The issue of same-sex marriage in relation to two religious freedom narratives, one where religious freedom allows “constitutional exemption” and the other that grants individuals the right to practice their religion freely, arose when the “Masterpiece Cakeshop versus Colorado Civil Rights Commission” case began in November 2017.
The case revolves around cake baker Jack Phillips, who refused to sell a wedding cake to a same-sex couple, Charlie Craig and David Mullins. In July 2012, Craig and Mullins visited Masterpiece Cakeshop in Colorado to buy a cake for their wedding reception, but they were told by the bakery owner the shop did not sell wedding cakes to same-sex couples. On Dec. 5, 2017, the United States Supreme Court heard arguments about this case.
Gracepoint Baptist Church Pastor John Allen said the business owners have the right to refuse service if the request violates their conscience. Allen said there are certain things that are off-limits, like only serving one group and not others. Service is for the public, so selling to customers is fine, but asking to cater something which goes against the owner’s conscience is different.
“I believe that the cake decorators should be able to say, ‘I don’t want to make a cake for your wedding,’” Allen said. “If you want me to do something special that violates my conscience, I’ll probably not do it.”
A reverend at Germantown United Methodist Church, Brad Gabriel, said “his opinion is one thing, but church and law are entirely different.” The United Methodist book of discipline states same-sex marriages cannot be performed by their clergy or in their facilities, but Gabriel’s personal opinion is separate from the stance of the church.
“If you are going to engage in commerce with the public, you should be able to engage in commerce with the public,” Gabriel said. “I’m old enough to remember when restaurants would choose not to seat African-Americans or people of color. If you want to do business with the public, you should be willing to do business with the public.”
Memphis Islamic Center Youth Director Safi Khan does not agree with the owner’s decision because he said “being kind” is a part of the Islamic religion.
“In our religious doctrine, it’s (same-sex marriage) not allowed,” Khan said. “Now that doesn’t leave room for people to abuse people who are homosexual. That’s not allowed in Islam either.”
Aram Goudsouzian, the chair of the history department at the University of Memphis, disputes the idea that business owners have the freedom of religion to deny service to same-sex couples. He said the argument is “outdated and discriminatory,” and “1960s racists” used this same idea to deny service to black people.
“If a business owner claimed the religious freedom to deny service to African-Americans, or Jews or women, we would classify that argument as bunk,” Goudsouzian said. “The Supreme Court has recognized the constitutional right of same-sex couples to marry. To then deny same-sex couples the basic protections of the Constitution would be a gross miscarriage of justice.”
Maria Estrada, a Catholic and fashion merchandise major, said the cake baker should not have refused the couple regardless of the owner’s religious qualms.
“Love is love for me, so I’m for same-sex marriage,” Estrada said. “I definitely think that was selfish just because it was their opinion and just because of a cake. It’s not like they’re doing anything illegal or harming anyone.”
