Home
/
RELIGION & LIBERTY ONLINE
/
The Complexities of Sexuality, Religion, and Cake
The Complexities of Sexuality, Religion, and Cake
Apr 20, 2025 12:17 PM

Last Friday at Religion Dispatches, Kara Loewentheil explored the recent story of a Denver bakery that is being “sued for refusing to bake a homophobic cake.” She calls into question the legitimacy of the request:

It’s a snappy inversion of the now-classic example of bakers who refuse to provide wedding cakes for gay marriage mitment ceremonies (or florists who refuse to provide flowers, photographers who refuse to photograph the ceremony, etc.). And that’s probably not an accident;if I were a betting woman, I’d bet heavily that a pro-religious-exemption think tank or law firm, like the Becket Fund, e up with this plan and recruited a plaintiff to set it in motion.

Joe Carter has recently noted this case here at the PowerBlog as well, writing,

Whether the request was serious or a stunt done to make a political point, I find the viewpoint expressed to be loathsome. Assuming the words were indeed “hateful” they should have no association with a symbolic representation of the Christian faith. I also believe Ms. Silva should not be forced to use her creative skills in a way that violates her conscience.

This case is interesting, as Loewentheil put it, as “a snappy inversion of bakers who refuse to provide wedding cakes for gay marriage mitment ceremonies.” And to her credit, despite her suspicion that the cake is a lie, she goes on to consider the implications by sharpening the question with a further hypothetical situation:

But what if there was no speech involved, or even no image at all? Just a customer es in and says “I want to order a cake to be used at my Church prayer group, where we plan to pray that God will smite anyone in a same-sex marriage or who has had an abortion. We will bless the cake and serve it in celebration of this holy purpose.”That’s a reasonable analogy to the gay couple that requests a cake for their wedding ceremony, I think, for the purposes of separating out identity from action, although it’s an imperfect one given the social and spiritual and legal significant of a marriage. But still, it’s a worthwhile foil for thinking through the argument. So does the fact that I find the prayer service purpose hateful or objectionable, or in conflict with my own principles, change its legal implications?

She explores several possible answers, es down undecided in the end:

Another interesting thought experiment is to imagine that you have an anti-marriage equality baker who is willing to bake cakes for gay customers in general, even knowing they are gay, but is not willing to bake one for a gay marriage. If that is discrimination on the basis of sexual orientation, then how do we think about a baker who would be willing to bake a cake for religious Christians in general, but just not if it is to be used at an anti-abortion or anti-marriage equality prayer service?

I’m not sure what the answer is here. But one of the things I find really interesting about this example is the way it highlights the blurry boundaries between politics and religious values.

I have been hesitant ment on these cases myself for precisely this reason. In fact, I think the boundaries are even blurrier.

Let’s take the case of Masterpiece Cakeshop in Lakewood, Colorado, for instance. The ACLU summarizes the case as follows:

On May 30, 2014, the Colorado Civil Rights Commission determined that Masterpiece Cakeshop unlawfully discriminated against David Mullins and Charlie Craig by refusing to sell them a wedding cake.​

In Colorado, both sexual orientation and religion, in addition to race and nation of origin, are protected classes by law, meaning that a person cannot discriminate against a person on the basis of religion or sexuality. I find this interesting — and blurry — because in these cases the two are ostensibly conflicting.

From both sides, each persons of a particular protected class want their protected class status to apply to beyond individual actions to group activities while denying it to the others. We can break down the distinctions as follows:

Protected Class Religion Sexual Orientation
Individuals Bakers Same-Sex Couple
Group Bakery Wedding Party
Group Event/Action Baking cakes Wedding Celebration

The bakers believed that their religion prohibits them from participating in a same-sex wedding ceremony by baking a cake through their bakery, and that their private group activity as a bakery would be protected by law. The couple claimed that their protected class status extended to their own group and group activity, their wedding party and celebration, respectively, and expected them to be protected by law. In the same mentators from either side cried discrimination and bigotry.

For the more recent case, it is not quite as clear of a conflict. As Loewentheil notes, “In this case the baker herself actually identifies as Christian, so in some sense it’s a conflict between two types of Christianity.” Nevertheless, it brings the conflict back into popular reflection.

And there are plications.

All this time, each side presumes membership in a protected class, but that status is not so clear cut — not as clear as, for example, the protected classes of race and nation of origin. These paratively easy to verify (DNA tests, birth certificates, et al.). And, as Joe Carter put it, “race is immutable.” Not so with religion or sexual orientation.

What determines one’s religion? Self-identity? If so, can anyone simply claim any religion or even make one up? Or — for legal purposes — does it require documented membership in a religious body? And if so, in order to object as Masterpiece Cakeshop did, does it require that religious body to explicitly prohibit any participation in same-sex wedding ceremonies? And if not, are religion and conscience really the same thing? Can one claim religious discrimination in a matter of conscience where one’s own religious body does not explicitly acknowledge it? From a legal perspective, how could that be enforced?

What about sexuality? Can sexual orientation simply be claimed? Is it not, at least, a matter of psychology as much as (or more than) choice, if the latter at all? What determines membership in this class? Can it be documented for legal purposes? There is no official club with membership records (that I know of). Some people live in denial for years before admitting it to themselves, not to mention to others. Can they claim retroactive discrimination before they self-identified as part of this class? Certainly self-identification plays some significant role. But is it reducible to that? Would homosexual persons want their sexual orientation to be reduced to whim?

