and others already have done.

The brief encounter at Phillips’ Masterpiece Cakeshop in the Denver suburb of Lakewood left Mullins and Craig distraught. They filed a successful complaint with the Colorado Civil Rights Commission, the first step in the five-year-old legal battle that the nine justices will resolve in a ruling due by the end of June.

The baker’s lawyers argue that because his cakes are artistic endeavors, guarantees of freedom of speech and expression enshrined in the U.S. Constitution’s First Amendment protect Phillips from being forced to make baked creations that express a message he opposes on religious grounds.

Mullins and Craig were planning their wedding in Massachusetts that September and wanted the cake for a reception to be held in Colorado, where gay marriage was not yet legal. Craig’s mother witnessed the tense exchange, which he said made it harder for him to bear.

“I ended up starting to cry because I felt really bad and overwhelmed that my mom had to see me go through this. I guess it was the feeling of helplessness,” Craig said in an interview.

Phillips said he offered to sell the couple other products in his store but was adamant that his religious beliefs compelled him to draw a line when it comes to certain issues.

‘I SERVE EVERYBODY’

“Everybody that comes in my store is welcome in my store,” Phillips said in an interview. “I serve everybody that comes in and I create products for many events, just not all events.”

Based on his Christian beliefs, Phillips said he also refuses to make Halloween cakes as well as baked goods “that denigrate other people.”

The civil rights commission found that Phillips violated state anti-discrimination law that bars businesses from refusing service based on race, sex, marital status or sexual orientation. It ordered him to take remedial measures including staff training and the filing of quarterly compliance reports.

Phillips said he found the penalty “deeply offensive” in part because until recently his mother was one of his employees.

“I have to tell my mom, ‘Everything you have taught me doesn’t count here,'” Phillips said.

In 2015, the Colorado Court of Appeals also ruled against Phillips. The Colorado Supreme Court subsequently denied his appeal, prompting Phillips to take the case to the top U.S. court.

Evangelical Christians are an important part of President Donald Trump’s political base, and his administration filed a brief in support of Phillips.

The case puts 81-year-old Justice Anthony Kennedy, one of the court’s five conservative, in the spotlight. Kennedy, a potential deciding vote in a 5-4 ruling, has joined the court’s liberals in major decisions on issues such as abortion and gay rights. He authored the court’s landmark 2015 decision that legalized same-sex marriage nationwide. But Kennedy is also a strong proponent of free speech rights.

CULTURAL FLASHPOINT

The case has become a cultural flashpoint in the United States that underscores the tensions between gay rights proponents and conservative Christians.

National advocacy groups have jumped in on both sides. Mullins and Craig are represented by the American Civil Liberties Union. Phillips is represented by the conservative Christian legal group Alliance Defending Freedom.

Similar cases are being litigated in other U.S. courts, and other countries also are confronting the issue. In April, Britain’s Supreme Court will consider whether a Christian-run bakery in Northern Ireland can refuse to make a cake backing gay rights.

In this case and others involving such issues as abortion, union dues and campaign funding, conservatives have relied on free speech arguments before the Supreme Court, but the issue of religious liberty still looms large.

“This is about will the U.S. Supreme Court decide that the fundamental freedoms and liberties that Americans have taken for granted for 200 years are still valid,” said Phillips’ lawyer, Kristen Waggoner.

The ACLU said a ruling favoring Phillips could lead to other efforts to skirt anti-discrimination laws.

“They are asking for a constitutional right to discriminate,” ACLU lawyer Louise Melling said. “This is not a case about a cake. It is a case about a very radical proposition.”

Mullins and Craig did get to celebrate their marriage with a cake made by another bakery. Phillips will once again encounter them on Tuesday, this time in the grand marble halls of the Supreme Court.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Florida man sentenced to 25 years for attempt to blow up synagogue

(Reuters) – A Florida man was sentenced by a U.S. judge on Tuesday to 25 years in prison for trying to blow up a synagogue in the state during a Jewish holiday last year, court officials said.

James Medina, 41, will first be treated at a U.S. prison medical facility for a brain cyst and mental illness before being moved into the general prison population, U.S. District Judge Robert Scola in Miami ruled.

The Federal Bureau of Investigation began watching Medina, who had converted to Islam, after he began expressing anti-Semitic views and a wish to attack a synagogue. They launched an investigation in late March 2016, court documents showed

Medina, who faced up to life in prison, had pleaded guilty in August 2017 to charges of an attempted use of a weapon of mass destruction and an attempted religious hate crime, court documents showed.

