That would then raise difficult questions about when the presumption of religious exemption can be rebutted. Nor is it enough that wedding cakes are supposed to be aesthetically pleasing. And this freedom not to speak must include the freedom not to create speech, and not to participate in others' speech. The Free Speech Clause doesn't give a limo driver a legal right not to drive a couple from their same-sex wedding.
But a hairdresser who, for instance, refuses to do cornrows for a white customer or refuses to cut a woman's hair in what he sees as an improperly masculine style can't claim a First Amendment freedom from compelled speech. There's no doubt that emotional harm can result from being turned away from a business establishment because of who you love. Our Constitution isn't a libertarian document. Government should neither deny nor abridge any individual's human right based upon sex, wealth, ethnicity, creed, age, national origin, personal habits, political preference or sexual orientation. And if a restriction on the ability to bake cakes isn't a speech restriction, then a requirement to bake cakes even for ceremonies one disapproves of isn't a speech compulsion. Others in the party criticized that rejection of the principles set forth in the L. Supreme Court in the case Masterpiece Cakeshop v. But we've always insisted that the law respect views held by minorities, and as libertarians we oppose using coercion to compel conformity in the private sector. Klausner Joanna AndreassonLibertarians generally take a live-and-let-live approach, advocating freedom of association over anti-discrimination mandates. When one vendor turns a couple away, there are numerous others lining up to win that couple's business. The Court in the Masterpiece Cakeshop case found evidence of such discrimination in the Colorado proceedings, but that won't be so in many other similar cases. Reason Foundation filed an amicus brief with the U. Courts have recognized the need to distinguish speech from conduct when it comes to speech restrictions, and the Supreme Court has rejected "the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea. That's a refusal to do, not a refusal to speak. Nor is it enough that wedding cakes are supposed to be aesthetically pleasing. A musician shouldn't be forced to play at Republican-themed events, even if he plays at other political events, and even in a city such as Seattle or D. The same is true for bakers, even ones who create beautiful cakes for use at weddings. The Free Speech Clause does not protect them all. If and when this question returns to the Supreme Court, the justices should invoke the twin First Amendment protections of expressive speech and religious freedom to convincingly support tolerance for unpopular views in a pluralistic society. It is a free speech clause, not a freedom of action clause, and courts thus must distinguish speech and a limited zone of symbolic expression that is basically tantamount to speech from other behavior. A voluntary, market-oriented approach is the best way to reconcile the competing interests in such situations. That would then raise difficult questions about when the presumption of religious exemption can be rebutted. The same is true for restaurants or bakeries, even ones that create beautiful dishes or beautiful cakes. Subway calls its sandwich makers "sandwich artists," but that doesn't give it a Free Speech Clause right to discriminate among would-be patrons of such arts. Support for same-sex marriage in the U.
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