June 5, 2018

NOT A PIECE OF CAKE: I am of two minds about Masterpiece Cakeshop. On the one hand, I’m sure it’s not comforting for the owner of Masterpiece Cakeshop to think that the Colorado Civil Rights Commission might have won if its members had only disguised their contempt for people of faith a bit better. On the other hand, as my colleague Maimon Schwarzschild has written in “Do Religious Exemptions Save?,” the alternative—a Constitutionally-mandated duty to accommodate religion—may not work so well either.

In the end, there is no substitute for living in a country where people (and hence legislators) want to accommodate the sincerely held religious and moral views of others and don’t want to dragoon them into actions to which they have such objections unless it’s really necessary.