Speech uncompelled, at least for now

I’ve spent the afternoon reading the US Supreme Court decision regarding Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n (16-111), the case of the Christian baker refusing to make a wedding cake for a same-sex marriage. The court found in favour of Masterpiece Cakeshop by 7-2, having determined that the act of creating a custom cake constituted speech hence could not be compelled.

There are a few interesting bits in the ruling:

That consideration was compromised, however, by the Commission’s treatment of Phillips’ case, which showed elements of a clear and impermissible hostility toward the sincere religious beliefs motivating his objection. As the record shows, some of the commissioners at the Commission’s formal, public hearings endorsed the view that religious beliefs cannot legitimately be carried into the public sphere or commercial domain, disparaged Phillips’ faith as despicable and characterized it as merely rhetorical, and compared his invocation of his sincerely held religious beliefs to defenses of slavery and the Holocaust. No commissioners objected to the comments.

The remarks in question were made by a Commissioner Heidi Hess, who said “freedom of religion used to justify discrimination is a despicable piece of rhetoric.” According to her bio:

Heidi Jeanne Hess is the Western Slope Field Organizer for One Colorado, coordinating the organization’s grassroots efforts, developing diverse coalitions, and bridging gaps within LGBTQ communities in Grand Junction and along the Western Slope.

Heidi is relatively new to Colorado … has been actively involved in LGBTQ rights and activism since 1982.

She has a Bachelor of Science in Journalism and a Master of Arts in Communication both from the University of Nebraska-Omaha.

That such people hold positions on Civil Rights Commissions telling bakers they must create cakes bearing a message they vehemently object to explains why this case has arrived at the Supreme Court. Thankfully they’ve given her a verbal shoeing in the process of finding against them. And this made me laugh:

In her spare time, Heidi enjoys reading, going on day trips with her partner, Dannie, and being involved with their church.

Given the Supreme Court thought her “hostile to religion”, I wonder what sort of church it is. This is interesting as well, from the court’s ruling:

The Commission ruled against Phillips in part on the theory that any message on the requested wedding cake would be attributed to the customer, not to the baker. Yet the Division did not address this point in any of the cases involving requests for cakes depicting anti-gay marriage symbolism. The Division also considered that each bakery was willing to sell other products to the prospective customers, but the Commission found Phillips’ willingness to do the same irrelevant.

So three other bakers refused to bake cakes with anti-gay messages on them; Phillips was told this was irrelevant to his refusal to make a cake with a pro-gay message.

It’s also worth bearing in mind that this happened in 2012:

JUSTICE ALITO: It did not at the time. That is — this is very odd. We’re thinking about this case as it might play out in 2017, soon to be 2018, but this took place in 2012.

So, if Craig and Mullins had gone to a state office and said we want a marriage license, they would not have been accommodated. If they said: Well, we want you to recognize our Massachusetts marriage, the state would say: No, we won’t accommodate that. Well, we want a civil union. Well, we won’t accommodate that either. And yet, when he goes to this bake shop and he says I want a wedding cake, and the baker says, no, I won’t do it, in part because same-sex marriage was not allowed in Colorado at the time, he’s created a grave wrong. How does that all that fit together?

In other words, the baker was prosecuted for refusing to make a cake celebrating gay marriage at a time when Colorado didn’t allow or recognise gay marriage. Go figure.

I believe the Supreme Court has done the right thing in siding with the baker, but what the whole thing shows is how much of an almighty mess American law has become with the establishment of various “protected classes” each with its own set of activists looking to assert their “rights”, and when two such classes collide you’re left with judges trying to work out the pecking order.

The judges’ decision is too narrowly defined to be seen as a pushback against continued erosion of freedom of association and individual liberty in the name of anti-discrimination, and anyone raising the spectre of gays becoming second-class citizens being denied basic services is either lying or hasn’t read the ruling. I expect there will be plenty more cases like this, each more farcical than the last.

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25 thoughts on “Speech uncompelled, at least for now

  1. Ben Shapiro has a good analysis on his podcast.

    Put simply, the Supreme Court dodged the main issue.

