This Is a Fight for the First Amendment, Not against Gay Marriage – National Review
This week, the Supreme Court agreed to hear the case of Masterpiece Cakeshop owner Jack Phillips, the man who refused to create a specialty wedding cake for a same-sex couple in Colorado in 2012. The stories that are dominating the coverage distort the publics understanding of the case and its serious implications.
For one thing, no matter how many times people repeat it, the case isnt about discrimination or challenging gay marriage. But when the news first broke, USA Today tweeted, The Supreme Court has agreed to reopen the national debate over same-sex marriage. The headline (like the story) on the website was worse; it read, Supreme Court will hear religious liberty challenge to gay weddings. Others similarly framed the case. (And dont worry, religious liberty is almost always solidly ensconced inside quotation marks to indicate that social conservatives are just using it as a faade.)
There is an impulse to frame every issue as a clash between the tolerant and the closed-minded. But the Masterpiece case doesnt challenge, undermine, or relitigate same-sex marriage in America. Gay marriage wasnt even legal in Colorado when this incident occurred.
Therefore, the Associated Presss headline, Supreme Court to Decide If Baker Can Refuse Gay Couple Wedding Cake, and the accompanying story are also wrong. As is the New York Times headline Justices to Hear Case on Bakers Refusal to Serve Gay Couple, which was later changed to the even worse headline Justices to Hear Case on Religious Objections to Same-Sex Marriage.
A person with only passing interest in this case might be led to believe that Phillips is fighting to hang a No Gays Allowed sign in his shop. In truth, he never refused to serve a gay couple. He didnt even really refuse to sell David Mullins and Charlie Craig a wedding cake. They could have bought without incident. Everything in his shop was available to gays and straights and anyone else who walked in his door. What Phillips did was refuse to use his skills to design and bake a unique cake for a gay wedding. Phillips didnt query about anyones sexual orientation. It was the Colorado Civil Rights Commission that took it upon itself to peer into Phillipss soul, indict him, and destroy his business over a thought crime.
Like many other bakers, florists, photographers, and musicians and millions of other Christians Phillips holds genuine longstanding religious convictions. If Mullins and Craig had demanded that Phillips create an erotic-themed cake, the baker would have similarly refused for religious reasons, just as he had with other customers. If a couple had asked him to design a specialty cake that read Congrats on the abortion, Jenny! Im certain he would have refused them as well, even though abortions are legal. Its not the people; its the message.
In its tortured decision, the Colorado Court of Appeals admitted as much, contending that while Phillips didnt overtly discriminate against the couple, the act of same-sex marriage is closely correlated to Craigs and Mullinss sexual orientation, so it could divine his real intentions.
In other words, the threshold for denying religious liberty and free expression is the presence of advocacy or a political opinion that conflates with faith. The court has effectively tasked itself with determining when religion is allowed to matter to you. Or, in other words, if SCOTUS upholds the lower-court ruling, it will empower unelected civil-rights commissions which are typically stacked with hard-left authoritarians to decide when your religious actions are appropriate.
How could any honest person believe this was the Constitutions intent? There was a time, Im told, when the state wouldnt substantially burden religious exercise and would use the least restrictive means to further compelling interests. Today, the state can substantially burden a Christian because hes hurt the wrong persons feelings.
Judging from the e-mails and social-media reactions Ive gotten regarding this case, people are instinctively antagonistic not only because of the players involved but also because they dont understand the facts. In this era of identity politics, some have been programmed to reflexively side with the person making accusations of status-based discrimination, all in an effort to empower the state to coerce a minority of people to see the world their way.
Well, not all people. In 2014, a Christian activist named William Jack went to a Colorado bakery and requested two cakes in the shape of a Bible, one to be decorated with the Bible verses God hates sin. Psalm 45:7 and Homosexuality is a detestable sin. Leviticus 18:22, and the other cake to be decorated with another passage. The bakery refused. Even though Christians are a protected group, the Colorado Civil Rights Division threw out the case. The American Civil Liberties Union called the passages obscenities. I guess the Bible doesnt correlate closely enough with a Christians identity.
