Do you have a right to discriminate against others? Do you have a right to provide services to people of your choosing? Should an artist have to produce art that has a message they disagree with? Well, these are the questions that will be pressed on the Supreme Court through a court case involving a wedding cake designer and a gay couple that INSISTS on forcing this man to decorate their wedding cake. And they mean to destroy his life to send the message, that you WILL accept and endorse and celebrate gay marriage or the government will shut your business down.
Among the libertarian crowd, you remember your Presidential nominee, Gary Johnson, and his decidedly anti-liberty stance that yes, the government should force people to provide services for people, whether they want to or not.
In this case, the situation doesn’t even involve simply selling a cake that someone can then do with what they will. As a matter of fact, the man whose life has been turned upside down by these anti-liberty crisis creators has no issue selling cakes or anything else to anyone that enters his shop. His problem is that he simply does not want to design something that does not reflect his beliefs. Let’s remove the aspect of the religious belief the man is citing. What if he just doesn’t like gay marriage because he thinks it’s bad for society? What if he doesn’t like gay marriage because he had gay parents and they were mean to him?
It doesn’t really matter WHY the man doesn’t want to create something that expresses a belief he doesn’t share and doesn’t want his work to represent. What matters is that NO ONE has a right to force someone to produce something they don’t want to produce. For those of us who embrace total liberty, this is a no-brainer, but in the land of the Rule of Law, this self-evident truth is one that’s up for bid. And, as it so happens, it will all come down to one man, Justice Anthony Kennedy, the so-called swing vote on the Supreme Court.
This isn’t a gauge of Rule of Law, it’s simply a reflection of the chance appointments of 9 individuals who lean one way or another politically, all of which can find ghost words to justify polar interpretations of the constitution.
After this ruling comes down in June of 2018, we will learn a little more about the degree to which the master wishes to extend or shorten the leash. Here’s an excerpt from an analysis on why it appears likely that Justice Kennedy will be the man to decide, magically, what Rule of Law is regarding the right to free association and the right to your own labor.
U.S. Supreme Court Justice Anthony Kennedy seemed a bit conflicted Tuesday as the court heard arguments in the Colorado-based Masterpiece cake shop v Colorado Civil Rights Commission case.
The case centers around a Lakewood baker who refused to make a wedding cake for a same-sex couple, and with the other eight judges appearing to be evenly split on the case, the deciding vote will likely be Kennedy’s.
“As expected, all eyes in the courtroom were on Justice Kennedy as he was asking questions of both sides,” Denver Post Washington correspondent Mark Matthews told Denver7’s Nicole Brady on this weekend’s Politics Unplugged.
The newest justice on the court, Colorado’s own Neil Gorsuch, is also being watched closely. He is expected to side with the conservatives on the bench, but because the case is from Colorado and is similar in tone to other cases he has ruled on in the past, court watchers were paying close attention to his actions during Tuesday’s hearing.
A ruling on the matter is likely months away, and Matthews says there’s a chance it will do little to clear up the situation.
“There is the possibility they do a very narrow ruling,” Matthews said, pointing out that they could rule very specifically on this case or even remand it back to a lower court. “The likelihood is that there will be some blow back in some industry no matter which way they go. I think if you’re in the wedding industry, I think you can expect this decision to affect the way you do business, but certainly it can go beyond that whichever way they go.”
Read More at The Denver Channel