“This is a very, very serious offense,” Scola was quoted as saying in court by the Miami Herald.

Medina’s federal public defender, Hector Dopico, declined to comment when reached by Reuters on Tuesday afternoon.

Medina met with an FBI-affiliated confidential informant and explained his plan to attack a synagogue in Aventura, Florida, near Miami, the documents showed.

“Medina wanted to witness the explosion, hearing and feeling the blast from (a) nearby car,” the informant cited Medina as saying, according to the documents.

Asked why he wanted to do it, Medina said he wanted to kill Jews, adding: “It’s my call of duty.”

Medina was supplied with what he thought was an explosive device by federal law enforcement. The device was inert and posed no danger to the public, federal law enforcement said in court filings.

He was taken into custody as he approached the synagogue with the inert device and later admitted to his crimes, they said. No one was hurt.

(Reporting by Jon Herskovitz in Austin, Texas; editing by Bernadette Baum and Diane Craft)

Hundreds of Las Vegas shooting victims file lawsuits in California court

Hundreds of Las Vegas shooting victims file lawsuits in California court

By Tina Bellon

(Reuters) – Hundreds of victims of the Oct. 1 mass shooting in Las Vegas filed five lawsuits on Monday in a California court against the operators of the hotel from which the gunman fired, the organizers of the country music festival he targeted and the killer’s estate.

The largest of the lawsuits was filed on behalf of 450 people who were either injured in or witnessed the shooting, while the other four were brought by families of people who were killed or severely injured.

All five cases were filed in Los Angeles Superior Court.

Muhammad Aziz, a Houston-based lawyer heading the lawsuits, said they were filed in California because nearly all the plaintiffs were from the state and had been treated there. He noted that Live Nation Entertainment Inc, the event organizer, was a California-based company.

Stephen Paddock, 64, fired into the crowd gathered for the Route 91 Harvest Festival from a 32nd-floor hotel suite at the Mandalay Bay Hotel in Las Vegas on Oct. 1, killing 58 people and injuring hundreds more, the worst mass shooting in modern U.S. history. Paddock also killed himself.

The victims accused the hotel operator MGM Resorts International and its subsidiary Mandalay Corp, which owns the hotel, of failing to properly monitor Paddock’s activities, train staff members and employ adequate security measures.

The festival goers also alleged Live Nation was negligent for failing to provide adequate exits and properly train staff for an emergency.

Several lawsuits have previously been filed in the shooting, mostly in Nevada state court. One of those filed on Monday was brought by college student Paige Gasper, who brought the first lawsuit over the mass shooting.

Gasper voluntarily dismissed the Nevada lawsuit on Friday.

Live Nation and MGM did not immediately respond to a request for comment. The companies have previously declined to comment on lawsuits.

Plaintiffs also sued the shooter’s estate for battery and assault. The reportedly wealthy shooter is thought to have had multimillion-dollar real estate investments across Texas and California.

A court hearing about who will be appointed to administer Paddock’s estate is set for Dec. 7.

Slide Fire Solutions, the maker of the so-called bump stock device Paddock used to achieve a near-automatic rate of fire, was named in previous lawsuits over the shooting, but not in any of the suits filed on Monday.

Aziz said Slide Fire was not named because most of his clients supported the right to bear arms.

“We want to focus on hotel and venue security, not turn this into a gun rights case,” he said.

(Reporting by Tina Bellon; editing by Anthony Lin and G Crosse)

German police arrest Syrian suspected of planning bomb attack

German police arrest Syrian suspected of planning bomb attack

BERLIN (Reuters) – German police arrested a 19-year-old Syrian suspected of planning an Islamist-motivated bomb attack in Germany with the aim of killing as many people as possible, the federal prosecutor’s office said on Tuesday.

The man, whose name was given as Yamen A., was arrested in the early hours in the northeastern town of Schwerin. Police searched his home and also those of other people not suspected of being directly involved.

“According to the findings so far, Yamen A. made the decision no later than July 2017 to detonate an explosive device in Germany in order to kill and injure as many people as possible,” the prosecutor’s office said in a statement.

“As a result, he began to procure components and chemicals needed to make an explosive device. Whether the suspect had already envisaged a specific target for his bomb attack is still unclear,” the office added.

