An LGBT cake artist in Detroit was recently asked to create a custom cake with a religious message criticizing same-sex marriage. After she declined to express that message, the customer alleged she had illegally discriminated against him based on his religion. The situation presents an interesting reversal of roles to those faced by Christian cake artist Jack Phillips , and as we search for peace in our diverse and polarized nation, it also presents a perfect opportunity for us to ask: How do public accommodation laws interact with the First Amendment? And how should government apply those laws to protect the rights of all Americans? After his greatly publicized victory at the U.S. Supreme Court in 2018, Phillips was immediately targeted by two more hostile legal actions. Both those actions spurred from a call that Phillips’ shop had received on the same day that the Supreme Court decided to hear Phillips’ first case. Knowing that Phillips was a devout Christian, a local attorney and activist asked Masterpiece Cakeshop to create a custom blue and pink cake celebrating a gender transition. Turns out that this attorney had targeted Phillips before, sending him hurtful emails back in 2012 calling him a […]