The positive side of this most recent and otherwise regrettable case is that it does, to some extent, invert the situation. One economic distinction seems relevant, that between vendors and customers. For Colorado, consistent application of the law would seem to require an fortable ruling in favor of the customers. The fact, however, that they wanted a hateful message written on the cake, as Loewentheil notes, raises questions of free speech that also may affect this ruling unlike that of the Masterpiece Cakeshop. To my knowledge, David Mullins and Charlie Craig did not request “God hates traditional marriage” to be written on their cake.

So a true converse of previous cases may remain only hypothetical at this point. That, I would add, is unfortunate, since as far as I can tell the conflict in Colorado — and elsewhere — is revealing flaws in laws written to protect certain groups of people who historically have suffered real and severe persecution. I’d like to see a solution that satisfies all advocates of non-discrimination, rather than one at the expense of another. But I haven’t seen one yet.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Acton University’s Featured Speakers Announced
Acton University is just two months away and we’ve just confirmed our featured lecturers for the big event. Check out their bios below. The four featured speakers are: Rev. Robert Sirico He is president and co-founder of the Acton Institute. Fr. Sirico serves on the staff of Sacred Heart of Jesus parish in Grand Rapids, Michigan. His writings on religious, political, economic, and social matters are published in a variety of journals, including: theNew York Times, theWall Street Journal,Forbes, theLondon...
What Christians Should Know About Bitcoin (Part 3 of 3)
[Note: This is the third entry in a three part series. You can read the introductory posthereand part two here.] The Disadvantages of Bitcoin For people who are not obsessed with anonymity and are not waiting for the U.S. to return to the gold standard, the reasons for avoiding entering the Bitcoin market are numerous: 1. Convertibility – Whereas other currencies are convertible into other financial instruments (dollars to checks to certificates of deposit, etc.) and through numerous third-party services...
Review: Fr. McCloskey on ‘Becoming Europe’
Fr C. John McCloskey, a Church historian and research fellow at the Faith and Reason Institute in Washington, recently reviewed Samuel Gregg’s ing Europe: Economic Decline, Culture, and How America Can Avoid a European Future. He says: Samuel Gregg, director of research at the Acton Institute in Grand Rapids, Mich., has written a very timely book, given the concerning state of our economy and, more importantly, our ever-declining moral life. … ing Europe opens with an account of the human...
Hostility Against Religion: It’s a Rising Tide
The Pew Forum on Religion & Public Life has been studying the steady rise of hostility towards religious expression and religious liberty worldwide. In fact, they found that restrictions on religion rose in every major area of the world, including the United States, since the study began in 2009. Citing what the Pew Forum calls “social hostilities” (as opposed to government hostilities), the study found that Pakistan, India and Iraq were the most hostile countries to religious freedom. The Social...
A Win-Win Solution: The Empirical Evidence on School Choice
A new report by Greg Forster of the Friedman Foundation finds that of all the “gold standard” research on children who utilize school vouchers, 11 of 12 studies conclude all or some of those students achieve better educational es. No study found choice participants were worse off than those remaining in traditional public schools: The evidence points clearly in one direction. Opponents frequently claim school choice does not benefit participants, hurts public schools, costs taxpayers, facilitates segregation, and even undermines...
A Night At The Movies: Higher Costs, Less Hours For Employees
If your next date night costs you more, you can thank Obamacare. Regal Entertainment Group, the country’s largest movie theater chain, has announced that it is cutting employee hours due to Obamacare related costs. One Regal theater manager told the move has sparked a wave of resignations from full-time managers who have seen their hours cut by 25 percent or more. “In the last couple weeks, managers have been quitting on a daily basis from various locations to try and...
Hipsters and Elitists versus Chain Stores
New York City’s hipster and elitist class seem to believe that they should have some role in determining what business owners do with their property. Like hipsters and elitists around the country, New York’s cohort are banding together to panies that do not present the utopian vision for the neighbors where these elites dwell (most of whom are renters, by the way). There is much buzz in New York City right now because more and more national chains are setting...
Samuel Gregg: ‘Veritatis Splendor – The Encyclical That Mattered’
Samuel Gregg, Director of Research at Acton, discusses Blessed John Paul II’s 1993 encyclical Veritatis Splendor (The Splendor of Truth) in a new article in Crisis Magazine. Entitled, ‘Veritatis Splendor: The Encyclical That Mattered’, Gregg makes the claim that this encyclical may e one of the greatest in history. Why? For one thing, Veritatis Splendor was the first encyclical to spell out the Catholic Church’s fundamental moral teaching. Catholicism had of course always articulated the moral dimension of Christ’s message....
Bitcoin as ‘Super Fiat’ Currency
Joe has done us all a real service in putting together his three part (1, 2, 3) primer on Bitcoin (full PDF here). I am curious, though, what the justification is for referring to Bitcoin as a modity” currency. Consider this from Izabella Kaminska at the FT Alphaville blog: For those who insist that the term “fiat” refers exclusively to government-issued fiat currency, it’s perhaps better to interpret our use in the evolutionary sense. Meaning that Bitcoin (and other virtual...
Do We Want Prices to Fool Us?
J.C. Penney recently gave up on last year’s strategy to abandon sales and coupons in favor of “everyday low pricing.” As an article in the New York Times points out, “simplifying pricing, it turns out, is not that simple”: “It may be a decent deal to buy that item for $5,” said Ms. Fobes, who runs Penny Pinchin’ Mom, a blog about couponing strategies. “But for someone like me, who’s always looking for a sale or a coupon — seeing...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved