The U.S. Supreme Court heard oral arguments today in a case that could shape the landscape of religious freedom in America for years to come. Attorneys argued before a divided court in the highly anticipated case Masterpiece Cakeshop v. Colorado Civil Rights Commission. The legal battle, which began back in 2012, pits Christian cake artist Jack Phillips against Colorado officials who demand that Phillips employ his artistic talents to create unique wedding cakes for same-sex ceremonies.
Christian legal organization Alliance Defending Freedom (ADF) argued on behalf of Phillips. In a press conference hosted by ADF following the arguments, Phillips said he hoped the Supreme Court would “affirm the freedom of artists to peacefully express themselves in ways consistent with who they are.”
While many people of faith supported Phillips, others vocally opposed his constitutional rights. Religious progressives submitted a brief explicitly asking the Supreme Court to reject his “First Amendment-premised exemption” to Colorado state regulations requiring businesses to participate in same-sex weddings.
Phillips pushed back against this demand in an op-ed published by USA Today on December 4, one day ahead of oral arguments. He asked his opponents “grant me a certain measure of respect” by allowing him to practice his faith in accordance with his rights as an American citizen.
“The First Amendment defends my right to create custom cake art that is consistent with my faith, while declining requests that ask me to celebrate events or messages that conflict with my faith,” Phillips wrote.
Not surprisingly, but disappointingly, the Editorial Board at USA Today published their own editorial on the same day flatly contradicting Phillips’ claim and denying that the Constitution protected him in this situation. “While the First Amendment’s guarantee of freedom of religion and expression are both fundamental rights, neither is unlimited,” the Editorial Board argued.
Plenty of others on both sides of the debate took to social media today. Here are just a few reactions to the Masterpiece Cakeshop case arriving at the Supreme Court today.
Jack speaks to his supporters after oral arguments conclude in #SCOTUS. We’ve got your back, Jack! #JusticeForJack #MasterpieceCakeshop pic.twitter.com/AtpEraS9RW
— AllianceDefends (@AllianceDefends) December 5, 2017
Post-argument rally for #JusticeForJack pic.twitter.com/y9RCG1FhmV
— Casey Mattox – ADF Center for Academic Freedom (@CaseyMattox_) December 5, 2017
The #MasterpieceCakeshop case is important because if we don’t have freedom of conscience, if people aren’t able to act in accordance with their deeply held beliefs, then we have a government that can do absolutely anything. –@drmoore pic.twitter.com/mZ9fX4nfvE
— ERLC (@ERLC) December 5, 2017
A huge crowd joined us on the Supreme Court steps this morning to show their support for Jack and let him know #WeGotYourBackJack. #JusticeForJack pic.twitter.com/xn8caXNfQS
— Rep. Mike Johnson (@RepMikeJohnson) December 5, 2017
I support #JusticeForJack. Freedom of religious conscience is a right #SCOTUS should uphold. #MasterpieceCakeshop
— Senator Roger Wicker (@SenatorWicker) December 5, 2017
Government isn't necessary to supply cakes to gay couples (the market does this just fine). #MasterpieceCakeshop is really about the left finding a way to make protection from emotional harm a constitutional right.
— Robby Soave (@robbysoave) December 5, 2017
Gay wedding cake argument over. Pivotal vote Justice Kennedy sympathetic to plight of LGBT community facing discrimination but harshly criticizes perceived anti-religion bias of Colorado civil rights panel that ruled against baker
— Lawrence Hurley (@lawrencehurley) December 5, 2017
Justice Kennedy, who holds the key vote in Masterpiece Bakeshop, sent sharply contradictory messages at Tuesday’s argument. He called discrimination against gays an affront. And he said the case had been tainted by hostility to religion.
— Adam Liptak (@adamliptak) December 5, 2017
Kennedy appears to view Masterpiece Cakeshop as a case about animus against people of faith.
There is a possibility of a narrow loss for Team Equally, but little chance of a victory.