Or perhaps weve finally established a state religion in this country: one run on the dogma of social justice.
READ MORE: Three Thoughts on the Masterpiece CakeshopCert Grant The Supreme Courts Religious-Freedom Message: There Are No Second-Class Citizens Legal Radicals Dont Want the Separation of Church and State
David Harsanyi is a senior editor of the Federalist and the author of The People Have Spoken (and They Are Wrong): The Case against Democracy. 2017 Creators.com
Go here to read the rest:
This Is a Fight for the First Amendment, Not against Gay Marriage - National Review
- California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise. - FIRE | Foundation for Individual... - October 13th, 2025 [October 13th, 2025]
- 'Retaliation For Protected First Amendment Activity' - NASA Workers Union Sues Trump Over 'Unlawful' Effort To Strip Collective Bargaining Rights -... - October 13th, 2025 [October 13th, 2025]
- We took the freedom of speech away: On First Amendment, Trump says quiet part out loud - MSNBC News - October 11th, 2025 [October 11th, 2025]
- Opinion: Why NPRs dispute with CPB really is about the First Amendment - current.org - October 11th, 2025 [October 11th, 2025]
- Jane Fonda Helps Revive Committee For The First Amendment - Honolulu Civil Beat - October 11th, 2025 [October 11th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - the-independent.com - October 11th, 2025 [October 11th, 2025]
- Are KY mans Halloween decorations protected by First Amendment? What experts say - Lexington Herald Leader - October 11th, 2025 [October 11th, 2025]
- National Review : The First Amendment Applies to the Doctors Office, Too - Pacific Legal Foundation - October 11th, 2025 [October 11th, 2025]
- Are College GameDay Signs Protected by the First Amendment? - Freedom Forum - October 11th, 2025 [October 11th, 2025]
- Kirk, Kimmel and the First Amendment | Letter to the editor - Mercer Island Reporter - October 11th, 2025 [October 11th, 2025]
- Jimmy Kimmels First Amendment right to be annoying | Andrew D. Hayes - MassLive - October 11th, 2025 [October 11th, 2025]
- Muslim activists cite First Amendment as defense for vandalizing Texas church with anti-Israel graffiti - Christian Post - October 11th, 2025 [October 11th, 2025]
- When Conversion Therapy Meets the First Amendment: A Landmark Case Before the U.S. Supreme Court - ZENIT - English - October 11th, 2025 [October 11th, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Laconia Daily Sun - October 11th, 2025 [October 11th, 2025]
- A Matter of Fact: The gift of the First Amendment - 9News - October 11th, 2025 [October 11th, 2025]
- Rutherford Co. teacher fired for comments about Kirk files First Amendment lawsuit - The Daily News Journal - October 11th, 2025 [October 11th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Conversation - October 9th, 2025 [October 9th, 2025]
- Mary Rose Papandrea Installed as Burchfield Professor of First Amendment and Free Speech Law - GW Today - October 9th, 2025 [October 9th, 2025]
- Supreme Court Weighs First Amendment Challenge to Colorados Ban on Conversion Therapy for Minors - Law Commentary - October 9th, 2025 [October 9th, 2025]
- 'We took the freedom of speech away:' Trump on flag burning protection, First Amendment - USA Today - October 9th, 2025 [October 9th, 2025]
- Jane Fonda heads celebrity-organized Committee for the First Amendment - The Tufts Daily - October 9th, 2025 [October 9th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - The Independent - October 9th, 2025 [October 9th, 2025]
- CAC Release: Colorado Banned Conversion Therapy Because It Is Harmful. That Conversion Therapy is Accomplished Through Speech Does Not Make Colorados... - October 9th, 2025 [October 9th, 2025]
- Board of Health gets updates in wake of First Amendment audit controversy - Hopkinton Independent - October 9th, 2025 [October 9th, 2025]
- A new lawsuit claims the federal government is infringing on first amendment rights | First Listen - NPR Illinois - October 9th, 2025 [October 9th, 2025]