    A similar case to this will end up there again shortly.

  2. Is a printer obliged to print leaflets for the local Nazi club, or the KKK?

    Would a Jewish printer be allowed to decline the Nazi contract, and a black printer allowed to decline the Klan’s business, but a white atheist printer would be forced to accept both?

  3. Would a Jewish printer be allowed to decline the Nazi contract, and a black printer allowed to decline the Klan’s business

    Yes, but the Colorado Commission’s lawyer argued this could not apply to “protected classes”. They go into these hypotheticals in some depth, but from where I’m sat it just shows how much of a circus this has become. It’s embarrassing in many ways.

  4. I don’t know if this is the same case, but there was talk of one gay couple driving past dozens of other bakeries (including several muslim-owned ones, who would as many suspect have flatly refused to acknowledge gay marriage) to arrive at a bakery store where they wanted a pro-gay wedding cake made for them.

    It struck me that people electing to travel a long way deliberately to target one bakery is such an obvious sign of planned and pre-meditated aggression that any ‘normal’ court would have thrown the case out before it even got to people gathering before a judge. However, the complaint had to be heard but while I can see that is the point of justice in one sense is to allow people to redress wrongs, this simply seemed to border on the realm of wasting the court’s time.

    I do believe in the right of non-association in that if a business doesn’t want any business that is their look out. If I go to a shop and they don’t want my money then I go somewhere else: it’s their choice if they wish to serve me.

    Shopping expeditions as a political weapon does seem to me to be the act of the desperate or the lunatic.

  5. I don’t know if this is the same case, but there was talk of one gay couple driving past dozens of other bakeries

    Yes, I heard about that and don’t know if it was the same case. If it was, the case should never have been heard beyond the lowest court and the two men given a right good beating.

  6. ” I expect there will be plenty more cases like this, each more farcical than the last.”

    Yes, we and our way of life that we have been used to is on a hiding to nothing. We now have a situation where homosexual activism is accelerating, family law is rapidly declining with same sex marriage and same sex parents, the judiciary which cannot be changed overnight are distinctly left leaning and pro-minority and biologically males are in drastic decline. This is a perfect storm for our existence as we know it.

    The rate of reduction of testosterone in males is massive, the very thing that characterises what makes a male a male is decreasing. I don’t know why it is but it is and it looks irreversible. I wouldn’t be surprised if those that are encouraging the above social engineering strategies have something to do with it.

    “Studies show that men’s testosterone levels have been declining for decades. The most prominent, a 2007 study in the Journal of Clinical Endocrinology and Metabolism, revealed a “substantial” drop in U.S. men’s testosterone levels since the 1980s, with average levels declining by about 1% per year. This means, for example, that a 60-year-old man in 2004 had testosterone levels 17% lower than those of a 60-year-old in 1987. Another study of Danish men produced similar findings, with double-digit declines among men born in the 1960s compared to those born in the 1920s.”

    Given that the homosexual gene has been thoroughly debunked I think it would be safe to say that males are not born that way and that in the majority of cases it is due to over controlling mothers and passive or absent fathers. A gay man is trying to make up for the masculinity that was missing in his early formative years. Many an ex-homosexual man that has been cured will testify to this. Show me a gay man and I will show you an over controlling mother.

    Take Charlie Craig the respondent in Masterpiece Cakeshop v. Colorado Civil Rights Commission –

    His mother: “When we returned to our car, I noticed Charlie’s shoulders were shaking. I soon realized he was crying. All I could do was embrace him and tell him I loved him and that we would get through this. As a parent, no matter how grown your children are, you want to shield them from harm. I felt I had failed him.”

    I hired a bloke a few weeks ago and he was under no illusion that it was a bloke type role in a bloke environment. Since he started he has been continually bleating to his manager about things like, more window shades, moving the air-conditioning vent, changing the fluoro light bulbs and when I look at him in the workplace he avoids eye contact and you can just see a case of chronic testosterone deficiency oozing from him. In male company he appears demure, he also has a Kojak haircut. I would bet London to a brick that he had an overcontrolling mother. I am going to have to let him go tomorrow and my Ops Manager asked me what I was going to say to him and I said that I would think of something.

