By Dan Calabrese ——Bio and Archives--December 5, 2017
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He asked a lawyer for the Trump administration whether the baker, Jack Phillips, could put a sign in his window saying, “We don’t bake cakes for gay weddings.” The lawyer, Noel J. Francisco said yes, so long as the cakes were custom made.
Justice Kennedy looked troubled and said the administration’s position was an affront to the dignity of gay couples. Later, though, Justice Kennedy said that a state civil rights commission that had ruled against the baker had “neither been tolerant nor respectful of Mr. Phillips’s religious beliefs.” The case, which pits claims of religious freedom against the fight for gay rights, has attracted extraordinary public attention and about 100 friend-of-the-court briefs. Mr. Phillips says that he should not be forced to use his talents to convey a message of support for same-sex marriage. The couple, Charlie Craig and David Mullins, say that businesses open to the public should not be allowed to discriminate against gay men and lesbians. Tuesday’s argument, which lasted almost 90 minutes instead of the usual hour, appeared to divide the justices along the usual lines. The more liberal justices probed whether all sorts of artisans — tailors, hair stylists, makeup artists, chefs — could refuse to supply goods and services for same-sex weddings. Conservative justices considered whether artists can be required to convey messages with which they profoundly disagree. Kristen K. Waggoner, a lawyer for Mr. Phillips, said her client was an artist, one who created a sort of sculpture. Justice Sonia Sotomayor appeared unpersuaded. “When have we ever given protection to a food?” she asked.
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