Thursday, August 13, 2015
When it comes to public accommodations, doing your job is not "speech"
An appeals court in Colorado has ruled that refusal to bake and sell a wedding cake to a gay couple is discrimination in public accommodations, not protected (“religious” or even “religulous”) speech, link here, The defendant was Jack Phillips and Masterpiece Cakeshop. Sounds like it came right out of the TV series “Everwood”. The Think Progress article is here.
There is a line to be drawn, when doing one’s job is viewed as personal speech. Generally it is not if someone else pays you to do it in a routine fashion.
But in Morehead KY a clerk defies a court order to issue a marriage license to a gay couple, NY Times story here. The word salad here is a bit of a mouthful, but again, Kim Davis is doing her job, not expressing herself.
It’s odd, because in a communion ceremony by intinction at my own church, the minister says, “I come not to offer an opinion.”
Wikipedia attribution link for photo of Continental Divide by Milan Suvajac, under Creative Commons 4.0 Share-Alike license. My own visits to Monarch Pass: 1966, 1973, 1994.