- Letter to the editor: Beware of abridgement of the First Amendment - The Independent Record - October 9th, 2025 [October 9th, 2025]
- NPPA raises First Amendment concerns over largest drone flight ban ever issued in US - Editor and Publisher - October 9th, 2025 [October 9th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - EL OBRERO | Periodismo Transversal - October 9th, 2025 [October 9th, 2025]
- Cancel culture is undermining the First Amendment and the press is helping | Column - Tampa Bay Times - October 7th, 2025 [October 7th, 2025]
- Charlie Kirks Death Has Created New Debates Around The First Amendment - Religion Unplugged - October 7th, 2025 [October 7th, 2025]
- FBI Cuts Ties With Southern Poverty Law Center, Anti-Defamation League After Conservative Complaints - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- How Unique is the First Amendment? featuring Floyd Abrams Harrington School of Communication and Media - The University of Rhode Island - October 7th, 2025 [October 7th, 2025]
- Apple and Google Block Apps That Crowdsource ICE Sightings. Some Warn of Chilling Effects - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- Iconic First Amendment Attorney To Offer Forecast 2026 Keynote - Radio & Television Business Report - October 7th, 2025 [October 7th, 2025]
- Opinion: Local journalism is too important to give up on, and the First Amendment is too important to surrender - Anchorage Daily News - October 7th, 2025 [October 7th, 2025]
- The Trump administration is waging a systematic assault on First Amendment - The Durango Herald - October 7th, 2025 [October 7th, 2025]
- Press, protesters sue Trump administration over First Amendment violations at ICE facility in Broadview - Yahoo - October 7th, 2025 [October 7th, 2025]
- SCOTUS To Consider Whether Conversion Therapy Bans Violate First Amendment - GO Magazine - October 7th, 2025 [October 7th, 2025]
- California educators First Amendment rights face test in wake of Charlie Kirks killing - EdSource - October 4th, 2025 [October 4th, 2025]
- Reagan-Appointed Judge Calls Out Trumps Full-Throated Assault on the First Amendment - Democracy Docket - October 4th, 2025 [October 4th, 2025]
- Federal judge overturns part of Fla. book-ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - Middle... - October 4th, 2025 [October 4th, 2025]
- Senators Blumenthal and Warren on First Amendment and the FCC - C-SPAN - October 4th, 2025 [October 4th, 2025]
- A Word From Legal: Social Media, the First Amendment, and You - Maryland State Education Association - October 4th, 2025 [October 4th, 2025]
- League of Women Voters spotlights First Amendment - Midland Daily News - October 4th, 2025 [October 4th, 2025]
- A grave dancing teacher tests the First Amendment in San Jacinto public schools - Orange County Register - October 4th, 2025 [October 4th, 2025]
- Clemson University being sued, claiming the school violated First Amendment - WLTX - October 4th, 2025 [October 4th, 2025]
- First Amendment invoked in bid to demolish Holy Cross Catholic Church. Here's what historic board decided - IndyStar - October 2nd, 2025 [October 2nd, 2025]
- Is counseling entitled to protection under the First Amendment? - American Psychological Association (APA) - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches Committee for the First Amendment With Support of 550 Celebrities Including Pedro Pascal, Viola Davis and More - Variety - October 2nd, 2025 [October 2nd, 2025]
- US stars back relaunched Committee for the First Amendment - Music Ally - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda reboots Committee for the First Amendment: Artists must speak out before its too late - The Hill - October 2nd, 2025 [October 2nd, 2025]
- Nearly 80 years after McCarthyism, Jane Fonda relaunches Committee for the First Amendment: The stakes are too high - CNN - October 2nd, 2025 [October 2nd, 2025]
