Published: Sunday, May 6th, 2018 @ 5:46 pm
By: Diane Rufino   ( More Entries )
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    We've all heard of the case of the Christian cake artist who declined to bake a wedding cake for a same-sex couple because of his deeply-held belief in the Biblical view of marriage. What most people don't know are the details of the case.

    For example, the cake artist is Jack Phillips and he and his cakeshop (Masterpiece Cakeshop) were found guilty of discrimination in Colorado, in violation of an anti-discrimination law, at a time not only when the state constitution defined lawful marriage as only between a man and a woman, but also the law stated that no other type of marriage would be legally recognized in the state.

    Also, for example, Phillips himself was discriminated against on account of his particular religious views when the state granted multiple exceptions to other bakers to deny goods and services (ie, to "discriminate") when themes offended their sensibilities.

    You hear people refer to the man at the center of the case as a "Christian baker." What you don't hear is people referring to him as a cake "artist." You will hear this case referred to as one addressing the baker's free exercise of his religion; what you won't hear is that this case is also about his freedom of speech and expression.

    Most people hearing the limited facts gravitate to an issue that they are familiar with - religion v. gay rights - or the Right of one person to the Free Expression of Religion vs. Society's interest in not having certain individuals suffer discrimination. They right away see that the right that the state of Colorado is violating in the case is Phillip's right to live his life according to his religious beliefs. They see that Colorado is more interested in protecting the rights of homosexuals than in upholding the most essential right of all - the First Amendment's religious liberty guarantee.

    As it turns out, the case has not moved forward on that legal theory but rather on one most people would never have anticipated. Instead, the case is one about the scope of the Right to Free Speech and Expression. Under this umbrella of speech and expression, Phillips is bringing in his right to religious liberty by asserting that his religious beliefs, his creed, dictates how he will expresses himself.

    This (long) article seeks to acquaint you with the details and the many issues involved, including its inquest before the Supreme Court.

    The Supreme court must decide whether the First Amendment bars application of Colorado's public accommodations law (aka, the Colorado Anti-Discrimination Act) to compel a person to create expression (here, a wedding cake) that conflicts with that person's sincerely held religious beliefs about same-sex marriage. In other words, it must decide if Phillips deserves an religious exemption under the CADA.

    On Tuesday morning. December 5, 2017, the Supreme Court heard oral arguments in the case (Phillips v. Colorado Civil Rights Commission). I traveled to Washington DC, to the Supreme Court building for this event because I wanted to hear the issues on both sides in order to fully understand this case. I heard the issues and now I believe I understand what the case boils down to, in the minds of the justices.

    It was interesting to learn that the views and concerns of ordinary people are not necessarily the views held by the justices of the Supreme Court

    I snapped the photo above as Jack Phillips emerged from the Supreme Court building with his attorney Kristin Waggoner from the Alliance Defending Freedom (ADF). In their comments to the media and to the groups there in support of their cause, they were optimistic and hopeful. They appreciated the justices' questions and felt their case resonated with Justice Kennedy, the Court's critical swing-vote member.

    I hope the high Court will be able to weed out the critical issues at stake by the time it hands down its opinion next year, on June 26 or thereabouts.

    I. FACTS

    In July 2012, when same-sex marriage was still prohibited in the state of Colorado, residents Charlie Craig and David Mullins decided to get married in Massachusetts, where it was legal. They would return and celebrate with family and friends at a "wedding reception" for themselves in Lakewood, which is a suburb of Denver. When it came time to pick out a cake, they were referred by their wedding planner to the Masterpiece Cakeshop, also located in Lakewood. (The shop is located about 10 miles outside of Denver).

    The founder, owner, and proprietor of Masterpiece Cakeshop is Jack Phillips, a skilled baker and a talented artist. He calls himself a cake artist, and that is what he is known as. But most important for this case, he is also a devout Christian. His religious beliefs guide him in every aspect of his life, including his profession. "My bakery, the work I get to do... they are gifts from God and I want to honor him in everything that I do, including my art. When I finish in this life, I want Him to say: 'Well done. You've been a good and faithful servant." The name "Masterpiece" has particular meaning for him. First, it refers to artistry. Masterpiece Cakeshop indicates that the artistry is in relation to cakes - his cakes are artistic, not mass-produced. Second, the name "Masterpiece" refers to his belief that each person is created as a masterpiece by God. And third, the name "Masterpiece" includes the term "Master" which, as Phillips explains, references the gospel of Matthew which says that 'no man can serve two masters." (Matt: 6:24).

    Phillips believes he is serving Christ with each cake he makes. He especially believes so when it comes to creating wedding cakes. He sees a wedding as a religious sacred event and he knows the particular significance of the cake in the reception ceremony. The feeding of the cake to one another and sharing it with guests is probably the most significant part of the reception (with the giving of the toasts perhaps being the most entertaining!) Historically, the cake was a symbol of good luck, stemming back before Roman times - back to at least 1175 B.C. Of any form of cake, wedding cakes have the longest and richest history. In modern Western culture, the wedding cake serves a central expressive component at most wedding receptions; it not only communicates that the couple is now married, but forms the centerpiece of a ritual in which the couple celebrates their marriage by feeding each other cake and then sharing cake with their guests. Only a wedding cake communicates this special celebratory message; certainly the reception meal doesn't do this, nor does the liquor. Wedding cakes are so essential to a modern wedding that one author suggests, "A memorable cake is almost as important as the bridal gown in creating the perfect wedding." Because they are so important to creating the right celebratory mood, wedding cakes are uniquely personal to the newly married couple and require significant collaboration between the couple and the artist to create the perfect design.

    And so, Phillips devoted himself to creating a special unique cake for each customer, helping to celebrate the religiously sacred union of a man and a woman, and integrating his faith into each creation.