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Even if the First Amendment Doesn’t Protect Cake-Decorating as Speech, Why Bully the Bakers?

Tomorrow the Supreme Court hears the case of Masterpiece Cakeshop, whose owner, Jack Philips, declined on religious grounds to bake a cake for a gay wedding. The couple who had wanted to commission the cake reported Philips to the Colorado Civil Rights Commission, which determined he violated non-discrimination law; his lawyers claim that punishing him violates his freedom of speech. While Phillips’s case is legally unconvincing, asserts George F. Will, his accusers’ behavior is abhorrent:

A cake can be a medium for creativity; hence, in some not-too-expansive sense, it can be food for thought. However, it certainly, and primarily, is food. And the creator’s involvement with it ends when he sends it away to those who consume it. Phillips ought to lose this case. But Charlie Craig and David Mullins, [the couple] who sought his punishment, have behaved abominably.

To make his vocation compatible with his convictions and Colorado law, Phillips has stopped making wedding cakes, which was his principal pleasure and 40 percent of his business. He now has only four employees, down from ten. Craig and Mullins, who have caused him serious financial loss and emotional distress, might be feeling virtuous for having done so. But siccing the government on him was nasty.

Denver has many bakers who, not having Phillips’s scruples, would have unhesitatingly supplied the cake they desired. So, it was not necessary for Craig’s and Mullins’s satisfaction as consumers to submit Phillips to government coercion. Evidently, however, it was necessary for their satisfaction as asserters of their rights as a same-sex couple.

Phillips’s obedience to his religious convictions neither expressed animus toward them nor injured them nor seriously inconvenienced them. Their side’s sweeping victory in the struggle over gay rights has been decisive, and now less bullying and more magnanimity from the victors would be seemly.

Read more at Washington Post

More about: American law, First Amendment, Freedom of Religion, Freedom of Speech, Gay marriage, Religion & Holidays

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic