By Dennis Prager
Tuesday, December 17, 2013
Jack Phillips owns the Masterpiece Cakeshop in Lakewood,
Colo., about 10 miles from downtown Denver. In July 2012, two gay men, Charlie
Craig and David Mullins, asked Phillips to provide the cake for their wedding
celebration. Though same-sex marriage is not allowed in Colorado -- the
Colorado Constitution states that "Only a union of one man and one woman
shall be valid or recognized as a marriage in this state" -- the two men
had been married in Massachusetts.
As acknowledged by all parties, Phillips told the men,
"I'll make you birthday cakes, shower cakes, sell you cookies and
brownies, I just don't make cakes for same-sex weddings."
Jack Phillips is an evangelical Christian, and his
religion does not allow him to participate in same-sex marriages or
celebrations of same-sex marriages.
In other words, Phillips made it clear from the outset
that he does not discriminate based on the sexual orientation of a prospective
customer. He will knowingly sell his products to any gay person who wishes to
purchase his baked goods.
Nevertheless, Craig and Mullins went to the ACLU, which
then sued Phillips. On Dec. 6, administrative law Judge Robert N. Spencer
handed down his decision:
"The undisputed facts show that Respondents
[Masterpiece Cakeshop] discriminated against Complainants [Craig and Mullins]
because of their sexual orientation by refusing to sell them a wedding cake for
their same-sex marriage, in violation of ? 24-34-601(2), C.R.S."
The section of the C.R.S. (Colorado Revised Statutes)
cited by Judge Spencer reads:
"It is a discriminatory practice and unlawful for a
person, directly or indirectly, to refuse, withhold from, or deny to an
individual or a group, because of ... sexual orientation ... the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations of a place of public accommodation."
Thus, under penalty of fines and, potentially, jail:
1. Jack Phillips must participate in an event that the
Colorado constitution explicitly prohibits.
2. He must do so against deeply held religious
convictions.
3. He must do so despite the fact that there are hundreds
of other cake makers in the Denver area.
Those who support this decision argue that religious
principles do not apply here: What if, for example, someone's religious
principles prohibited interracial marriages? Should that individual be allowed
to deny services to an interracial wedding?
Of course not.
Here's why that objection is irrelevant:
1. No religion practiced in America -- indeed, no world
religion -- has ever banned interracial marriage. That some American Christians
opposed interracial marriage is of no consequence. No one assumes that every
position held by any member of a religion means that the religion holds that
position.
2. If opposition to same-sex marriage is not a
legitimately held religious conviction, there is no such thing as a
legitimately held religious position. Unlike opposition to interracial
marriage, opposition to same-sex marriage has been the position of every
religion in recorded history -- as well as of every country and every American
state until the 21st century.
3. The Colorado baker made it clear to the gay couple --
as acknowledged by the court -- that he would be happy to bake and sell cakes
to these gay men any other time they wanted. Therefore, he is not discriminating
against people based on their sexual orientation. He readily sells to people he
knows to be gay. What he is unwilling to do is to participate in an event that he opposes for legitimate religious reasons. Until, at
the most, 10 years ago, no one would have imagined that a person could be
forced to provide goods or services for a same-sex wedding.
4. If a baker refused on religious grounds to provide the
wedding cake for a polygamous wedding, should the state force him to do so? If
a baker refused to provide a cake to a heterosexual couple that was celebrating
living together without getting married, should the state force him to?
Some years ago, Jonah Goldberg wrote a bestseller titled
"Liberal Fascism." If you think that title is an exaggeration, read
the book. Or just watch what liberals are doing to those who oppose same-sex
marriage.
In the name of tolerance, the left is eroding liberty in
America.
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