Another cake maker, this time in Colorado, was sued for refusing to provide a cake for a same-sex wedding celebration. Judge Robert N. Spencer ruled that Jack Phillips of Masterpiece Cakeshop discriminated against the couple based on their sexual orientation, and would be fined in the future if he ever refused to provide a cake to another same-sex couple again. He wrote, “At first blush, it may seem reasonable that a private business should be able to refuse service to anyone it chooses. This view, however, fails to take into account the cost to society and the hurt caused to persons who are denied service simply because of who they are.” So the law can force a man to violate his conscience just so someone else’s feelings don’t get hurt? What about Jack Phillips’ feelings? Should the law protect him from feeling bullied by the government? Surely his feelings are hurt at the prospect of having to close his business. I don’t see his feelings being taken into consideration. And finally, Jack Philips is not denying them service “because of who they are,” but because of what they are doing. It’s not as if Jack Phillips refuses to make birthday cakes for people who are gay. He is refusing to provide a cake that will be used to celebrate an action that he considers immoral. There is a big difference. But I don’t expect the law to recognize such distinctions anymore.
Just more of the same.
Update 8/24/15: A Colorado Court of Appeals ruled against Jack Phillips on the grounds that he is free to believe whatever he wants, but he is not allowed to act on those beliefs by refusing service to people with a homosexual orientation. Oddly enough, Mr. Phillips isn’t discriminating against anyone’s sexual orientation. He has no problem baking cakes for homosexuals. What he has a problem with is baking cakes for events that promote homosexuality and same-sex marriage.