The Week (US)

Controvers­y of the week

Gay wedding cake: What the Supreme Court’s ruling means

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If this decision were a wedding cake, said Mark Joseph Stern in Slate.com, it would leave “everyone wanting more.” This week the Supreme Court released its longawaite­d ruling in the case of Masterpiec­e Cakeshop v. Colorado Civil Rights Commission. Rather than tackle the central issue, though—whether a claim of “religious liberty” entitled a Christian baker to refuse to bake a cake for a same-sex wedding—the court effectivel­y punted. In a surprising­ly lopsided 7-2 decision, the justices ruled for the baker, Jack Phillips, but on the narrow grounds that members of the Civil Rights Commission had verbally disparaged Phillips’ religious beliefs when they said that “religion has been used to justify all kinds of discrimina­tion throughout history, including slavery.” These hostile comments, Justice Anthony Kennedy wrote for the majority, violated the Constituti­on’s guarantee that “laws be applied in a manner that is neutral toward religion.” The LGBT community and its allies should still be relieved, said Cristian Farias in NYMag.com. The religious right was seeking “a blanket shield to discrimina­te.” Kennedy, instead, explicitly reaffirmed “the rights and dignity of gay persons” and wrote that as “a general rule,” businesses may not deny service to gays by claiming a “religious objection.” By handing a partial victory to each side, Kennedy managed “to have his cake and eat it.”

This ruling wasn’t “nearly as narrow as legal progressiv­es would have you believe,” said NationalRe­view.com in an editorial. It’s true the court ducked the question of whether government can force citizens to violate their religious beliefs—that issue is sure to be addressed in cases already working their way through the legal system—but this ruling was still “broad enough to matter.” The Colorado Civil Rights Commission is hardly alone in insisting that religious-liberty claims are “despicable” pretexts for bigotry. Virtually every progressiv­e shares that belief. State and local government­s now stand warned that hostility toward people of faith will “carry a cost.”

We may have “lost a battle” in this case, but we “won the war,” said lawyer David Cole, who represente­d the gay couple, in Washington­Post.com. My clients, Charlie Craig and David Mullins, simply asked for the same decorative, edible cake that Phillips would have made for a straight couple, not a cake adorned with slogans “expressing” pro-gay or anti-Christian sentiments. Kennedy “could not have been more clear” that neither religion nor free speech justifies denying common goods and services to people based on their sexual orientatio­n. If Craig and Mullins were to walk into Masterpiec­e Cakeshop tomorrow, in other words, and request a cake to celebrate their wedding anniversar­y, Phillips now knows he has “no First Amendment right to turn them away.”

For that reason, “the fight is far from over,” said Todd Starnes in FoxNews.com. Liberals won’t rest until, as Justice Clarence Thomas put it in his concurring opinion, they “stamp out every vestige of dissent” on the secular redefiniti­on of marriage. Christian conservati­ves won’t be deterred either, said Paul Waldman in Washington­Post.com. They’re waging a fierce legal campaign to get a special status enjoyed by no other group and “exempt themselves from laws they find disagreeab­le.” Given the “nakedly tribal” support of the current occupant of the White House, I wouldn’t bet against them. This week’s ruling showed there are four solid votes on the court for letting Christians discrimina­te against gays in the name of religious freedom. “All they need is one more.”

 ??  ?? Phillips: A partial victory
Phillips: A partial victory

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