There’s a case out of Colorado that has the left and the right of our political spectrum in a stew. A bakery near Denver, one Masterpiece Cakeshop, refuses to sell wedding cakes to gay couples. Administrative law judge Robert Spencer says that the business will be fined if it continues this policy.
Regular readers of this weblog know that I am a supporter of equal rights for all, straight, gay, or in between. I see it as necessary for our society to give official recognition to the marriages of gay or lesbian couples. But there is more here that just one set of rights.
The owner of the bakery believes that gay marriage is wrong. He sees it as going against his Christian beliefs. So be it, and I don’t feel qualified to comment on that. But he is in a creative business. His cakes are his speech, in the same way that a musical composition, a photograph, or a sculpture is speech, as we understand the concept today. To require him to bake a cake in celebration of something he disapproves of is to force speech.
If Masterpiece Cakeshop sold oil changes, there would be no question here. It should change the oil of anyone who can afford that service. If the bakery sells pre-made cakes, those should be offered to anyone who has the money. But if the business is using the creative skill of its employees to make products to suit its customers, it has to be free to do that in whatever manner those creators see as right. When the business and the customer can’t come to an agreement in that situation, the two must be free to part company and seek others.