Elizabeth Clark, Associate Director for the International Center for Law and Religion Studies appeared on BYU Radio’s Top of Mind with Julie Rose to discuss Masterpiece Cakeshop v. Colorado Civil Rights Commission on the day SCOTUS was hearing arguments.
“Tuesday, the high court will hear arguments in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Masterpiece Cakeshop is owned by a Christian baker who refused to design a custom wedding cake for a same-sex couple. That couple and the Colorado Civil Rights Commission say the baker can’t discriminate against customers based on sexual orientation because Colorado has a law against that. But the baker says being forced to design a cake for a gay wedding violates his First Amendment right to freedom of speech and religious expression.”
The root of this case argues freedom of speech versus Colorado’s Accommodation law that states businesses cannot turn people away based on race, gender, or sexual orientation. Professor Clark weighs in saying that the baker claims he cannot bake the cake because of the message the cake sends supporting gay marriage (the baker has also refused to bake cakes for Halloween or divorces as well as cakes that contain alcohol because those cakes violate his beliefs).
The country is currently divided between First Amendment rights versus discrimination. Therefore, Professor Clark states that this decision will be hard to reach. She predicts a 5-4 ruling that could go either way at this point.
To learn more, click the link below to listen to the whole conversation.
Brett Scharffs, Director of the International Center for Law and Religion Studies weighs in on the discussion with an op-ed in the Deseret News: https://www.deseretnews.com/article/865693668/Op-ed-Cakes-gay-rights-and-the-American-flag.html