The following excerpt is from an article that originally appeared on Hit and Run Reason
Katherine Mangu-WardIf cake artistry counts as speech, what doesn’t qualify—and how do you tell the difference?
That was the essence of the question the Supreme Court asked this morning during oral arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The case centers on whether a state may, in the interest of preventing discrimination, require a private baker to produce a custom wedding cake for a same-sex marriage celebration.
As Jack Phillips, the baker in question, put it yesterday in a USA Today op-ed, his creations are “not just a tower of flour and sugar, but a message tailored to a specific couple and a specific event—a message telling all who see it that this event is a wedding and that it is an occasion for celebration.” Such a message in the case of a gay union, he wrote, “contradicts my deepest religious convictions.” His lawyers argue that nonetheless forcingpost was originally published on this site