The Masterpiece Cakeshop Decision

The Supreme Court has decided in favor of the Colorado baker who declined to make a wedding cake for gay wedding.

The Supreme Court ruled Monday in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple, in one of the most closely watched cases of the term.

In a 7-2 decision, the justices set aside a Colorado court ruling against the baker — while stopping short of deciding the broader issue of whether a business can refuse to serve gay and lesbian people. The opinion was penned by Justice Anthony Kennedy, who is often the swing justice in tight cases.

The narrow ruling here focused on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips.

“The Commission’s hostility was inconsistent with the First Amendment’s guarantee that our laws be applied in a manner that is neutral toward religion,” Kennedy wrote in his majority opinion.

 

There is a lot that has been written about this decision in the weeks since it has been handed down by the Supreme Court, and I don’t imagine I have too much to contribute to the discussion. Still, There are three or four comments I would like to make about it.

First, Jack Phillips did not refuse to serve the couple because they were homosexuals. He did not tell them that he didn’t serve their kind, as the couple asserted and he actually offered to sell them any pre-made cake in his store. What Mr. Phillips refused to do was to use his artistic talent in a way that was against his religious beliefs. He would not decorate a cake for a gay wedding because his religious beliefs were in opposition to gay weddings. Evidently, Mr. Phillips has long made a practice of refusing to go against his religious values, refusing to decorate cakes with adult themes or even cakes for Halloween.

This is not the same as refusing to allow Blacks to sit at a lunch counter, or forcing someone to sit at the back of the bus. It is more like a gay baker not wanting to bake a cake labeled, “God hates fags” for the Westboro Baptist Church. No one’s rights were being infringed because Jack Phillips declined to decorate a cake for a particular occasion. No one has the right to compel Jack Phillips to bake a cake for a particular occasion.

Second, you might ask how I would feel if someone would refuse to provide some such service to me. Well, I would be upset, of course, and would probably not patronize that particular bakery, or whatever, again, but I would not take them to court to force them to serve me. In fact, I would fight for the right of any baker to refuse to serve me.

Why would I do that?  Well, I wouldn’t want someone to be forced to bake a cake for me because would be afraid of getting the Yelper Special.

But, aside from that, I would support their right to refuse me service for a very simple reason, which leads into my third comment. It seems to me obvious that a government or a court with the power to force someone else to do something I like but they detest has just as much power to force me to do something I would prefer not to do. A government that can mandate a Christian baker to bake a cake for a gay wedding can just as easily force people to follow  Christian,values, whether they want to or not. It is simply astonishing to me that no one ever seems to consider this simple factor.

I have noticed that a lot of the people who believe that a “bigot” like Jack Phillips should be forced to bake the cake are also convinced that Donald Trump is a would-be Fascist dictator, or that the conservative Christians or alt-right racists, or both, are on the verge of taking over this country and eliminating all freedom. If this were even the remotest of possibilities, why on Earth would these people want to give any potential oppressors the tools they need to practice repression? Wouldn’t we be a lot safer with a smaller, more limited government that lets people live in peace. We would have less to fear from any dictator if the government had less influence on our daily lives.

And last, it is something of a scandal that this Supreme Court decision was a 7-2 decision. It ought to have been 9-0. If previous presidents had appointed Supreme Court justices who put the words and intent of the constitution first and their political ideology second, this decision,  and many similar decisions, would have been 9-0. But, consider this any conservative Never-Trumper who might be reading this. If Hilary Clinton were president and had appointed a Justice to replace Antonin Scalia, this decision could very well have been 6-3, with worse to come as Clinton would managed to appoint more Justices. Whatever you may think of Trump’s shortcomings, especially his boorish personality, there is no doubt that the cause of liberty has been better served by his winning the presidency than his opponent.

 

Advertisements

Tags: , , , ,

Questions, comments, praise

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.


%d bloggers like this: