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Gay Cakes Aren't a Constitutional Right

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By Daniel John Sobieski  /  American Thinker

One wonders what would have happened if the Sweet Cakes by Melissa case involved not the owners refusing to be coerced to violate their religious conscience by providing a cake not to two same-sex people celebrating their union and calling it a marriage, but rather a Muslim bakery being forced to bake a cake decorated with a cartoon picture of the prophet Muhammad covered with bacon sprinkles.

Would the bakery in that scenario be forced to pay a heavy business-killing fine for actually believing that the Founding Fathers meant freedom of religion when they enshrined it in the First Amendment?  Probably not, even if the ruling was made by a liberal Oregon judge who forget that this country was founded by people fleeing religious persecution and governmental war on their religious conscience:

Creative expression in any form is free speech, which, along with freedom of religion, is supposedly protected in the First Amendment.  People should not be compelled to write or say things they do not believe or agree with, whether it be in the form of ink on paper or frosting on wedding cakes.

The Supreme Court has heard oral arguments in a similar case, Masterpiece Cake Shop v. Colorado Civil Rights Commission, in which the shop refused to make a cake for a same-sex couple to celebrate their ceremony, saying it would be an endorsement that would violate their religious beliefs.  The Colorado courts thought otherwise:

In this case, as Jordan Lawrence writes in National Review, the line between providing a service and expressing a view is being deliberately blurred by liberals to destroy both free speech and religious liberty:

The Masterpiece Cakeshop case is different from saying a hotel or restaurant cannot refuse service to people based on their sexual orientation.  Baking is a wedding cake is a creative process, and you cannot force a baker to create something that violates his religious beliefs anymore than you can force a writer to put on paper opinions he or she vehemently disagrees with.

That the judiciary’s attempt to redefine marriage is a looming threat to religious liberty, as observed here, and may lead to an era of religious persecution not seen in since the days of the Roman Empire is seen in the chilling redefinition of the First Amendment’s guarantee of religious liberty by Sen. Tammy Baldwin, Democrat of Wisconsin and the Senate’s only lesbian.

Baldwin made her remarks on the June 27, 2015 broadcast of Up With Steve Kornacki on MSNBC.  In a transcript of her remarks posted on Newsbusters, Baldwin ignored the fact that it was religious persecution in Europe that led to people fleeing here seeking religious freedom on an individual as well as an institutional level:

Baldwin, in arguing that there is no individual right to religious liberty and expression, misreads the Constitution with its mandate saying Congress shall pass no law prohibiting the free exercise of religion.  It is a key phrase in the First Amendment, leading off the Bill of Rights.  These are individual rights fought for in the American Revolution.  These rights are not limited to institutions; rather, they apply to all individuals, just as the Supreme Court has decided that the Second Amendment applies to individuals and not just to state-ordained militias.

Baldwin had been asked the question, “Should the bakery have to bake the cake for the gay couple getting married [sic]?  Where do you come down on that?”  She came down on the side of government coercion and the proposition that church is something you do on Sunday for an hour and otherwise shouldn’t act on your religious beliefs in your daily life.

In Iran, gay “wedding” cake and pizza requests are handled a bit more harshly and with more finality than a simple statement from a business owner that his or her faith won’t allow him to cater the affair.  If two men or two women contemplating attempting a marriage had walked into a Tehran pizza shop like Memories Pizza in Walkerton, Indiana, the pizza shop that refused to cater a hypothetical event attempting to celebrate a wedding between two people of the same sex, hanging in the public square and not a simple refusal would have been a likely outcome.

Crystal O’Connor, member of the family that owns Memories Pizza, told a local ABC news affiliate that she agreed with Indiana’s version of the federal RFRA, signed into law by President Bill Clinton in 1993.  ”If a gay couple came in and wanted us to provide pizzas for their wedding [sic], we would have to say no, “she told ABC 57.  Her beliefs and rights and the beliefs and rights of the owners of Sweet Cakes and Masterpiece Cakeshop should be respected

The Hobby Lobby case revolved around the belief of the owners that people should be free to act on their faith in their daily lives, which includes their business life.  It is a belief shared by many, including the Founding Fathers.  As Investor’s Business Daily observed:

To gay advocates, acting on your sincerely held religious beliefs is bigotry.  They ask that their lifestyles be respected as well as their newly discovered right to the benefits of marriage, found in the “penumbras and emanations” of the Constitution that also gave us the right to abortion.  Neither abortion nor marriage is mentioned specifically in the Constitution, but religious liberty and those who say acting on your faith is bigotry are physicians sorely in need of healing themselves.

Liberals’ definition of religious liberty is not very different from Lenin’s and Stalin’s. Investor’s Business Daily once quoted Cardinal George regarding Obamacare and its imposition of the contraceptive mandate on religious institutions:

One wonders what would happen, or should happen in Sen. Baldwin’s view, if a gay couple walked into a bakery owned by black Americans and asked for a Confederate flag on their wedding cake.  The irony here is that those who profess to be the most tolerant exhibit the most intolerance.  If you demand tolerance of your lifestyle, you should exhibit tolerance of other people’s religious beliefs.  Otherwise, it is you who are the hypocrite and the bigot. 

