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Is The Masterpiece Cake Case The Wrong Fight For The LGBT Community?

Americans—including LGBT Americans—are deeply conflicted.

Last week the Supreme Court heard oral arguments in Masterpiece Cake vs. Colorado Civil Rights Commission, a case pitting LGBT equality against religious freedom.

On the one hand we have David Mullins and Charlie Craig, who asked Denver baker Jack Phillips to make a cake for their wedding in 2012. On the other side is Phillips, who refused on the grounds that same-sex marriage was against his religious beliefs. The Colorado Civil Rights Commission ruled Phillips was violating the state’s anti-discrimination law, but he's appealed all the way to the nation's highest court.

Questions posed by Justices Kennedy and Kagen indicate the Court is divided on whether a business owner can refuse a customer based on their religious values—a split reflected in the American public, as well: A 2016 Pew Research Center survey found that just about half of Americans (49%) believe businesses should be required to provide services to same-sex couples, while nearly the same percentage (48%) said they should be able to refuse.

Unsurprisingly, that divide becomes more pronounced when you sort by religion and political affiliation: Most religiously unaffiliated Americans (65%) and Jews (64%) believe businesses should have to serve same-sex couples, while most white evangelical Protestants (77%) took the opposite position.

About two-thirds of Democrats (67%) say Phillips is in the wrong, while most Republicans (71%) think he had the right to turn away Mullens and Craig.

The issue is even dividing the LGBT community: Major advocacy groups have come out firmly in favor of public accommodations laws: “If a business is open on Main Street, it must be open to everyone, regardless of who they are or whom they love," says HRC legal director Sarah Warbelow. "It is important for the nation and the Supreme Court to affirm the equal dignity of every single American.”

“In everyday life, we are rejected: post office clerks refuse to serve us, tax preparers won’t do our taxes,” said Lambda Legal in an amicus brief. “It isn’t about a cake, and it isn’t about religion. It’s about rejection.”

But in a piece in New York magazine, Andrew Sullivan insists this isn't the hill—or the cake—to die on.

The baker’s religious convictions are not trivial or obviously in bad faith, which means to say he is not just suddenly citing them solely when it comes to catering to gays. His fundamentalism makes him refuse to make even Halloween cakes, for Pete’s sake. More to the point, he has said he would provide any form of custom-designed cakes for gay couples — a birthday cake, for example — except for one designed for a specific celebration that he has religious objections to. And those religious convictions cannot be dismissed as arbitrary (even if you find them absurd). Opposition to same-sex marriage has been an uncontested pillar of every major world religion for aeons.

The 2016 Pew poll found just 18% of respondents said they could sympathize with both sides of the argument. But we can count Sullivan among them.

"I’m deeply conflicted," he writes, adding that, "A law that controls an individual’s conscience violates a core liberal idea. It smacks of authoritarianism and of a contempt for religious faith. It feels downright anti-American to me."

NNN readers are also split, as witnessed by comments from our articles on the case.

"You maybe an artist but you are also involved in free-market commerce," wrote on reader.

"They have the right to not offer that service," countered another. "I am not not saying it's right, but it is their private business."

"Get your cake from some other baker," added yet another. "Do you honestly want to eat a cake from a hater?"

And whether or not Phillips should be required to sell wedding cakes to gay couples, a loss at the high court could have a huge impact on anti-discrimination laws across the country. Was Masterpiece Cake vs. Colorado Civil Rights Commission the right case to take to the Supreme Court? Vote in the poll below.

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