Even if the First Amendment Doesn’t Protect Cake-Decorating as Speech, Why Bully the Bakers?

Tomorrow the Supreme Court hears the case of Masterpiece Cakeshop, whose owner, Jack Philips, declined on religious grounds to bake a cake for a gay wedding. The couple who had wanted to commission the cake reported Philips to the Colorado Civil Rights Commission, which determined he violated non-discrimination law; his lawyers claim that punishing him violates his freedom of speech. While Phillips’s case is legally unconvincing, asserts George F. Will, his accusers’ behavior is abhorrent:

A cake can be a medium for creativity; hence, in some not-too-expansive sense, it can be food for thought. However, it certainly, and primarily, is food. And the creator’s involvement with it ends when he sends it away to those who consume it. Phillips ought to lose this case. But Charlie Craig and David Mullins, [the couple] who sought his punishment, have behaved abominably.

To make his vocation compatible with his convictions and Colorado law, Phillips has stopped making wedding cakes, which was his principal pleasure and 40 percent of his business. He now has only four employees, down from ten. Craig and Mullins, who have caused him serious financial loss and emotional distress, might be feeling virtuous for having done so. But siccing the government on him was nasty.

Denver has many bakers who, not having Phillips’s scruples, would have unhesitatingly supplied the cake they desired. So, it was not necessary for Craig’s and Mullins’s satisfaction as consumers to submit Phillips to government coercion. Evidently, however, it was necessary for their satisfaction as asserters of their rights as a same-sex couple.

Phillips’s obedience to his religious convictions neither expressed animus toward them nor injured them nor seriously inconvenienced them. Their side’s sweeping victory in the struggle over gay rights has been decisive, and now less bullying and more magnanimity from the victors would be seemly.

Read more at Washington Post

More about: American law, First Amendment, Freedom of Religion, Freedom of Speech, Gay marriage, Religion & Holidays

Hamas’s Hostage Diplomacy

Ron Ben-Yishai explains Hamas’s current calculations:

Strategically speaking, Hamas is hoping to add more and more days to the pause currently in effect, setting a new reality in stone, one which will convince the United States to get Israel to end the war. At the same time, they still have most of the hostages hidden in every underground crevice they could find, and hope to exchange those with as many Hamas and Islamic Jihad prisoners currently in Israeli prisons, planning on “revitalizing” their terrorist inclinations to even the odds against the seemingly unstoppable Israeli war machine.

Chances are that if pressured to do so by Qatar and Egypt, they will release men over 60 with the same “three-for-one” deal they’ve had in place so far, but when Israeli soldiers are all they have left to exchange, they are unlikely to extend the arrangement, instead insisting that for every IDF soldier released, thousands of their people would be set free.

In one of his last speeches prior to October 7, the Gaza-based Hamas chief Yahya Sinwar said, “remember the number one, one, one, one.” While he did not elaborate, it is believed he meant he wants 1,111 Hamas terrorists held in Israel released for every Israeli soldier, and those words came out of his mouth before he could even believe he would be able to abduct Israelis in the hundreds. This added leverage is likely to get him to aim for the release for all prisoners from Israeli facilities, not just some or even most.

Read more at Ynet

More about: Gaza War 2023, Hamas, Israeli Security