Bakery ruling: A win for discrimination or religious liberty?

“I serve everybody, regardless of their sexual orientation or race.”

Masterpiece Cakeshop owner Jack Phillips spoke these words to the Denver Catholic after the Supreme Court ruled in his favor June 4 regarding his choice not to write a message about same-sex marriage on a wedding cake because it contradicted his beliefs.

He added, “That day, I told the two gentlemen I would sell them anything in my shop. That was a message that I couldn’t create.”

Amid the great amount of criticism Phillips has received since the court’s ruling, an abounding number of critics have considered him a bigot and compared him to a racist or slave holder.

Yet, Jeremy Tedesco, the baker’s attorney, said that the Supreme Court emphasized that Jack’s case is entirely different from that of discrimination or racism.

“It’s important for people to understand that we faced this argument all the time, in the Supreme Court and in the lower courts,” Tedesco said. “And for the Supreme Court to rule for Jack, despite the fact that the other side was making that comparison [to racism and discrimination] all the time, sends an important message.

“[The Supreme Court] said that tying Jack to racists and slavery is offensive – it’s disparaging of his religious beliefs.”

Court’s decision ‘a benefit for everyone’

The hostility against Phillips’ faith that was present in Colorado’s lower courts led the Supreme Court to rule in his favor, Tedesco said. The decision is meant to protect not just religious believers, but all citizens, from a government that attempts to decide what groups can and cannot exercise their rights, he said.

A great problem for Colorado is that the state’s Civil Rights Division is “playing favorites” when it comes to the one’s right to decline to create something that goes against one’s beliefs, Tedesco stated.

“The government shouldn’t force artists to create art that is inconsistent with their beliefs. The government has no business dictating the content of an artist’s expression,” he added. “That is a freedom that benefits everybody, not just the people who are religious.”

A 2015 precedent influenced the Supreme Court’s decision for Phillips. In a previous case, the Colorado Civil Rights Division ruled in favor of a Denver bakery saying it was not discriminating when refusing to make a cake with an anti-gay message because it had the right to.

“The Supreme Court determined that the unequal treatment was part of the reason why [the previous decision against Jack] violated his free exercise rights. That discriminatory enforcement of the law showed the religious targeting against Jack and the hostility of Colorado,” the attorney pointed out.

In other words, Phillips was expected to accept others’ non-Christian beliefs, but he could not expect others to accept his.

The government shouldn’t force artists to create art that is inconsistent with their beliefs. The government has no business dictating the content of an artist’s expression. That is a freedom that benefits everybody, not just the people who are religious.”

“The court reaffirmed that religious hostility towards people of faith has no place in our society… [and] that people like Jack have honorable beliefs – like the belief that marriage is a union between a man and a woman – that deserve tolerance and respect in our society,” he continued.

Is it still discrimination?

The Supreme Court’s decision to treat this case differently from that of discrimination has not stopped the allusions to the argument, especially from much of the media and LGBTQ groups.

In response, Father Angel Perez, Assistant Professor at St. John Vianney Theological Seminary in Denver, told the Denver Catholic that a key distinction should be made when analyzing these two cases – mainly the difference between avoiding collaborating in something that is morally wrong versus actually doing something that is morally wrong.

 

“Someone who refuses to make a cake for a same-sex wedding is only trying not to collaborate with an act that he or she believes is morally wrong,” he explained. “But refusing to provide a service to someone [because of their skin color] is not about collaborating in something morally wrong, it’s actually doing something that is morally wrong. Doing so would be saying that the other person is not of the same dignity as others.”

 

This means that choosing not to cooperate in an act one believes is morally wrong does not violate the dignity of the other person, but only disagrees with the act the other person is doing.

“Under this light, the baker’s case is a true case of religious liberty because there is a foundation of truth to that which he believes,” he said. “He has a reasonable explanation for why he believes that act is not morally good. In the case of discrimination, however, a foundation of truth is missing, which means that it’s a direct attack on the equal dignity of all citizens.”