- Full-throated assault on the First Amendment: Judge rips into Trump over attempts to deport pro-Palestinian academics - CNN - October 2nd, 2025 [October 2nd, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Montpelier Bridge - October 2nd, 2025 [October 2nd, 2025]
- Rhode Island Latino Arts vs. the Trump administration: Inside a First Amendment court battle - Rhode Island PBS - October 2nd, 2025 [October 2nd, 2025]
- LETTER TO THE EDITOR: School district doesnt believe in First Amendment - Rogue Valley Times - October 2nd, 2025 [October 2nd, 2025]
- Judge Finds the Trump Administration Unconstitutionally Targeted Noncitizens Over Gaza War Protests - First Amendment Watch - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches the Committee for the First Amendment with 550+ Signatories (Including Me) - The Ankler. - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches McCarthy-Era Committee For The First Amendment With Support Of 550 Celebrities Including Barbra Streisand, Pedro Pascal, Ben... - October 2nd, 2025 [October 2nd, 2025]
- Committee to Protect Journalists calls on FCC chair to respect First Amendment rights, press freedom - Editor and Publisher - October 2nd, 2025 [October 2nd, 2025]
- Trump is targeting the First Amendment rights of all Americans - The Contrarian - October 2nd, 2025 [October 2nd, 2025]
- Sens. Blumenthal and Warren Hold Forum on First Amendment and FCC - C-SPAN - September 30th, 2025 [September 30th, 2025]
- The First Amendment Applies to the Doctors Office, Too - National Review - September 30th, 2025 [September 30th, 2025]
- Readers respond: Stand strong for First Amendment - OregonLive.com - September 30th, 2025 [September 30th, 2025]
- The First Amendment as a racist weapon - People's World - September 30th, 2025 [September 30th, 2025]
- Judge Rules MyPillow Guy Mike Lindell Defamed Smartmatic With False Claims on Voting Machines - First Amendment Watch - September 30th, 2025 [September 30th, 2025]
- Someone remind Florida universities that you either have a First Amendment, or you dont - Creative Loafing Tampa - September 30th, 2025 [September 30th, 2025]
- A Big Win for the First Amendment in Retaliatory Case Filed Against Journalist Timothy Burke - freepress.net - September 28th, 2025 [September 28th, 2025]
- Guest Post: Your favorite college team is likely to be violating the First Amendment at its stadium - Extra Points - September 28th, 2025 [September 28th, 2025]
- Where America stands on the First Amendment: key takeaways - Free Speech Center - September 28th, 2025 [September 28th, 2025]
- The Trump administrations relationship with the First Amendment - 1A | Speak Freely - September 28th, 2025 [September 28th, 2025]
- Voices of the Newsroom: Is comedy a First Amendment right? - Los Angeles Loyolan - September 28th, 2025 [September 28th, 2025]
- New York Times columnist discusses the state of free speech and the First Amendment at WashU - studlife.com - September 28th, 2025 [September 28th, 2025]
- Does the First Amendment Apply to Hate Speech?: News Article - Independent Institute - September 28th, 2025 [September 28th, 2025]
- In 'Crucial Victory for the First Amendment,' Charges Against Journalist Timothy Burke Dismissed - Common Dreams - September 28th, 2025 [September 28th, 2025]
- The First Amendment: 7 things you need to know - baldwin-bulletin.com - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel Thanks Trump for Record Ratings After Suspension; Julia Louis-Dreyfus Brings Host a Puppy Whos a Big Fan of the First Amendment - Variety - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel May Be Back. Trumps Attacks on the First Amendment Arent Over - Rolling Stone - September 25th, 2025 [September 25th, 2025]
- How the First Amendment protects Americans speech and how it does not - The Conversation - September 25th, 2025 [September 25th, 2025]
- First Amendment lawyer on Jimmy Kimmel, the FCC and free speech - CBS News - September 25th, 2025 [September 25th, 2025]