Home
/
RELIGION & LIBERTY ONLINE
/
The Complexities of Sexuality, Religion, and Cake
The Complexities of Sexuality, Religion, and Cake
Nov 4, 2025 3:34 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
The Declaration of Independence as American creed
The Declaration of Independence contains the clearest, most concise, and most eloquent articulation of the American creed, says David Azerrad, a political definition of man in two axioms, and three corollary propositions on government. In the course of making this argument and building their case, the founders also laid down the timeless and universal principles that were to define the new country. In that second paragraph, we find the clearest, most concise, and most eloquent articulation of the American creed....
Time for Catholics to reconsider their support for minimum wage laws
There has been much discussion this week surrounding the effects that Seattle’s minimum wage law has had on job creation (see PowerBlog posts here, here and here). Is it time for those Catholics who have supported substantially raising the minimum wage in Seattle and other cities to rethink their position? In January of 2014, the United States Conference of Catholic Bishops wrote a letter to the United States Senate that urged Congress to consider any legislation that would increase minimum...
Movie review: ‘Okja’ and the power of free markets to save lives
Okja, the new filmfrom the director of Snowpiercer, was simultaneously released online and in the theater to coincidewith the extended Fourth of July holiday. ButOkja, which seeks to portray capitalism in a negative light, deserves to be remembered for its portrayal of how free markets save lives. Okja is the story of a simple South Korean orphan named Mija (An Seo Hyun) whose only friend is the film’s titular character, a genetically modified “super pig” about to be slaughtered. Okja...
Joe Carter: Justice Gorsuch a ‘champion of religious freedom’
On Monday, June 26, the Washington Examinerpublished an article by Ryan Lovelace titled “Conservatives cheer Gorsuch amid flurry of decisions on final day of Supreme Court term.” After concurring with Chief Justice John Roberts on Trinity Lutheran v. Comer, a 7-2 decisionin favor of a church preschool in Missouri,Justice Neil Gorsuch leaves his firsttwo months inthe high court with the approval of many conservatives. In the article, Joe Carter, a senior editor at the Acton Institute, applauds Gorsuch: In his...
Reining in the EPA’s regulatory overreach
President Donald Trump turned heads and drew criticisms for his efforts to curb the regulatory reach of the Environmental Protection Agency. With the appointment of Scott Pruitt to lead the agency, Trump has vowed to create a leaner bureaucracy by requiring agencies to repeal two regulations for each new regulation enacted. This, however, is no small task considering the sheer number of regulations left behind by previous administrations. The Obama administration—which broke the record for the most rules and regulations...
Minimum wage, minimum liberty
Taking their cue from Seattle, cities and states are implementing minimum wage increases all over the country. Late last year, voters in Washington approved an increase in the statewide minimum wage that will raise it to $13.50 per hour by 2020. Three other states have also approved increases, including the typically conservative Arizona, where by 2020 the minimum wage will increase to $12 per hour. Yet such policies rely on a fundamental abridgment of employer and employee freedom, leading to...
How God makes a smartphone
“Everybody has a cell phone,” Steve Jobs told John Lasseter, chief creative officer at Pixar, “but I don’t know one person who likes their cell phone.” The frustrated CEO of Apple decided to do something about the problem, which lead to one of the greatest products of the modern age. Ten years ago today he released the first version of the famed iPhone. Jobs didn’t invent the smartphone. And while he was the guiding force behind the iPhone, he really...
Are slums a sign of human creativity and potential?
As humans, we are made in the image of God. We are co-creators, fashioned to produce and create, contribute and collaborate, give and receive, trade and exchange. Yet far too often, in our approaches to fighting poverty, we subscribe to a fundamental distortion of this reality, treating humans as mere consumers and“drains” on wealth and resources. In the context of poverty, this quickly leads to treating people as the problem, not the solution. “When we put the person at the...
Families with stay-at-home moms pay 5-times more taxes in this nation
U.S. taxpayers are familiar with marriage penalty, but it is not merely a problem facing American families. In the Netherlands, afamily with a stay-at-home mother could pay more than 560 percent more in taxes than an identical family making the exact same e. Ironically, the Dutch tax code treats families with es in vastly disparate ways in the name of equality, explains Arnold Huijgen, Ph.D., in a new essay for Religion & Liberty Transatlantic. This bizarre state of affairs e...
Is the Declaration of Independence a ‘Christian’ document?
‘Faith is a very, very important part of my life,” presidential candidate Rick Santorum said in 2012, “but it’s a very, very important part of this country. The foundational documents of our country—everybody talks about the Constitution, very, very important. But the Constitution is the ‘how’ of America. It’s the operator’s manual. The ‘why’ of America, who we are as a people, is in the Declaration of Independence: ‘We hold these truths to be self-evident, that all men are created...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved