The Colorado baker whose case the Supreme Court finally heard, has won only a reprieve and not quite a victory. “SCOTUS” ruled on the improprieties of how the Colorado Commission on Discrimination treated baker, Jack Phillips, during its proceedings and the ruling that followed, not on the right to withhold certain aspects of his services on the basis of religious belief. The larger fight looms.
Another case may be decided this month, as well, concerning a florist who refused to create bouquets and other floral displays for a same-sex wedding.
Then there is the “Sweet Cakes by Melissa” case where the family-operated bake shop was unmercifully attacked, boycotted and broken-into after a lesbian couple was denied a custom wedding cake. Oregon chipped in with its own punishment by fining the Greshams, themselves, $135,000.
So far, the arguments have been religious in nature and they, it seems Prudent to say, will eventually fail. The anti-religious, or, at least, anti-spiritual socialist power structures in place in the U. S. and the various states, cannot accept religious belief as the basis for any public act, since it can’t be touched, tasted or seen… or taxed. Through the looking-glass, however, these same happily accept the self-declared conditions grouped under “LGBT” even though they are equally un-provable beyond the declarations of adherents. Prudence finds it difficult to discern the logical distinctions; aside from the political.
The winning arguments, and those which may be legally definable – codifiable – will have to follow this path: public accommodation can be satisfied by requiring any retailer to sell its generic products to anyone who wishes to buy them; retailers will be allowed to retain their right to deny application of their artistic skills that would customize products for purposes they find offensive.
That is, no government should be able to COMPEL anyone to exercise creativity, imagination, or hard-learned and long-practiced skills unique to that individual. For skills and abilities that are widely held in the area of trade a store represents, it is reasonable that products produced thereby may not be restricted from sale to anyone who is able to pay for them. How the new owner of a product then decorates or uses the product – cakes or otherwise – is no concern of the original fabricator… or baker.