The Church and LGBTQ issues

Father Perez says that just because the Church has reasons to hold that homosexual acts do not reflect the dignity of the human person or the truth of human sexuality, it does not mean that the Church hates or does not accept people who believe or act on these inclinations.

Denver, CO, June 8, 2018: A cake displayed at Masterpiece Cakeshop. (Photo by Aaron Lambert)

“We must remember something very important – that the Church loves homosexuals, she loves people with sexual-identity crises. She loves all sinners like a mother,” he said. “A mother wants the good for her children and because she loves them, she corrects and guides them. The Church loves us, and precisely because she loves us, she shows us the truth – what she knows is best for us.

“That doesn’t mean that she’s exclusive. The doors are open to everyone. In fact, everyone in the Church – including myself – are sinners.”

Yet, love and mercy require truth, he said: “Mercy is only a false compassion if it contains no truth. True mercy brings us out of our misery. Mercy needs the truth to pull us out of our misery, of our sin, and call us to conversion, as Jesus Christ did.”

COMING UP: Seeds of Hope, Catholic schools to host “2018-19 Around the AoD Tour”

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Seeds of Hope, in conjunction with Archdiocese of Denver Catholic schools, will present the 2018-19 Around the Archdiocese of Denver (AoD) Tour, hosting open-to-the-public school tours at each of the K-8 and high schools that will showcase the faith formation and learning taking place in each of the 36 Archdiocese of Denver schools.

The Around the AoD Tour kicks off on Oct. 2, 2018 and runs through Mar. 19, 2019. To commemorate the tour stops, each person who visits a school on the 2018-19 Around the AoD the Tour will receive a free 2018-19 Around the AoD Tour t-shirt. A representative from Seeds of Hope and a tour guide from each school will greet and lead visitors. This is a chance to see inner workings of the schools, ask questions of leadership and see up close the differences the schools are making in their communities every day. No matter where somebody is in the Denver Metro or Northern Colorado area, there is a 2018-19 Around the AoD Tour stop coming soon to their community.

“We want people in their communities to be able to see firsthand how our schools are building the Kingdom of Heaven here on earth,” said Seeds of Hope Executive Director Jay Clark. “Our schools are the future of our Church and seeing the students and teachers in action with school leaders is an incredibly inspiring way to spend an hour.”

Signing up for a tour is easy – just visit seedsofhopedenver.org, call 303-715-3127 or email info@seedsofhopedenver.org to choose a tour
date and t-shirt size.

2018-19 Around the AoD Tour Schedule

Tue., Oct. 2, 2018
Sacred Heart
1317 Mapleton Avenue, Boulder, 80304
11:00 AM

Tue., Oct. 2, 2018
St. Louis 
925 Grant Avenue, Louisville, 80027
1:00 PM

Tue., Oct. 9, 2018
Annunciation
3536 Lafayette Street, Denver, 80205
11:00 AM

Thu., Oct. 11, 2018
St. Stephen
414 South Hyland Park Drive, Glenwood Springs, 81601 11:00 AM

Thu., Oct. 11, 2018
St. Clare of Assisi
31622 Highway 6, Edwards, 81632
1:00 PM

Tue., Oct. 16, 2018
St. John the Baptist
350 Emery Street, Longmont, 80501
9:30 AM

Tue., Oct. 16, 2018
St. John the Evangelist
1730 West 12th Street, Loveland, 80537
11:30 AM

Tue., Oct. 16, 2018
St. Joseph
127 North Howes Street, Ft. Collins, 80521
1:30 PM

Tue., Oct. 30, 2018
St. Mary’s Greeley
2351 22nd Avenue, Greeley, 80631
11:00 AM

Tue., Nov. 6, 2018
Holy Family HS
5195 West 144th Avenue, Broomfield, 80023
11:00 AM