  7. They go into these hypotheticals in some depth, but from where I’m sat it just shows how much of a circus this has become. It’s embarrassing in many ways.

    As my mate Kev puts it, there’s no such thing as common sense anymore. So much so it should be renamed “rare sense”

  8. That such people hold positions on Civil Rights Commissions […] explains why this case has arrived at the Supreme Court

    Well, who else would it be? You’ve got two candidates for the post of Civil Rights Commissioner: one is a lesbian with a decade of experience campaigning for minority rights, the other is a former engineer with an BTEC in HR from Annecy-North Polytec (I jest!). As the civil servant in charge of appointing this person, it’s not worth risking your job on the straight white male who says controversial things like “all lives matter”.

    The better question is whether Colorado needs a Civil Rights Commission, but given America’s history of civil rights, it probably won’t go away. So the only remaining option is to have the commissioners directly elected rather than appointed.

  9. the other is a former engineer with an BTEC in HR from Annecy-North Polytec

    Bwhahahahaha!

  10. The cake stuff is obviously targeted activism, but Muslim bakeries? Really?

  11. @BiG – various conservative activists in the US have gone into Muslim-run bakeries to ask for a gay wedding cake to be made and been refused.

    Of course, the media aren’t interested.

  12. …various conservative activists in the US have gone into Muslim-run bakeries to ask for a gay wedding cake to be made and been refused.

    Of course, the media aren’t interested.

    But are the courts interested?

  13. The better question is whether Colorado needs a Civil Rights Commission, but given America’s history of civil rights, it probably won’t go away. So the only remaining option is to have the commissioners directly elected rather than appointed.

    You can’t do that, because with an elected position the white guy would potentially, even probably get elected.

    With an appointed position a “rightthink” person with the correct attributes and from an appropriate protected identity group can be put in place, preferably a black, dyslexic lesbian dwarf artist specialising in painting with her own menstrual fluids who identifies as a transgendered polyamorous squirrelkin xenosexual with a Phd in Gender Studies. Having converted from Judaism to Islam with a passing atheist phase would collect additional bonus points towards appointment.

    Civil Rights Commissions are a very “Soviet” way of doing things, in essence a 21st Century atheist inquisition for the protection of the faithful (i.e. the rightthinkers with their politically correct mindset) against the backwards Christian-types (since Muslims are a protected class their civil rights violations never seem to get questioned)

    If it wasn’t for such institutions as the Civil Rights Commissions America would be plunged back into the hell-hole of white Christian monoculture like it was back in the 1950’s.

    As Hero of the People’s Revolution Erich Honecker famously said “Vorwärts immer, rückwärts nimmer!” (Always forwards, never backwards!”)

  14. abacab,

    I can find one carefully-edited video where it appears said activist has picked on a lot of bakeries that don’t make any kind of wedding cake, not even straight muslim ones.

    That said, interesting to learn there is such a thing as a muslim bakery. The only one I know is in Tel Aviv and they don’t make wedding cakes either.

  15. @Bardon

    There’s no low IQ gene either. Are you prepared to argue that low IQ is not inherited?

    Homosexuality is clearly genetic in basis. You see people who die for that reason in states like Iran. They aren’t getting their homosexual tendencies from any social influences there, nor low testosterone.

    The issue for a thinking conservative is not whether homosexuality should be permitted, but whether it should be celebrated, and whether it should have rights that exceed other people. That’s where we are now, and I’m not particularly happy about it either.

    But ill-informed rants about decreasing testosterone levels and homosexuality being entirely a choice aren’t going to win any arguments at all. They’re just stupid.

    Btw, the “blank slate” that nothing is biological and all is social is the extreme progressive position. By arguing it you are aiding their position. The blank slate is bullshit and needs to be fought vigorously.

