Wedding Cakes, Discrimination And Free Speech/Religion

For folks interested in really thinking hard about whether a wedding cake baker can refuse, on First Amendment grounds, to make a cake for a same-sex wedding, Prof. Andrew Koppleman offers this thoughtful article on the subject.  Here’s his opening paragraph:

On December 5, the Supreme Court will hear oral argument in Masterpiece Cakeshop, the case in which a baker claims that free speech protects his right to refuse to make a cake for a same-sex wedding. Although it is impossible to know how the Court will rule, I can confidently predict that if the baker wins, the justices’ explanation will be incoherent.

 



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