Episode 202: Jack Phillips of Masterpiece Cakeshop vs Freedom of Conscience

May a dress designer refuse to do business with Melania Trump? May a baker refuse to create a cake with a racist message? May that same baker also refuse to create a cake celebrating a same-sex marriage?

The answers, in the liberal culture of the day, are inconsistent. Apparently, the government forcing you to violate your conscience is appropriate when the Left deems it so. Jack Phillips of Masterpiece Cakeshop has been taken to court over that last question, and his case has made it all the way to the Supreme Court. Arguments will be heard on December 5th.

In this episode, I give the background of this case, and explain how the framing of this issue by the ACLU and the Left is completely dishonest (and why we should all hope Jack wins).

Mentioned links:

Masterpiece Cakeshop v. Colorado Civil Rights Commission [Alliance Defending Freedom]

Why I’m asking the U.S. Supreme Court to protect artistic freedom

The Masterpiece Cakeshop Supreme Court Case Is One Piece of a Much Larger Attack on LGBTQ Lives

Episode 171: How Free Are You to Run Your Business?

Show transcript

On December 5th, 2017, the Supreme Court of the United States will hear the case of Masterpiece Cakeshop vs. Colorado Civil Rights Commission. Let me explain some of the background.

Jack Phillips, owner of Masterpiece, will sell anyone any ready-made cake in his shop. Anyone. Any cake. Separately, he will sit down with them and design a custom-made cake, a cake that will communicate a special message for some special occasion.

When performing that second role, Jack Phillips is an artist. If you don’t believe me, try catching the TV show “Cake Wars” on the Food Network. Bakers are challenged to create cakes on a particular theme or to communicate a particular idea or message. Yes, I’ve actually seen it. But in order to properly judge Jack’s artistic ability, you should, too.

Now Jack has his own standards as to what messages he will and won’t be commissioned to create. These standards are informed by his Christian faith. For example, he won’t create a Halloween cake. Some in the Christian community, including Jack, don’t see it as proper to celebrate what is essentially a holiday with Satanic overtones. That’s not a hard and fast rule in Christianity, but for Jack, that’s his belief. There are other kinds of cakes he won’t create either, such as for celebrating a divorce, or any containing alcohol, or any that are racist. He won’t make lewd cakes for a bachelor or bachelorette party.

In this respect, he is similar to another entrepreneur with her own standards. Dress designer Sophie Theallet designed items for Michelle Obama, but refuses to make dresses for Melania Trump. Her standard is informed by her politics, and because of that she won’t do anything that even appears to support President Trump.

Are we OK so far? Has either of these artists crossed a line? If you think they have, or especially if you think one has but not the other, leave me some feedback explaining why. But let’s move on to the point of contention.

Back in 2012, two men went to Masterpiece Cakeshop and talked with Jack Phillips about creating a custom cake for their same-sex wedding. Jack politely declined, but he offered to sell them any other cake in the store. Instead, they left and brought him before the Colorado Civil Rights Commission. In December 2013, a judge for the commission ruled that Phillips discriminated against the couple and ordered him to change his store policy a...