Gay Cakes for Gay Weddings: Breaking Down the SCOTUS Dilemma in Masterpiece Cakeshop v. Colorado Civil Rights Commission

June 4, 2018

 

 

The Supreme Court has held off on announcing their decisions in several blockbuster cases, making for an exciting season finale this month. From President Trump’s travel ban to gerrymandering, the American people will go into the summer with a lot to chew on. The case which will have the greatest effect on the republic, however, comes from the People’s Republic of Colorado and, for better or worse, will have vast repercussions that will echo through time. Masterpiece Cakeshop v. Colorado Civil Rights Commission will define the boundaries of states to create protected activities for protected classes and potentially clarify a citizen’s right to disassociate on religious grounds or bury that right forever.

 

To summarize, Masterpiece Cakeshop’s owner/pastry chef declined to bake a wedding cake for a same-sex couple’s marriage celebration (same-sex marriage wasn’t legal in Colorado at the time so the couple received their marriage license in another state), citing a religious objection to taking part in a ceremony which he did not approve of. The couple complained to the Colorado Civil Rights Commission (a terrifying name to any conservative), which requested that the baker create the wedding cake under penalty of backbreaking fine. To clarify, the baker said that he would be happy to create a cake for any other reason or sell the couple an existing standardized cake, and offered to refer them to another shop for their requested cake, but the couple decided to call the state instead. Now the Supreme Court must decide if the baker’s religious objections are worth more than the state of Colorado’s perceived obligation to a protected class.

 

The most baffling part of this whole ordeal is that the state of Colorado or any other legal body believes that there’s such a thing as “gay marriage” in the first place. The Supreme Court recognized the legal institution of marriage as now applying to same-sex pairs, but didn’t make a distinction between heterosexual and homosexual couples. Mr. Chief Justice and may it please the court, I submit that, as there is no consummation test in American marriages or any other way to test if the would-be spouses are sexually attracted to each other, there can be no legally recognized gay or straight weddings, merely weddings between those of the same-sex or different sexes. The baker in Masterpiece Cakeshop v. Colorado’s religious objection was to participating in a same-sex wedding, which cannot be viewed as an opposition to the existence of the gay couple because his objection would stand if two heterosexual people wished to have a same-sex wedding, which is well within the realm of possibility.

 

To put it another way, imagine if the baker in this case is a particularly zealous Jehovah's Witness who doesn’t recognize or celebrate birthdays for religious reasons. He refused, as a rule, to create birthday cakes for any customers. Therefore, he rejected birthday cake orders from all customers, gay or straight on religious grounds. Could the Colorado Civil Rights Commission compel the baker to break his mortarium on birthday cakes simply because that blanket refusal means he won’t bake a birthday cake for a gay man? Certainly not. In that same way, the Commission cannot compel the baker to give up his religious objections to baking cakes for same-sex weddings simply because a homosexual couple feels particularly put-upon.

 

Our nation’s super-legislature and its robed gods must uphold the right of every American of conscience to live his or her life according to his or her beliefs by finding in favor of Masterpiece Cakeshop and against the tyrannical Colorado Civil Rights Commission.

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