Justice Anthony Kennedy may have tipped his hand in the Masterpiece Cakeshop case, noting in comments during oral arguments:

Well said.  Indeed, the road to oppression and the end of liberty is paved with political correctness.

Daniel John Sobieski is a freelance writer whose pieces have appeared in Investor’s Business Daily, Human Events, Reason Magazine, and the Chicago Sun-Times among other publications.

One wonders what would have happened if the Sweet Cakes by Melissa case involved not the owners refusing to be coerced to violate their religious conscience by providing a cake not to two same-sex people celebrating their union and calling it a marriage, but rather a Muslim bakery being forced to bake a cake decorated with a cartoon picture of the prophet Muhammad covered with bacon sprinkles.

Would the bakery in that scenario be forced to pay a heavy business-killing fine for actually believing that the Founding Fathers meant freedom of religion when they enshrined it in the First Amendment?  Probably not, even if the ruling was made by a liberal Oregon judge who forget that this country was founded by people fleeing religious persecution and governmental war on their religious conscience:

Creative expression in any form is free speech, which, along with freedom of religion, is supposedly protected in the First Amendment.  People should not be compelled to write or say things they do not believe or agree with, whether it be in the form of ink on paper or frosting on wedding cakes.

The Supreme Court has heard oral arguments in a similar case, Masterpiece Cake Shop v. Colorado Civil Rights Commission, in which the shop refused to make a cake for a same-sex couple to celebrate their ceremony, saying it would be an endorsement that would violate their religious beliefs.  The Colorado courts thought otherwise:

In this case, as Jordan Lawrence writes in National Review, the line between providing a service and expressing a view is being deliberately blurred by liberals to destroy both free speech and religious liberty:

The Masterpiece Cakeshop case is different from saying a hotel or restaurant cannot refuse service to people based on their sexual orientation.  Baking is a wedding cake is a creative process, and you cannot force a baker to create something that violates his religious beliefs anymore than you can force a writer to put on paper opinions he or she vehemently disagrees with.

That the judiciary’s attempt to redefine marriage is a looming threat to religious liberty, as observed here, and may lead to an era of religious persecution not seen in since the days of the Roman Empire is seen in the chilling redefinition of the First Amendment’s guarantee of religious liberty by Sen. Tammy Baldwin, Democrat of Wisconsin and the Senate’s only lesbian.

Baldwin made her remarks on the June 27, 2015 broadcast of Up With Steve Kornacki on MSNBC.  In a transcript of her remarks posted on Newsbusters, Baldwin ignored the fact that it was religious persecution in Europe that led to people fleeing here seeking religious freedom on an individual as well as an institutional level:

Baldwin, in arguing that there is no individual right to religious liberty and expression, misreads the Constitution with its mandate saying Congress shall pass no law prohibiting the free exercise of religion.  It is a key phrase in the First Amendment, leading off the Bill of Rights.  These are individual rights fought for in the American Revolution.  These rights are not limited to institutions; rather, they apply to all individuals, just as the Supreme Court has decided that the Second Amendment applies to individuals and not just to state-ordained militias.

Baldwin had been asked the question, “Should the bakery have to bake the cake for the gay couple getting married [sic]?  Where do you come down on that?”  She came down on the side of government coercion and the proposition that church is something you do on Sunday for an hour and otherwise shouldn’t act on your religious beliefs in your daily life.

In Iran, gay “wedding” cake and pizza requests are handled a bit more harshly and with more finality than a simple statement from a business owner that his or her faith won’t allow him to cater the affair.  If two men or two women contemplating attempting a marriage had walked into a Tehran pizza shop like Memories Pizza in Walkerton, Indiana, the pizza shop that refused to cater a hypothetical event attempting to celebrate a wedding between two people of the same sex, hanging in the public square and not a simple refusal would have been a likely outcome.

Crystal O’Connor, member of the family that owns Memories Pizza, told a local ABC news affiliate that she agreed with Indiana’s version of the federal RFRA, signed into law by President Bill Clinton in 1993.  ”If a gay couple came in and wanted us to provide pizzas for their wedding [sic], we would have to say no, “she told ABC 57.  Her beliefs and rights and the beliefs and rights of the owners of Sweet Cakes and Masterpiece Cakeshop should be respected

The Hobby Lobby case revolved around the belief of the owners that people should be free to act on their faith in their daily lives, which includes their business life.  It is a belief shared by many, including the Founding Fathers.  As Investor’s Business Daily observed:

To gay advocates, acting on your sincerely held religious beliefs is bigotry.  They ask that their lifestyles be respected as well as their newly discovered right to the benefits of marriage, found in the “penumbras and emanations” of the Constitution that also gave us the right to abortion.  Neither abortion nor marriage is mentioned specifically in the Constitution, but religious liberty and those who say acting on your faith is bigotry are physicians sorely in need of healing themselves.