There were no indications that he was a member of a terrorist organization, it said. It did not say when he arrived in Germany.

Chancellor Angela Merkel, who is trying to form a new coalition government after elections last month, has come under fire for allowing more than one million people to enter Germany over the past two years – many of them refugees from Syria.

Her ‘open door’ refugee policy saw her conservatives bleed support in the election to the anti-immigration Alternative for Germany (AfD), which won seats in the national parliament for the first time.

The prosecutor’s office said it would give an update on the investigation at 2 p.m. (1300 GMT).

(Writing by Paul Carrel; Editing by Peter Graff)

Brooklyn man sentenced to 15 years prison over Islamic State support

By Jonathan Stempel and Brendan Pierson

NEW YORK (Reuters) – A Brooklyn man was sentenced on Friday to 15 years in prison after pleading guilty to conspiring to provide material support to Islamic State.

Abdurasul Hasanovich Juraboev, 27, was sentenced by U.S. District Judge William Kuntz in the federal court in Brooklyn.

The defendant, an Uzbekistan citizen who once chopped salad at a Brooklyn gyro shop, was one of six people charged in the same case with plotting to aid Islamic State, a U.S.-designated foreign terrorist organization.

Prosecutors sought a 15-year prison term, the maximum possible. Lawyers for Juraboev sought no more than five years, calling him an “unsophisticated, gullible, and lonely young man” who reached “wrong conclusions” about Islam and Islamic State.

Michael Weil, a federal public defender representing Juraboev, declined to comment after the sentencing.

Authorities said Juraboev had in August 2014 posted an online threat to kill then-U.S. President Barack Obama on behalf of Islamic State, and spoke of planting a bomb on Coney Island if the group ordered it.

Juraboev was arrested in February 2015, after buying a plane ticket to fly the next month to Istanbul, Turkey, intending to then travel to Syria to join Islamic State, authorities said.

Two co-defendants, Akhror Saidakhmetov and Abror Habibov, pleaded guilty this year, and charges are still pending against co-defendants Dilkhayot Kasimov, Azizjon Rakhmatov and Akmal Zakirov, court records show. Saidakhmetov faces a Dec. 13 sentencing.

Saidakhmetov was also arrested in February 2015, as he was boarding a plane to Istanbul, authorities said.

The arrests of Juraboev and Saidakhmetov followed roughly five months of interactions between the men and a paid informant posing as being ideologically sympathetic.

Other defendants were charged with conspiring to pay Juraboev’s and Saidakhmetov’s travel expenses.

Another Uzbekistan citizen, Dilshod Khusanov, was in August charged in a separate case with having discussed with Zakirov providing funds for Saidakhmetov’s trip, and helping others join Islamic State or al-Nusrah Front, another militant group.

More than 100 people have faced U.S. charges in connection with Islamic State since 2014.

(Reporting By Brendan Pierson and Jonathan Stempel in New York; Editing by Marguerita Choy)

Pharmacist guilty of fraud, not murder, over U.S. meningitis outbreak

Pharmacist guilty of fraud, not murder, over U.S. meningitis outbreak

By Nate Raymond

BOSTON (Reuters) – A Massachusetts pharmacist was convicted of racketeering and fraud charges but was cleared of murder on Wednesday for his role in a 2012 fungal meningitis outbreak that killed 76 people and sickened hundreds more across the United States.

Jurors found that federal prosecutors in Boston failed to prove Glenn Chin, 49, committed second-degree murder in connection with the deaths of 25 people who were injected with mold-tainted steroids produced at the now-defunct New England Compounding Center.

The federal jury instead found Chin guilty on racketeering, conspiracy and mail fraud charges stemming from his role as the pharmacist who supervised the so-called clean rooms in which NECC’s drugs were made.

The verdict came after a separate jury in March found Barry Cadden, NECC’s co-founder and former president, guilty of racketeering and fraud but similarly cleared him of murder. Cadden, 50, was sentenced in June to nine years in prison.

“No matter what these prosecutors tell you, this was never a murder case, ever, ever, ever,” said Stephen Weymouth, Chin’s lawyer.

He called the verdict a victory, noting that a murder conviction would have exposed Chin to a maximum prison sentence of life. Weymouth said he now expected Chin to receive a prison term no longer than Cadden’s when he is sentenced Jan. 30.

Prosecutors say that 778 people nationwide were sickened after being injected with contaminated steroids produced in unsanitary conditions at Framingham, Massachusetts-based NECC.

