The Supreme Court’s Decision on the Colorado Cake Case and Why It Should Be Considered a Victory for Both Parties

Image result for masterpiece cakeshop
Jack Phillips, the owner of Masterpiece Cakeshop

The Supreme Court has recently ruled on the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, 7-2 in favor of the Cakeshop. Though many have argued that this case serves to hurt and allow for further discrimination of LGBT individuals based off religion, the ruling is actually a restrengthening of the first amendment of freedom expression (or lack of expression thereof). 

For those not previously aware of the course, the suit arose after a gay couple referred the owner of a Cakery, Jack Phillips to the Colorado Civil Rights Commission after he refused to create a wedding cake for them. The Commission ruled in the couple’s favor, and Phillip proceeded to sue the commission on the grounds of disruption of his freedom of expression of religion. Phillips argued that the cakes he makes are forms of artistic expression, and as such, he should not be made legally obligated to express himself in a certain way if his religious beliefs make him unwilling to do so. 

The decision can be found here. I highly recommend reading it. In it, Kennedy writes the opinion of the court, insisting that making a cake is a form of expression, not a form of service. As such, Phillips should not be under any legal obligation to express himself in any way, especially if it is against his religion. 

I cannot personally agree with Phillips’ evident homophobia, nor do I personally believe his treatment of the gay couple was fair or logical. However, I believe that everything he did was completely legal. People should not be made to say or express themselves in any way, even if it is discriminatory to not do so. 

For this reason, this is a great reaffirmation of civil liberties guaranteed to American citizens by birth. If such liberties were withheld, America would be taken towards another step towards totalitarianism. 

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