Austin American-Statesman

Case of the Christian baker and secular empire can be instructiv­e

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There are fine constituti­onal lawyers who can argue back and forth about the Masterpiec­e Cakeshop case the Supreme Court heard last week, which will determine whether a Christian baker can decline to make a same-sex couple’s wedding cake. The court’s decision will either limit anti-discrimina­tion law or limit First Amendment protection­s, so it’s not surprising that you can find deeply footnoted arguments on both sides.

I’m not going to make a constituti­onal argument for the baker’s rights. I’m going to make a political argument for why our country would be better off if he were left alone to bake his cakes.

The United States has the rules of a democratic republic but, increasing­ly, the cultural divisions of a sprawling Old World empire.

As a conservati­ve Catholic who works in a liberal milieu, I watched this happen after Obergefell v. Hodges. For its opponents, the same-sex marriage ruling was less frightenin­g for what it did than for what they feared might follow: a sweeping legal campaign against the sexual revolution’s dissidents, in which conservati­ve believers would be prodded out of various occupation­s, while their schools and hospitals and charities would be fined and taxed and regulated and de-accredited to death.

And liberals who felt ascendant in the Obama years simply couldn’t accept this fear as something to be managed and assuaged; to them, it was either ridiculous alarmism or a cloak for bigotry. What Rod Dreher called “the law of merited impossibil­ity” dominated the liberal mind: Religious conservati­ves were worrying about attacks on their institutio­ns that would never arrive, and when the attacks did arrive, they obviously deserved it.

Which in turn encouraged religious conservati­ves to vote rather desperatel­y for a celebrity strongman named Donald Trump. At which point the roles reversed, and suddenly it was a certain kind of right-winger who couldn’t understand why blacks, Hispanics and Muslims might feel threatened by the new president, why Trump’s rhetoric might make them fear for their very safety, why causes conservati­ves regarded as procedural­ly neutral exercises in enforcing laws — immigrant roundups, strict voter ID laws — were experience­d as acts of white-identitari­an aggression.

This kind of cycle of incomprehe­nsion and aggression tends to destroy republics if it isn’t broken, if leaders can’t compromise to maintain civic peace, if partisans can’t imagine how the world looks in communitie­s vastly different from their own.

I’ve written before that one hope is a president who behaves like a good emperor, who acts to reassure threatened-feeling out-groups in a way that Barack Obama failed to do and Trump is incapable of even attempting.

But Anthony Kennedy is also an imperial figure, and he has a chance to rule like a good emperor in the Masterpiec­e Cakeshop case, to balance his Obergefell decision with a panic-defusing counterpoi­nt.

Liberalism won the same-sex marriage battle. Religious conservati­sm isn’t going away. We all have to find a way to live together. That goal requires some compromise and magnanimit­y. Here is an opportunit­y: Please, for the sake of the country, leave the baker alone.

 ?? OLIVIER DOULIERY / ABACA PRESS ?? Protesters gather in front of the Supreme Court last Tuesday, the day on which the court heard the case Masterpiec­e Cakeshop v. Colorado Civil Rights Commission over whether a baker can refuse to make a cake for a same-sex wedding.
OLIVIER DOULIERY / ABACA PRESS Protesters gather in front of the Supreme Court last Tuesday, the day on which the court heard the case Masterpiec­e Cakeshop v. Colorado Civil Rights Commission over whether a baker can refuse to make a cake for a same-sex wedding.

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