— Ian Millhiser (@imillhiser) December 5, 2017
At SCOTUS for the Masterpiece arguments. Never fear that you walk alone. #OpenToAll pic.twitter.com/Z9Lq4di0Al
— Laura E. Durso (@TheDursoIsIn) December 5, 2017
Businesses can determine what they sell, but not who they serve. If you sell wedding cakes, you have to sell wedding cakes to everyone. You can't put up a sign that says, "we don't serve your kind here.” #OpenToAll #MasterpieceCakeshop
— ACLU (@ACLU) December 5, 2017
.@HRC is rallying with partners at #SCOTUS today because #MasterpieceCakeshop is one of the most significant Supreme Court cases of the year & could have sweeping consequences for every single #LGBTQ American & millions of others. #OpenToAll pic.twitter.com/YBdzgViCrO
— HumanRightsCampaign (@HRC) December 5, 2017
Joining .@ACLU & .@HRC today to speak up for civil & human rights against discrimination in the #MasterpieceCakeshop case before #SCOTUS. We can’t go back to the days when businesses displayed signs in their windows saying: “Your kind not served here.”
— Rep. Hank Johnson (@RepHankJohnson) December 5, 2017
Personal beliefs do not give business owners the right to discriminate. #MasterpieceCakeshop
— Eric Schneiderman (@AGSchneiderman) December 5, 2017
One person’s religious beliefs should not infringe on their neighbor’s right to live freely and openly. Any public accommodation should be #OpenToAll regardless of sexual orientation, gender identity, race or religion.
— Rep. Joe Kennedy III (@RepJoeKennedy) December 5, 2017
Listen, our marriage will have no effect you. But if you don’t make us a wedding cake, we’re gonna destroy ur business #MasterpieceCakeshop
— Harry Khachatrian (@Harry1T6) December 5, 2017
This case isn't about cake. It's about equality. It's about respect, and human dignity. #OpenToAll #MasterpieceCakeshop #SCOTUS #LGBT pic.twitter.com/AgqLa8TnDq
— Lauryn Gutierrez (@GutzyLo) December 5, 2017
We are rallying to support equal treatment under law. #OpenToAll pic.twitter.com/jvkgDZ4L2V
— People Power (@peoplepower) December 5, 2017
Comment by Brian on December 5, 2017 at 9:46 pm
It always amazes me how in the name of “equality” people can discriminate against people of faith. It also amazes me that in the name of “equality” people justify their sick, immoral & perverted behavior. Say what you want, but it’s the gays and all the other sickos who preach tolerance, but are the most intolerant in the world. Sick, perverted lifestyles do not deserve equality, they need therapy. ( this oughta ruffle a few feathers!)
Comment by Dan Waller on December 6, 2017 at 7:03 am
Thank you for the very well written story on this landmark case. The social media quotes drive home the depth of the Country’s divide. I was completely blown away by the post from ERLC on the importance of freedom of conscience. I realize common sense is in short supply these days, but I think rights of same sex couples can be protected without obliterating freedom of conscience and religious liberty. (Also I was surprised Rep. Hank Johnson D GA wasn’t concerned a cake with two groom statues might tip over.)
Comment by William on December 6, 2017 at 11:04 am
Stalin killed 20 million of his own countrymen who tried to exercise their conscience objections to communism, many on religious grounds. Of course the Soviet Union had no such thing as our First Amendment. Given totalitarian authority, this LGBTQ movement in the USA would not hesitate to use whatever means necessary to bring all in conformity with their beliefs. Will the Supreme Court start us down that road by ruling in favor of Colorado by greatly weakening of significantly altering the First Amendment? Many Americans have no clue how dangerous such a ruling would be. We must pray that the Supreme Court recognizes the abject pearls of such a ruling.
Comment by Dan Waller on December 6, 2017 at 12:09 pm
William, It’s not the LGBTQ movement that is seeking totalitarian authority, it is the Government – local, State and Federal. I don’t fear rights for same sex couples. I fear the Government that uses these issues to restrict the liberties of all citizens.
