Home
/
RELIGION & LIBERTY ONLINE
/
The Complexities of Sexuality, Religion, and Cake
The Complexities of Sexuality, Religion, and Cake
Mar 20, 2026 4:40 AM

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
The soul of the polis
In this week’s Acton Commentary, “Piety and Politics: The Church’s Social Responsibility,” I take up the Kuyperian distinction between the church conceived as organism and as institute and point out some ways in which such ideas can help us navigate the dangerous waters of social and political engagement. When the Letter to Diognetus describes the diffuse influence of Christians in the world, it uses the living imagery of the soul: What the soul is in the body, that Christians are...
How to understand the demand curve
Note: This is the secondpost in a weekly video series on basic microeconomics. To demonstrate how much of a good or service people are willing to buy at different prices, economists often use a graph called the demand curve. In this video, Marginal Revolution University revealswhat a demand curve is, explains “why people go crazy on Black Friday,” and shows how people respond to changes in the price of oil. (If you find the pace of the videos too slow,...
The high cost of air pollution: trillions of dollars and millions of premature deaths
Air pollution is now the world’s fourth-leading fatal health risk, causing one in ten deaths in 2013. According to a new study by the World Bank, the premature deaths due to air pollution costs the global economy about $225 billion in lost labor e, or about $5.11 trillion in welfare losses worldwide. That is about the size of the gross domestic product of India, Canada, and bined, notes the report While we tend to think of air pollution as occurring...
The rhythm of vocation: A challenge to ‘work-life balance’
“If all of our working and all of our resting serves the same vocation of love, why do we so often feel out of balance?” In a recent talkfor theOikonomia Network, author and church historian Dr. Chris Armstrong offers a fascinating exploration of thequestion, challenging mon Christian responses on “work-life balance” andoffering a holistic framework forvocation, service, and spiritual devotion. Recounting a situation where hehimself wasfaced with frustrations about work and family life, Armstrong recalls the advice he received from...
7 Figures: Income and poverty in the U.S.
Yesterday the U.S. Census Bureau released itslatest report on e and poverty in the United States. Here are seven figures from the report you should know about: 1. Real median household e increased 5.2 percent between 2014 and 2015—from $53,700 to $56,500. (This is the first annual increase in median household e since 2007.) 2. In 2015 the median e of a married-couple household was $84,626. For a female head of household (no husband present) the median e was $37,797....
Why being able to trust strangers leads to prosperity
My mother would be mortified by my behavior. Since before I could walk she warned me about “stranger danger”: Don’t get into a car with strangers; don’t accept candy from strangers; don’t’ go into a strangers house, etc. What would she think if she knew I had taken an Uber to an Airbnb? Growing up in the 1970s parents and teachers drilled into my young brain the idea that the most dangerous people in the world (aside from Commies) were...
The most surprising fact about American poverty
Every year, the U.S. es out with its report on es and poverty. And every year the same finding repeatedly surprises me. As economist David Henderson says, the report “always shows that there is mobility between e categories, even in the short run, and that poverty is temporary for most people in America who experience it. Virtually all reporters ignore it.” First, the bad news. The report reveals that during the 4-year period from 2009 to 2012, more than one...
How much economic value does religion provide America?
How much value does religion add to the U.S. economy? According to a new study the effect of religion exceeds the revenue of the ten largest panies—including Apple, Google, Amazon, and bined. The study, recently published in the Interdisciplinary Journal of Research on Religion, provides three estimates of the value of faith to U.S. society. The first and most conservative estimate takes into account only the revenues of faith-based organizations falling into several sectors (education, healthcare, local congregational activities, charities,...
Pope Francis calls climate change a sin
Pope Francis recently referred to climate change as a sin in a message he gave on the world day of prayer. Research fellow at the Acton Institute, Dylan Pahman, had a lot to say about this in a new article at The Stream. mented on Francis’ message as well as analyzing the effects on the poor of some of the policy prescriptions that Francis has praised. He says: What seems to be lost on these hierarchs is what to do...
5 Facts About the U.S. Constitution
Tomorrowis Constitution Day, a holiday celebrated in America every year on September 17, the anniversary of the day the framers signed the document. Here are five facts you should know about the U.S. Constitution: 1. The Constitution contains 4,543 words, including the signatures and has four sheets, 28-3/4 inches by 23-5/8 inches each. It contains 7,591 words including the 27 amendments. It is the oldest and shortest written Constitution of any major government in the world. 2. Thomas Jefferson did...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved