The Cake War has reached the pinnacle of its legal battle as the Supreme Court started Oral Argument. Individuals associated with the proceedings are hinting a close Court decision.
To provide some context, the situation goes as follows: A Colorado Baker, Jack Phillips, refused to make a cake for a gay couple by invoking First Amendment protections. Mr. Philips emphasized the right to withhold his creative process when making a cake from scratch.
In response, the Plaintiffs believe that the Defendant Phillips violated an accommodation Statute located within the Colorado Anti-Discrimination Act. Justice Kennedy is the presumed deciding vote. During Oral Argument, Kennedy’s question targeted the Trump Administration’s lawyer who supports Philips (reported by the New York Times):
“He [Kennedy] asked whether a baker could put a sign in his window saying, “We do not bake cakes for gay weddings.” A lawyer for the Trump administration, which supports Mr. Phillips, said yes, so long as the cakes were custom made.
Justice Kennedy looked troubled. “You would not think that an affront to the gay community?” he asked.”
Of course what’s apparent is Kennedy’s attempt to combine LGBT discrimination with “No Colored” signs in the Jim Crow South. And to be frank, what is the difference? Especially when one considers that African-Americans can’t change their skin tone, and moreover, the reality of LGBT traits being inherently biological.
The conservative talking point regarding business rights’ is feeble, and it largely relies on Jon Stossel’s nonsense, i.e., business owners having the right to refuse someone with a mustache. Well, duh, of course, a business owner has the legal right to do so. The “mustached culprit” can read the “No Mustache” sign, return home to shave, and come back without issues.
Why can’t conservatives stop discriminating against people simply looking for a free-market service? What’s so free about that?
Featured Image Via The Daily Beast.