  16. Well the fact of the matter is that testosterone levels are decreasing and I didn’t claim that makes someone a homosexual and there is no no evidence whatsover that homsoexuality is genetic.

    I would hazard a guess that there are over controlling mothers in Iran though.

  17. “Homosexuality is clearly genetic in basis.”

    Statements like this just go to show how successful the homosexual movement has been in radically changing beliefs over the last generation. This person has been well and truly duped. There is clear evidence of social engineering towards the desensitisation, normalisation and promotion of homosexuality at least back to the seventies. How do we know this well we can start with some of the manuals that were written on how it was brought about such as:

    The Homosexualization of America – 1982

    After the Ball: How America Will Conquer its Fear and Hatred of Gays – 1989

    Think the shouting down of scientists and academics that we have seen in modern day minority issues this happened back in the seventies and eighties in the US by homosexual activists in a process known as desensitization, jamming and conversion.

    I lived in Greenwich Village in the eighties and I seen first hand this program getting legs. Movies like Philadelphia shaming and converting us when we see the straight, bigoted and homophobic vile treatment of Tom Hanks, we cannot but sympathise for his plight even if we did not quite like him.

    The testosterone levels dropping, doesn’t directly produce homosexuals but it does increase the number of beta males which only encourages females to become more male to fill the void, which brings us back to the known relationship between over controlling mothers, feminine fathers and homosexuals.

    As for the genetic bunkum, how on earth could that explain the explosion of homosexuality in our young ones in a single generation?

    THE GAYING OF AMERICA
    HOMOSEXUALITY EXPLODING AMONG YOUTH

    “If you accept the claims of gay activists and not a few shrinks that “people are born homosexual,” think again. In 2001-09, 92.1 percent of U.S. high school students said they were only sexually interested in the opposite sex. In 2015 (the last year for which we have data), 86.5 percent did – that’s 6 percent fewer, or 900,000 kids. A decade ago 5.1 percent (or 800,000) said they were sexually interested in their own sex; in 2015, 1.5 million (an additional 704,000 more) said so – an increase of 84.2 percent. And where 2.6 percent of kids in the 2001-9 survey said they were unsure of their sexual identity, 4 percent made the same report in 2015 – an increase of 53 percent.”

    http://www.wnd.com/2017/03/homosexuality-exploding-among-youth/

  18. John Galt hits it on the head. Civil Rights Commissions are a feature of totalitarian regimes. Typical collectivist habit of giving an innocuous or inspiring name to something that accomplishes the opposite of it’s title.

    Civil/Human Rights Commissions do not protect civil/human rights. They protect the ruling tastes and orthodoxy at the expense of civil/human rights.

    God I’m weary of these people. I think I’ll just unplug from the world and enjoy my kid. Will someone be kind enough to text me when the shooting war begins?

  19. I’m wondering if one can tie this in with the post above. Printed on the cake box “May contain offensive political statements. Do not open unless supervised by a responsible adult”

  20. “She has a Bachelor of Science in Journalism” – since when is journalism a science?

  21. Surely homosexuality can be both genetic and socialised? For example most ancient Greek men of a certain class had what we would call gay sex (they didn’t really think about it that way) but only a small minority had gay relationships.

    I suspect the percentage of people who only want to be with the same sex is pretty similar over time. The percentage of people who have indulged or might indulge in same-sex shagging will fluctuate as fashions change.

  22. I think you are half right there MC, historically there has always been say 1% of us that could be characterized as homosexuals but I don’t think that very small sample size is due to genetics, it certainly has never been proven to be anyhow. A purist would say that if it were genetic it would only last for one generation as the majority would not procreate.

    There are instances historically, similar to now where it has been actively encouraged by the elite such that their numbers were increased above this 1% level, eg ancient Greece in order to ensure that males would be less threatening to their power base. Active encouragement of homosexuality is always about lessening male power.

  23. Let’s hope that Israel Folau’s testosterone levels are high tonight, please God, please…………

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