Ten years ago, a Colorado baker turned away a gay couple, saying that a state law forbidding discrimination based on sexual orientation must yield to his faith. Now, similar case has challenged the same Colorado law via the nytimes
The New York Times
“He’s an artist,” Smith said of Phillips. “I’m also an artist. We shouldn’t be punished for creating consistently with our convictions.” The court that will hear those arguments has been transformed since the 2018 decision. After Kennedy’s retirement later that year and Justice Ruth Bader Ginsburg’s death in 2020, the Supreme Court has shifted to the right and been exceptionally receptive to claims of religious freedom.
Smith, in an interview in her modest but cheerful studio in an office building in a suburb of Denver, sat near a plaque that echoed a Bible verse: “I am God’s masterpiece.” She said she was happy to create graphics and websites for anyone, including LGBTQ people. But her Christian faith, she said, did not allow her to create messages celebrating same-sex marriages.
Phillips’ limited victory left unresolved whether he has a constitutional right to refuse to create custom cakes for LGBTQ people. Indeed, a Colorado appeals court recently heard arguments in his appeal of a ruling against him in a case brought by a transgender woman. The two Colorado cases differ in another way, at least in the eyes of some legal scholars, notably Dale Carpenter, a law professor at Southern Methodist University. In the Masterpiece Cakeshop case, Carpenter filed a brief supporting the gay couple along with Eugene Volokh of the University of California, Los Angeles.
“Cake making is neither an inherently expressive nor a traditionally expressive medium,” Carpenter said. “People make cakes for taste or nutrition.”
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