The Supreme Court is going to decide the issue. Jack Phillips declined to make Craig and Mullins a same-sex wedding cake. Phillips is a devout Christian who had been blasted in a review a year or two previously when his shop refused to make a cake for a Halloween-themed wedding. This time, his refusal may have sounded similar: “Sorry, guys: I’ll make you birthday cakes, shower cakes, sell you cookies or brownies, but I just don’t do cakes for same-sex weddings.”
This is not just about Christians though. Many religions have the same beliefs about same-sex marriage. We all know that the first amendment says that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech …” We will see!
“In the meantime, legal decisions founded on these principles inevitably convict the Christian plaintiff. Phillips and those like him can scarcely argue that they do not object to the celebration of homosexual eros intrinsic to every same-sex wedding. And when one is not allowed to mention the nature of the cake being made, arguments from freedom of religion or freedom of speech cannot point to the very object of expression and offence to conscience that the Christian is being sued for refusing to make.
“Supreme Court Justice Anthony Kennedy, is, of course, expected to be the swing vote, but the reasoning above relies extensively on precedents he has authored. Provided the details of the case remain obscure, it may be reasonable to expect that he will swing left, locking the above line of reasoning—or something analogous—into permanent law.
“If this should happen, it will not simply unjustly eject hundreds, perhaps thousands, of Catholics, Muslims, Orthodox Jews, and devout Protestants from any wedding-related businesses they have built. It will set a precedent from our highest court that it is discrimination on account of sexual orientation to publically disfavor any kind of activity that practicing homosexuals “exclusively or predominately” engage in. Given that all the Abrahamic faiths proscribe homosexual action, the decision to come out next year may truly be “religious freedom’s Roe v Wade.”