Tikvah
Editors’ Pick

December 5, 2017

Why the First Amendment Protects the Right Not to Bake a Cake

Very different from folding chairs.

Today the Supreme Court will hear the case of Jack Philips, the Colorado baker who declined to provide a cake for a gay couple’s wedding reception. While some have argued that, even if the state of Colorado overreached by charging Philips with unlawful discrimination, baking a cake is not considered speech for First Amendment purposes, Robert P. George and Sherif Gergis disagree:

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