Dec. 4, 2018
This year, the United States Supreme Court vindicated the free exercise rights of Jack Phillips, a cake baker from Colorado, who had suffered government discrimination after he declined to bake a cake for a same-sex commitment ceremony based on his conviction that a marriage is only between a man and a woman. Yet Jack’s ordeal wasn’t done; he was subsequently sued and has an ongoing case because he didn’t want to be forced to create a cake with a message about the transgender lifestyle he believed to be false.
Melissa and Aaron Klein, bakers from Oregon and formerly of Sweet Cakes by Melissa, are now asking the Supreme Court to review their case, which arose under similar circumstances. The Supreme Court could decide any day whether to review their case. If the Court does, they may get relief. If it doesn’t, the Kleins are stuck with an oppressive and unconstitutional state court ruling against them.
Their cases are not unique; attacks against traditional beliefs in marriage have been on the rise. Why is that?
Several years ago, the United States Supreme Court observed that “[m]any who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises, and neither they nor their beliefs are disparaged here.” That quotation came from Justice Anthony Kennedy’s opinion in Obergefell v. Hodges (2015), the Supreme Court decision that ushered in a new era in the law surrounding religious liberty.
It is important that the Supreme Court recognized the sincerity of the orthodox belief that marriage is a sacred institution only available between one man and one woman. But by making marriage between two people of the same sex a constitutional right, Obergefell made it easier for courts and legislatures around the nation to conclude that same-sex couples have rights that somehow trump those of all who disagree—and thus violate their consciences.
We have seen this primarily in the wedding vendor industry, the subject of our newly updated publication released today, Religious Liberty and the “Wedding Vendor” Cases. Business owners across the country have had to face the unacceptable choice of violating their religious beliefs or losing their livelihoods—all because they will not use their skills to affirm or facilitate the celebration of a same-sex wedding.
Today, we bring to your attention fifteen cases where business owners have had to collectively endure thousands of hours of litigation and hundreds of thousands of dollars in fines for sticking to their beliefs in natural marriage. This is an unacceptable affront to every American’s constitutional right to the free exercise of their religion, and we must stand to ensure that this latest campaign against the freedom of conscience comes to an end.
For more information, read our newly updated publication.