"If you’re secular or a progressive religious person, you might be thinking “yes”—especially in view of a high-profile case that will be heard by the U.S. Supreme Court on
Tuesday (
Dec. 5). Masterpiece Cakeshop vs. Colorado Civil Rights Commission pits the anti-gay-marriage beliefs of a cake baker against the rights of a same-sex couple to live and marry free of discrimination.
It rightly irritates liberals to witness a conservative Christian merchant seeking exemption from laws prohibiting businesses from discriminating against gay people. But even though this and other recent invocations of religious freedom taste bad in progressive mouths, the long view — backward and forward — suggests that religious freedom still has much to recommend it, regardless of how the high court rules on the Colorado baker.
Technically, free speech is the issue in the baker’s case. But there’s no separating Jack Phillips’ anti-homosexuality religious views from the heart of this matter. Indeed, it’s his religious belief that motivated Phillips to say “no” to a gay couple who sought to employ his services for their wedding cake, putting the legal wheels in motion.
To liberal sensibilities, Phillips seems the epitome of an unsympathetic character. The religious group he’s part of — conservative Christians — remains the segment of the population most outside of society’s growing and commendable acceptance of same-sex relationships. Moreover, Phillips is part of a religious demographic that wields outsized power in politics and aligns most closely with a president who is every liberal’s nightmare.
It seems ridiculous to think that this evangelical baker in Colorado is somehow beleaguered and oppressed, in need of constitutional protection if he’s to continue living and believing — and discriminating — as he sees fit. Really, isn’t he the one who’s oppressing?
There’s something valid in this sentiment. It’s true that over the course of our history, vulnerable religious minorities — including nonbelievers — have often been the ones seeking protection under religious freedom and the principle that all citizens should be free to believe, or not, in accordance with their own consciences. Several landmark Supreme Court cases follow this storyline, from Amish people appealing for exemption from mandatory school attendance to conscientious objectors seeking to avoid military combat."
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