December 6, 2017

STRIP AWAY THE VIRTUE SIGNALLING AND YOU'RE LEFT WITH THE QUESTION...:

Four Promising Takeaways from the Masterpiece Cakeshop Oral Argument (David French, December 5, 2017, National Review)

First, Kristen Waggoner, the ADF attorney arguing for Jack Phillips strongly and clearly made the most vital point -- the issue was the artistic message, not the identity of the customer. Here's a key part of the transcript:

JUSTICE GINSBURG: What if -- what if it's -- if it's an item off the shelf? That is, they don't commission a cake just for them but they walk into the shop, they see a lovely cake, and they say we'd like to purchase it for the celebration of our marriage tonight. The Colorado law would prohibit that. Would you claim that you are entitled to an exception?

MS. WAGGONER: Absolutely not. The compelled speech doctrine is triggered by compelled speech. And in the context of a pre-made cake, that is not compelled speech.

In other words, Masterpiece Cakeshop not only serves gay customers, it would sell a gay couple a wedding cake. What he won't do is use his artistic talents specifically and intentionally for the purpose of celebrating a same-sex union. That's the vital distinction. That's what implicates the compelled speech doctrine. Good on Waggoner for making the distinction up front.


...should Colorado be able to compel the owner of a Jewish deli to put cheese on roast beef sandwiches for customers who don't keep kosher? 

Posted by at December 6, 2017 7:07 AM

  

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