Comment by William on December 6, 2017 at 3:57 pm
Dan, in your earlier post, you suggest that civil rights of same sex couples can be protected without obliterating freedom of conscience and religious liberty. If that would have been the situation here, then there would be no such case as this before the Supreme Court. This gay couple would have found another baker, got their cake decorated to their tastes, and respected Mr. Phillips’ right to his religious beliefs. But no, Mr. Phillips was targeted by LGBT activists, set up, and consequently hauled before the Colorado Commission because there was never any intention or attempt to respect his religious beliefs —— only a display of abject hatred of him because his beliefs conflicted with theirs. This case demonstrates that the Supreme Court decision legalizing same sex marriage was not enough for the gay movement. Now they’re going after the conscience beliefs of those who do not agree with that decision — and, I’ll say it again, there is not much that they would not stop at in order to deny those with religious objections to same sex marriage that First Amendment freedom to do so. This case is clear proof of that.
Comment by Jim on December 6, 2017 at 4:58 pm
William you are absolutely right about this. I wonder if Rep. Johnson would feel the same if the cake shop owners denied to provide a cake for the celebration of the Grand Dragon of the Ku Klux Klan’s installation dinner.
Comment by Dan Waller on December 6, 2017 at 7:40 pm
William, by civil rights I don’t mean wedding cakes or flowers. I am referring to equal protection under the law. Inheritance law, child custody law, all of the legal rights heterosexual couples have. Can I judge one couple to be more “moral” than another because one is heterosexual and the other homosexual? Jesus instructs us not to judge others.
Comment by William on December 7, 2017 at 8:37 am
Dan, and Jesus also highlighted, held high God’s created order for marriage as that between a man and a woman as recorded in Matthew and Mark. That’s what Mr Phillips believes because his Lord said so. Those same-sex marriage advocates using this as a civil rights issue, which it is not, have demanded that Mr Phillips deny his Lord or have the state compel him to deny his Lord.
Comment by Ted R. Weiland on December 16, 2017 at 7:56 am
To put the ultimate moral say for 325 million people in the hands of a 5 to 4 majority of fickle finite Supreme Court Justices who were not appointed based upon biblical qualifications – now *that’s* not just stupid, it’s insane. But that’s what America was given by the alleged brilliant constitutional framers.
“…’There is hardly a political question in the United States which does not sooner or later turn into a judicial one.’ Alexis de Tocqueville12
“The Supreme Court, composed of one chief justice and eight associate justices, with its power to not only judge the facts of any case but also to interpret, judge, and overrule any “law” passed by Congress (what Dr. Gary North described as “retroactive legitimacy to legislation”13 ), makes the Supreme Court the powerhouse or “big god” of this polytheistic system. Luther Martin, attorney-general of Maryland and one of Maryland’s delegates to the Constitutional Convention, pointed out that the Supreme Court ultimately negates the jury system:….
“The power of the people of the United States of America and their representatives is subject to the Judicial Branch, and ultimately the Supreme Court, which is essentially immune from any kind of censure. The real power or sovereignty of the United States Constitutional Republic resides in a Biblically unqualified and nearly always Biblically adverse five to four majority. The United States government is ultimately under the control and direction of five lawyers. And why not? In 1787, it was predominately lawyers (thirty-four of the fifty-five delegates were lawyers) who framed the Constitution and gave ultimate power into the hands of their own trade….
“North observes that “political conservatives cry out against the concentration of power in the hands of the Supreme Court.”16 But this is only because the Supreme Court’s rulings are predisposed toward liberals. If it were otherwise, political conservatives would have no objections against this concentration of power….”
For more, see Chapter 6 “Article 3: Judicial Usurpation” of free online book “Bible Law vs. the United States Constitution: The Christian Perspective” at http://www.bibleversusconstitution.org/BlvcOnline/biblelaw-constitutionalism-pt6.html.
Then find out how much you really know about the Constitution as compared to the Bible. Take our 10-question Constitution Survey in the right-hand sidebar and receive a complimentary copy of a book that examines the Constitution by the Bible.