Gay wed­ding cake case is also about free ex­er­cise of reli­gion

The Denver Post - - OPINION - Re: James Shaner,

“Supreme Court mas­ter­piece?” July 2 Mario Ni­co­lais col­umn.

Mario Ni­co­lais’ opin­ion on the Mas­ter­piece Cakeshop case, where the owner of a bak­ery re­fused a gay cou­ple’s or­der of a wed­ding cake based on claims of free speech and free­dom of reli­gion, only an­a­lyzes the free speech vs. right to equal­ity part of the case. Nowhere does he dis­cuss the equally im­por­tant con­sti­tu­tional right of the free ex­er­cise of reli­gion. Is a per­son’s free ex­er­cise of reli­gion lim­ited only to Satur­day or Sun­day in­side a per­son’s house of worship but oth­er­wise ig­nored or un­pro­tected in the “mar­ket­place of goods and ser­vices”?

A non-le­gal so­lu­tion go­ing for­ward would be for bak­ers to have fixed menus with stan­dard wed­ding cakes for sale. You want a gaythemed cake? Go to a dif­fer­ent baker with a broader menu. I visit kosher and Mid­dle Eastern res­tau­rants. Should Colorado force them to sell me a BLT? I can just go to McDon­ald’s.

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