The Christian Bakery Case And The Fundamental Right To Discriminate

The Christian Bakery Case And The Fundamental Right To Discriminate, by Nathan Cherry.

From the beginning Jack Phillips has maintained that he does not discriminate against people (people being the key word). Jack has served people from all walks of life and happily serves them regardless of who they are or what they believe. However, Jack has also maintained that he has — from the very start of his business — refused to bake cakes affirming or supporting messages that violate his convictions. He recently reiterated this fact, saying:

“Though I serve everyone who comes into my shop, like many other creative professionals, I don’t create custom designs for events or messages that conflict with my conscience. I don’t create cakes that celebrate Halloween, promote sexual or anti-American themes, or disparage people, including individuals who identify as LGBT. For me, it’s never about the person making the request. It’s about the message the person wants the cake to communicate.”

There it is again: it’s not about the person, it’s about the message. Once again, this might sound like a free speech case (and there’s an element of that here) but this is about private property rights. So far Jack has proven over many years that he is willing to serve any person.

However, he is not willing to promote every message. That is a value every free person holds dear.

The Jewish person does not want to be forced to promote Naziism. The African-American does not want to be forced to promote white supremacy. Are you seeing the point? Every person has the right to discriminate based on his or her sincerely held convictions. Yep, you read that right, we all have the right to discriminate. …

Everyday we make decisions that are nothing less than discrimination. We support one business because they support a cause we hold dear. We boycott another business because they support (or don’t support) a cause we hold dear. We have just engaged in the best kind of discrimination. Business owners are no different. Just as every individual has the right to discriminate, so too business owners have the same right. This is what creates a healthy economy.

When people discriminate against a business (typically by boycotting it) because it supports a cause we oppose, we are engaging in a free-market exercise that has held true for centuries. …

The truth is that if we don’t have the right to discriminate, we aren’t free. …

Let’s sum this up: no one should be forced to use their private property to support or affirm a message that he or she disagrees with. The motive behind their disagreement doesn’t matter; whether it is religious or person. No person, company, business owner, or citizen should be forced to violate their convictions. I support the right of the Muslim to refuse to serve pork products. I support the right of the black photographer to refuse to photograph the KKK rally. I support the right of the gay baker to refuse to bake a cake opposing same-sex marriage. And I support the right of the Christian baker, florist, and photographer to refuse to violate their convictions.

The left has built up “discrimination” to be a big bogeyman that is always wrong. But of course the left is very selective about protesting discrimination. In fact, the left furiously discriminates in favor of its own ideological positions constantly. It’s just that the media don’t call it “discrimination” when leftists do it.

hat-tip Barry Corke