Tue., Nov. 6, 2018
Nativity of Our Lord
900 West Midway Blvd., Broomfield, 80020
1:00 PM

Tue., Nov. 13, 2018
St. Vincent De Paul
1164 South Josephine Street, Denver, 80210
9:00 AM

Tue., Nov. 13, 2018
Our Lady of Lourdes
2256 South Logan Street, Denver, 80210
11:00 AM

Tue., Nov. 13, 2018
Most Precious Blood
3959 East Iliff Avenue, Denver, 80210
1:00 PM

Thu., Nov. 15, 2018
Bishop Machebeuf HS
458 Uinta Way, Denver, 80230
11:00 AM

Tue., Dec. 4, 2018
All Souls
4951 South Pennsylvania St., Englewood, 80113
11:00 AM

Tue., Dec. 4, 2018
St. Mary’s Littleton
6833 South Prince Street, Littleton, 80120
1:00 PM

Thu., Dec. 6, 2018
Blessed Sacrament
1973 Elm Street, Denver, 80220
11:00 AM

Thu., Dec. 6, 2018
St. James
1250 Newport Street, Denver, 80220
1:00 PM

Tue., Jan. 15, 2019
Frassati Catholic Academy
3951 Cottonwood Lakes Blvd., Thornton, 80241
11:00 AM

Thu., Jan. 17, 2019
St. Rose of Lima
1345 West Dakota Avenue, Denver, 80223
11:00 AM

Tue., Jan. 29, 2019
Our Lady of Fatima
10530 West 20th Avenue, Lakewood, 80215
11:00 AM

Tue., Jan. 29, 2019
Notre Dame
2165 South Zenobia Street, Denver, 80219
1:00 PM

Tue., Feb. 5, 2019
Assumption
2341 East 78th Avenue, Denver, 80229
11:00 AM

Tue., Feb. 5, 2019
Holy Trinity
3050 West 76th Avenue, Westminster, 80030
1:00 PM

Thu., Feb. 7, 2019
St. Francis De Sales
235 South Sherman Street, Denver, 80209
11:00 AM

Tue., Feb. 12, 2019
Sts. Peter and Paul
3920 Pierce Street, Wheat Ridge, 80033
11:00 AM

Tue., Feb. 12, 2019
Shrine of St. Anne
7320 Grant Place, Arvada, 80002
1:00 PM

Tue., Feb. 19, 2019
St. Thomas More
7071 East Otero Avenue, Centennial, 80112
11:00 AM

Tue., Feb. 19, 2019
Our Lady of Loreto
18000 E. Arapahoe Road, Foxfield, 80016
1:00 PM

Tue., Mar. 5, 2019
Good Shepherd
620 Elizabeth Street, Denver, 80206
11:00 AM

Tue., Mar. 5, 2019
Christ the King
860 Elm Street, Denver, 80220
1:00 PM

Thu., Mar. 14, 2019
St. Catherine of Siena
4200 Federal Blvd., Denver, 80211
11:00 AM

Thu., Mar. 14, 2019
Guardian Angels
1843 West 52nd Avenue, Denver, 80221
1:00 PM

Tue., Mar. 19, 2019
St. Therese
1200 Kenton Street, Aurora, 80010
11:00 AM

Tue., Mar. 19, 2019
St. Pius X
13680 East 14th Place, Aurora, 80011
1:00 PM

About Seeds of Hope: The mission of Seeds of Hope is to cultivate minds and hearts for Christ by making a transformative Catholic education financially accessible to any family who seeks it. Seeds of Hope accomplishes it mission by providing tuition assistance to schools across the Archdiocese of Denver for families in need through fundraising activities. Seeds of Hope also partners with the Archdiocese of Denver’s Office of Catholic Schools on a Variable Tuition Program that helps calculate affordable tuition for families. Learn more about Seeds of Hope at www.seedsofhopedenver.org.