Dear families and friends:
This morning’s Supreme Court ruling in the Masterpiece Cakeshop case wasn’t a win, or a loss: it was a draw.
“Religious exemption” arguments may not be used to justify discrimination against LGBTQ people. And LGBTQ people in the 19 states who are currently protected – as in California – remain just as protected today as we were yesterday.
But the court missed an opportunity to strike down those “religious exemption” arguments once and for all. The larger issues remain unresolved by the court, so we still have a lot of work ahead of us to ensure nondiscrimination protections nation-wide.
For those unfamiliar with the case, here’s a thumbnail sketch from the ACLU:
“In 2012, Mullins and Craig visited the Masterpiece Cakeshop to order a cake for their wedding. After the bakery turned the would-be customers away because they were a same-sex couple, Mullins and Craig filed a complaint with the Colorado Civil Rights Commission. The commission found that the bakery had discriminated against the couple in violation of Colorado law, a decision the Colorado courts upheld. The Supreme Court today found that members of the Commission had made statements evidencing anti-religious bias, and thus had not given a fair consideration to the bakery’s claims.”
So: the ruling was in favor of the baker, but in a very narrow, “case-specific” way. What does that mean?
We still have work to do: we must continue to vigorously oppose “religious exemption” arguments to justify discrimination, and we must continue to vigorously advocate for federal-level protections for all LGBTQ people via the Equality Act. Our Family Coalition Emeritus Board member and nationally-recognized family law expert Deborah Wald underscores the need for this kind of legistation:
“While we respect every person’s right to practice their religion, we cannot be a country where businesses can choose to cater to only one race, one religion, or one sexual orientation or gender. Each of us must have the right to walk into any store on any street in America with confidence that we will be treated with respect.”
The First Amendment to the U.S. Constitution guarantees we all have the right to pracice our own religion, or no religion at all. But it has never meant that religion can be used as justification to discriminate. Father Richard Smith, Vicar of St. John the Evangelist Episcopal Church in San Francisco, clarifies how important this is for all of us, regardless of faith:
“If it was morally reprehensible in the Jim Crow south for business owners to refuse to serve people who were black, it is equally reprehensible for them now to refuse to serve people who are gay. For too long, bogus theological and legal claims have justified discrimination. Let’s call this one what it is: sheer bigotry that denies the dignity of human beings created in God’s image.”
What can you do today?
- If they don’t already, urge your representative to support the Equality Act, which amends the Civil Rights act to include LGBTQ people – and if they do, thank them!
- If they don’t already, urge your representative to support Do No Harm Act, which amends the Religious Fredom Restoration Act to ensure it’s not used in a discriminatory way– and if they do, thank them!
- Join our Speaker’s Bureau and help amplify the voices of LGBTQ family in all these issues affecting us.
- Support Our Family Coalition’s ongoing efforts to ensure equity for all of us.
It was never about the cake. And: the baker’s win is not, in simple terms, our loss. But we still have work to do. We’re honored to do it together with you.
Yours in solidarity,
Renata Moreira
Executive Director
P.S. Our friends at the National Equality Action Team and the ACLU have made it easy to find a rally in your area to show your support of nondiscrimination protections and opposition to the use of religion as a weapon.
