Why Masterpiece Cakeshop Deserves to Win

Aaron Blumer

In any nation that aspires to be free, freedoms will clash, and there will be winners and losers. Speeding laws limit the freedom to drive fast in favor of the freedom to drive safely. Theft laws limit the freedom to take things we want in favor of the freedom to keep what’s ours. In the retail setting, antidiscrimination laws limit the freedom to sell selectively in favor of the freedom to buy what we want without being turned away because the seller doesn’t like “our kind of people.”

Soon, the Supreme Court will rule in the case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (if it hasn’t already by the time this post appears). When it does, it’s likely that one set of freedoms will be protected or expanded, and another set will be limited. Which freedoms should prevail?

Though I’m not a lawyer, several features of the case are clear to me, and they point toward the conclusion that the Court ought to rule in favor of Masterpiece Cakeshop.

Discussion

The Curious Case of the Christian Baker – A Summary of Oral Arguments

TylerR

This article is a short summary of the oral arguments in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, which was argued before the U.S. Supreme Court on December 5, 2017. In the article, I provide a few bits of commentary. But, this is primarily a summary.1 Hopefully, it can spur each of us on to consider the issue of soul liberty in the public square in these troubled times.

Discussion

The Christian Baker’s Unanswered Legal Argument: Why the Strongest Objections Fail

TylerR

Next week, the Supreme Court will hear one of the most important free speech cases in years … Masterpiece Cakeshop v. Colorado Civil Rights Commission involves Jack Phillips, a baker who claims a First Amendment right not to be compelled to design and create custom wedding cakes for same-sex weddings. Many legal commentators think the case is either a very close call or a certain defeat for Phillips.

Discussion

Still in court: Baptist entities & the HHS mandate

SI Filings

“Southern Baptist institutions and other objectors to the six-year-old abortion/contraception mandate are still working to protect their freedom of conscience on a number of fronts after the Trump administration provided aid through a new rule.” BPNews

Discussion

Former fire chief Cochran's rights aired in court

SI Filings

Cochran was fired after he “wrote a men’s devotional book that advocated in a brief section the biblical view of marriage and sexuality, including that homosexual behavior is immoral.” BPNews

Discussion

Wedding cake court case draws varied Baptist responses

SI Filings

“The Southern Baptist Convention’s Ethics & Religious Liberty Commission filed a brief Sept. 7—along with the Christian Life Commission of the Missouri Baptist Convention and others—arguing the “free exercise of religion by secular vocations in the marketplace should be no less protected than sacred vocations in the ministry,” citing the Supreme Court ruling in Burwell v.

Discussion

China Now Arresting Families for Praying at Home

SI Filings

“Many believe that this is a move by the Chinese government to show the state and the world just how serious it is about its new rules regarding regulating religion in order to enhance national security, dismantling and preventing extremism, and curbing the practice of faith by organizations which are not approved by the state.” WRNews

Discussion

Calif. OKs third gender, protects religious liberty

SI Filings

“Pro-family advocates are lamenting California Gov. Jerry Brown’s approval Oct. 15 of a bill expanding rights for individuals identifying as transgender but celebrating his veto the same day of a measure that threatened religious liberty.” BPNews

Discussion