The outbreak led Congress in 2013 to pass a law that aimed to clarify the U.S. Food and Drug Administration’s ability to oversee large compounding pharmacies that make custom drugs.

Prosecutors said Chin directed staff in NECC’s clean rooms to skip cleaning despite the presence of insects, mice and mold.

They claimed Chin disregarded the probability that people could die if he failed to ensure drugs were produced in sanitary conditions and were properly sterilized in order to keep up with demand from hospitals nationally for its medicines.

His lawyers countered that Chin never meant for anyone to die. They said blame instead rested with Cadden, who made all of the decisions at NECC and trained Chin on how to produce drugs in the ways that prosecutors contend were unsafe.

Lesser charges were filed against 12 other people associated with NECC. Three have pleaded guilty. A federal judge dismissed charges against two defendants in 2016. Charges remain pending against the rest.

(Reporting by Nate Raymond in Boston; Editing by Andrew Hay)

Boston man found guilty in Islamic State beheading plot

By Scott Malone

BOSTON (Reuters) – A Boston-area man was found guilty on Wednesday of conspiracy to commit acts of international terrorism and supporting Islamic State for a 2015 plot to attack police and behead a conservative blogger who organized a “Draw Mohammed” contest.

David Wright, 28, was found guilty of five criminal charges for planning with his uncle and a friend to behead blogger Pamela Geller. The plot fell apart after Wright’s uncle said he wanted to kill law enforcement officers instead and was shot dead by police.

During a 3-1/2-week trial, federal prosecutors presented evidence that Wright, who lived in the Boston suburb of Everett, had read and viewed copious amounts of online propaganda from the militant group and vowed to join its cause. They also showed evidence suggesting he had been in touch with members of the Islamic State in Syria.

Wright, his uncle Usamaah Abdullah Rahim and friend Nicholas Rovinski had focused their attention on Pamela Geller, the blogger who organized the “Draw Mohammed” contest in Garland, Texas, which she described as an exercise of free speech, though many Muslims consider cartoons of the Prophet Mohammed offensive.

Two gunman attacked that contest and were shot dead, leading Wright and his counterparts to hatch a plan to behead Geller in New York.

(Reporting by Scott Malone; Editing by Andrew Hay)

Trial of Islamic State beheading plot in Massachusetts nears end

BOSTON (Reuters) – The case of a Massachusetts man who prosecutors say plotted to attack police and behead a conservative blogger on behalf of Islamic State nears a close on Tuesday as lawyers make closing arguments.

Federal prosecutors contend that David Wright, 28, along with his uncle and a friend had plotted to kill the woman who organized the 2015 “Draw Mohammed” contest in Garland, Texas, a plan they said unraveled when the uncle lost patience and said he wanted to kill police officers instead.

Wright, who took the witness stand in his own defense last week, testified that his discussions with the other two men about Islamic state were “role playing” that served as a distraction when he was broke, weighed 530 pounds (240 kg), and was living in his family’s home in the Boston suburb of Everett and spending his days playing video games.

“I created a fantasy world,” Wright testified, denying that there had been a plan to kill Pamela Geller, the organizer of the “Draw Mohammed” contest. “I’m beginning to realize how horrible some of the stuff I said was. It makes me really sick.”

Prosecutors said they had been monitoring communications between Wright, his uncle, Usamaah Abdullah Rahim, and friend Nicholas Rovinski, and heard them plot the attack. They also overheard Rahim when he told the pair he planned to kill law enforcement officers, a message that prompted police to try to question him in a supermarket parking lot.

Rahim pulled a knife on the officers, who shot him dead.

If Wright is found guilty of the charge of conspiracy to commit acts of terrorism transcending national boundaries, he could face a life sentence. He is also charged with conspiracy to support a terrorist organization and obstruction of justice, allegedly for telling Rahim to destroy his phone before attacking police, as well as for attempting to destroy all information on his computer.

Geller had organized the Texas event in May 2015 highlighting cartoons of the Prophet Mohammed, images that many Muslims consider blasphemous. Two gunmen had attacked that event and were shot dead by police.

Geller contends her event was intended as a demonstration of the free-speech rights protected by the First Amendment of the U.S. Constitution.

Rovinski in 2016 pleaded guilty to conspiracy charges. Rahim’s family have denied he had shown any signs of radicalization.