Liberals’ definition of religious liberty is not very different from Lenin’s and Stalin’s. Investor’s Business Daily once quoted Cardinal George regarding Obamacare and its imposition of the contraceptive mandate on religious institutions:

One wonders what would happen, or should happen in Sen. Baldwin’s view, if a gay couple walked into a bakery owned by black Americans and asked for a Confederate flag on their wedding cake.  The irony here is that those who profess to be the most tolerant exhibit the most intolerance.  If you demand tolerance of your lifestyle, you should exhibit tolerance of other people’s religious beliefs.  Otherwise, it is you who are the hypocrite and the bigot. 

Justice Anthony Kennedy may have tipped his hand in the Masterpiece Cakeshop case, noting in comments during oral arguments:

Well said.  Indeed, the road to oppression and the end of liberty is paved with political correctness.

Daniel John Sobieski is a freelance writer whose pieces have appeared in Investor’s Business Daily, Human Events, Reason Magazine, and the Chicago Sun-Times among other publications.

http://www.americanthinker.com/articles/2018/01/gay_cakes_are_not_a_consitutional_right.html#ixzz53AiCuDqY 
Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook

Read more great articles here: http://americanthinker.com



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    Total 8 comments
    • unidentified

      most gay couples live in big cities , big cities that have plenty of gay bakers :twisted:

    • Rockledge

      This is certainly not the wonderful country I was born into.
      I never dreamed I would see the day when perverts would be able to reverse freedom of religion.

      This country is a sick twisted fucked up realm under the influence of Satan. There is simply no other possible explanation.

      • Don - 1

        Satan is not the cause of this….its liberal Democrats that infest the state of Oregon…including judges of the Courts.

        • Rockledge

          Oh, so once again it was those “liberal democrats”.
          I got news for you, herd member, it was a supreme court dominated by Republican appointees that declared it to be fine for perverts to feign marriage legally.
          Your wonderful Republican congress does far more to further the globalist agenda than the democrats.

          Neither party represents us. Which is quite obvious by the fact we are now a society governed by perversion, crime, and leaders of other countries.

      • dakota

        This has nothing to do with freedom of religion. It’s business only.

        • Rockledge

          Bullshit. If I have a business and you demand I do something sick and twisted that is in direct opposition to my religious beliefs, it is , above anything else, an issue of religion.

          The constitution dictates that congress make no laws regarding religion. Laws that impose evil practices on those of non-evil religions should not exist.

          I could care less if buttfucks want to practice their evil. I will not have anyone dictate to me that I should pretend it is normal behavior, and I sure as hell wouldn’t resort to practices against my faith just because some freaks have an agenda to grind.

    • dakota

      I consider myself a good Christian and I do follow all God’s 10 Commandments and rules of Catholicism (traditional).

      I want to state that I commend the baker owner’s for their stand and I understand why they took a stand, however,I feel that refusing business because of beliefs, opens up a can of worms that will eventually effect everything.

      These Christian owner bakers, someday, could go to a store owned by jews, and order something. The jews, for example, could then refuse to do business with these folks because they are Christians. Muslims could refuse business to Christians and Jews. Protestants could refuse to do business with certain ethnic backgrounds for their own reasons. Christians could refuse to do business with jews. All of the above could refuse to do business with blacks and vice versa. See my point?

      We have to overlook things whether they are innocent or on purpose, because we don’t really know if the customer ordered something innocently or on purpose to harass. The owner has the obligation to consider the customer innocent, until their is proof (in order to deny service).

      Ok. Now, a note the bakers: While very commendable regarding your beliefs (they are mine as well) ,in God’s eyes, these gay couples are never going to be married no matter what they do (one can only be married within the Sacrament of Matrimony….this means everyone. Not just gays.). That means you would have conscience to refuse everybody wedding cakes. So bake the cake. You are business people. You are a licensed business.

      I believe that to be in business means you must serve everyone, regardless of race, creed, color and sexual orientation. It is God’s place to judge. Not yours. Ok? You have no guilt. There is no sin there, as far as your own soul goes. As HE once told me, over 10 years ago, “Vengance is Mine”. He means that I am not to do anything about it. He’ll take care of the person(s) when the person comes to judgement after he/they die.

      The law, by the business license you hold, means you have to serve everyone.

      If the judge is kindhearted and merciful, he/she will read this to you and forgive your financial penalty and reinstate your license if you agree with this. Why? Because you didn’t realize that you will not be held accountable by God . Which is very important to you. Now you do know where you stand with God and that you are and will be ok and that you will not be judged for selling to gays.

      Best to you.

      • Rockledge

        Freedom, ever heard of that word?

        The problem is that this is NOT a free country. We incarcerate more people than the next three large countries put together, our laws have taken away freedom of speech, our businesses are dictated to about who they can hire and are forced to hire incompetence and slothfulness instead of who they really need.
        All in the best interest of being “fair”.

        All of us should be free to serve who we want, or deny who we want.
        I’m fine with the local Dirka gas station not wanting to sell me gas. Fuck him. I can go somewhere else. If the Jewish baker doesn’t want to make me a cake, fuck him to, someone else will.
        And if I don’t want to sell a hammer to some fool because I don’t like his hairdo, if it is my hammer and my store I should have every right to not sell it to him.
        And he should have every right to say “fuck him” about me and go buy a hammer from somebody else.

        That isn’t exactly rocket surgery , champ.

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