Speech, Art, and the Masterpiece Cakeshop
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“Phillips’ petition quotes Barnette that the point is to protect the private citizen from uttering “what is not in his mind.” On this basis the Supreme Court protected from punishment not just students from saying the Pledge, but an automobile owner who covered up the state motto “Live Free or Die” on his license plate.” Center for Vision & Values
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Why Masterpiece Cakeshop Deserves to Win
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.
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DOJ urges Supreme Court to rule for baker in Colorado same-sex wedding cake case
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“The US Department of Justice (DOJ) filed an amicus curiae bief with the US Supreme Court Thursday in support of the Masterpiece Cakeshop” Jurist
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Play On: Supreme Court Gives Christian Schools a Big Victory
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“In its biggest religious freedom case of the year, the US Supreme Court ruled Monday in favor of a conservative Lutheran congregation seeking a state grant for improving its playground. New Justice Neil Gorsuch sided with the majority in the 7–2 vote.” CT
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Justices to Hear Case on Religious Objections to Same-Sex Marriage
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“The Supreme Court agreed on Monday to hear an appeal from a Colorado baker with religious objections to same-sex marriage who had lost a discrimination case for refusing to create a cake to celebrate such a union.” NY Times
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Supreme Court Saves Christian Hospitals from Crushing Pension Payments
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“Unanimous victory for religiously affiliated health care groups will affect 100 lawsuits.”
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Court's hypothetical questions may prove telling
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“The justices — at least some who seemed skeptical of the state’s position — proposed the examples as they considered whether the state’s exclusion of a church-operated daycare center from a playground resurfacing program constitutes religious discrimination.”
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Senate Stops Democrats From Blocking Gorsuch; to Be Confirmed Friday
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“The Senate’s action paved the way to confirm Gorsuch by simple majority, with a vote expected at roughly 7 p.m. on Friday.” CPost
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Gorsuch affirms independence, refuses opinion on Roe
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“Neil Gorsuch defended his judicial independence and refused to express his opinion on U.S. Supreme Court decisions — including Roe v. Wade — during the first two days of hearings on his nomination to serve as a justice.”
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