(Reporting by Scott Malone; Additional reporting by Nate Raymond; Editing by Leslie Adler)

Michigan governor denies misleading U.S. House on Flint water

Michigan Governor Rick Snyder is seen at a bill signing event in Detroit, Michigan, U.S. on June 20, 2014. Picture taken on June 20, 2014. REUTERS/Rebecca Cook

By David Shepardson

(Reuters) – Michigan Governor Rick Snyder denied Thursday that he had misled a U.S. House of Representatives committee last year over testimony on Flint’s water crisis after lawmakers asked if his testimony had been contradicted by a witness in a court hearing.

The House Oversight and Government Reform Committee wrote Snyder earlier Thursday asking him about published reports that one of his aides, Harvey Hollins, testified in a court hearing last week in Michigan that he had notified Snyder of an outbreak of Legionnaires’ disease linked to the Flint water crisis in December 2015, rather than 2016 as Snyder had testified.

“My testimony was truthful and I stand by it,” Snyder told the committee in a letter, adding that his office has provided tens of thousands of pages of records to the committee and would continue to cooperate fully.

Last week, prosecutors in Michigan said Dr. Eden Wells, the state’s chief medical executive who already faced lesser charges, would become the sixth current or former official to face involuntary manslaughter charges in connection with the crisis.

The charges stem from more than 80 cases of Legionnaires’ disease and at least 12 deaths that were believed to be linked to the water in Flint after the city switched its source from Lake Huron to the Flint River in April 2014.

Wells was among six current and former Michigan and Flint officials charged in June. The other five, including Michigan Health and Human Services Director Nick Lyon, were charged at the time with involuntary manslaughter stemming from their roles in handling the crisis.

The crisis in Flint erupted in 2015 when tests found high amounts of lead in blood samples taken from children in the predominantly black city of about 100,000.

The more corrosive river water caused lead to leach from pipes and into the drinking water. Lead levels in Flint’s drinking water have since fallen below levels considered dangerous by federal regulators, state officials have said.

(Reporting by David Shepardson; Editing by Jonathan Oatis)

Three charged with plotting NY attacks for Islamic State: U.S. prosecutors

By Brendan Pierson

NEW YORK (Reuters) – Three men have been arrested since May of last year on charges of plotting attacks in New York City for Islamic State in the summer of 2016, U.S. prosecutors said on Friday.

The planned attacks, which were thwarted by law enforcement, included detonating explosives in Manhattan’s Times Square and in the city’s subway, according to the office of Acting U.S. Attorney Joon Kim in Manhattan.

One of the men, 19-year-old Canadian citizen Abdulrahman El Bahnasawy, has been in U.S. custody since May 2016, when he was arrested in New Jersey. He pleaded guilty to terrorism charges in October 2016, the prosecutors said.

Talha Haroon, a 19-year-old U.S. citizen, was arrested in Pakistan, where he lives, around September 2016, and Russell Salic, a 37-year-old citizen of the Philippines, was arrested in that country in April of this year, according to Kim’s office.

Prosecutors said they expected Haroon and Salic to be extradited to the United States to face the charges, which include conspiracy to commit acts of terrorism and to support a terrorist organization. If convicted of the most serious charges, they face a maximum sentence of life in prison.

Lawyers for the three men could not immediately be identified.

Prosecutors said El Bahnasawy bought bomb-making materials and helped secure a cabin near New York City from which to stage attacks. They said Haroon planned to travel from Pakistan to help El Bahnasawy carry out attacks, and that Salic helped fund the plot.

According to documents unsealed in federal court in Manhattan on Friday, El Bahnasawy and Haroon planned to carry out attacks during the Muslim holy month of Ramadan, which ran from early June to early July.

El Bahnasawy told an undercover law enforcement officer posing as a supporter of Islamic State that he wanted to “create the next 9/11,” prosecutors said. El Bahnasawy told the officer of plans to detonate a car bomb in Times Square and “shoot up concerts,” according to prosecutors.

Haroon likewise told the officer that Time Square was “a perfect spot to hit them,” prosecutors said.

Salic, who maintained a pro-Islamic State social media presence, told the undercover officer that he had been communicating with El Bahnasawy, and sent the officer about $423 from the Philippines to help pay for the attacks, according to prosecutors.

El Bahnasawy bought bomb-making materials in Canada, and was arrested the same day he came to the United States, the prosecutors said.

(Reporting By Brendan Pierson in New York; Editing by Andrew Hay and Jonathan Oatis)