The Christian small business owners involved in these lawsuits have no desire to discriminate on the basis of sexual orientation, nor do they ask for the right to do so.
Not only is there no constitutional warrant for securing ‘dignity,’ but the equal protection of such a right is impossible. Relying on government to ensure it results in state-imposed orthodoxy.
Except for justices Kagan and Ginzburg, an uneasiness about the case was evident to a greater and lesser degree among the other 7 Supreme Court justices.
Cake artist Jack Phillips of Masterpiece Cakeshop delivered the following statement during a news conference Tuesday.
If I encountered an individual morally uncomfortable with participating in an activity with me and my boyfriend, it would be uncomfortable for me to force her.
Most justices first frame the issue by using judicial discretion of one kind or another to remove from consideration the nature of the product requested for a same-sex wedding.
If one’s exposure to the case was limited to the popular media, you might think this case was only about the free-speech rights of wedding-cake makers. It’s much more.
The ACLU characterizes the core issue in Masterpiece as not free speech or the free exercise of religion, but discrimination comparable to racial division in the 1960s.
Since the court’s 1990 decision in Employment Division v. Smith, free exercise of religion no longer gets the protection that free speech does.
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