Dressmakers, Bakers, and the Equality of Rights.

The paper’s abstract is below and the author is Michael McConnell of Stanford.

Using recent examples involving dressmakers refusing to create designs for the First Lady at the Trump inauguration, this paper explains why Masterpiece Cakeshop should be decided in favor the baker who refuses to create a wedding cake for a same-sex wedding ceremony, and why this should be understanding as an equality of rights, rather than prioritizing free speech over nondiscrimination.

Here is one bit.

Like an inaugural gown, a wedding cake is an expression of its designer’s “values” and “point of view”—even if the dress contains no words and no symbols specifically referring to Trump. It is the event at which the dress (or cake) would be used that supplies the expressive context—not necessarily anything particular to the dress (or cake). Like dress designers, Phillips distinguishes between selling off-the-shelf items to a customer on a retail basis and “making one-of-a-kind garments [or cakes] for individuals.”


And just as there are many designers “who would happily, and without reservation, create a splendid wardrobe for the first lady,” the record in the Colorado case shows that there were dozens of bakers in close proximity to Masterpiece Cakeshop who would happily create a cake for their occasion. This means there is no practical burden on Melania or on the couple from the denial of service—only the insult that comes from knowing that another human being disapproves, which is precisely what the dressmaker and the baker wish to communicate, and the government has no right to prevent.

You can read the rest here.