Cakes and Liberty

Mark David Hall yesterday posted “Phillips Likely to Win Masterpiece Cakeshop Case, Five Votes to Four” at Law & Liberty. I fervently hope that Phillips wins, and by a greater margin than 5-4 (though that’s probably too much to hope for).

I must say, however, that I do not much care for the First-Amendment grounding of Phillips’s case. As Hall points out, Phillips was found guilty of violating Colorado’s public accommodation statute by the state’s Civil Rights Commission when he refused to provide a cake for a same-sex wedding.

And therein lies the real injustice, which stems from the Civil Rights Act of 1964. That law (among several things) prohibits racial discrimination in “public accommodations“, which are

generally defined as facilities, both public and private, used by the public. Examples include retail stores, rental establishments and service establishments as well as educational institutions, recreational facilities, and service centers.

What is going on with Masterpiece Cakeshop, and similar cases involving florists and photographers, is what has been going on since the enactment of the Civil Rights Act of 1964 and the U.S. Supreme Court’s subsequent rulings to uphold the law: the abrogation of property rights, liberty of contract, and freedom of association.

The only excuse for pursing Phillips’s cause as a First Amendment issue is that it is far too late to restore property rights, liberty of contract, and freedom of association — all of which have been smothered by the dense web of legislative, executive, and judicial decrees that suppresses liberty in the name of liberty.

Freedom of speech and freedom of religion are hanging on by the barest of threads. If Phillips loses in the Supreme Court, they will go the way of property rights, liberty of contract, and freedom of association.


Related posts:
Substantive Due Process, Liberty of Contract, and the States’ Police Power
The Constitution: Original Meaning, Corruption, and Restoration
Our Perfect, Perfect Constitution
Restoring Constitutional Government: The Way Ahead
“We the People” and Big Government
Getting “Equal Protection” Right
The Writing on the Wall
How to Protect Property Rights and Freedom of Association and Expression
The Principles of Actionable Harm
Judicial Supremacy: Judicial Tyranny
The Beginning of the End of Liberty in America
Substantive Due Process, Liberty of Contract, and States’ “Police Power”
Why Liberty of Contract Matters
The Answer to Judicial Supremacy
There’s More to It Than Religious Liberty
Turning Points
Equal Protection in Principle and Practice
Freedom of Speech and the Long War for Constitutional Governance
Equality
Academic Freedom, Freedom of Speech, and the Demise of Civility