Home
/
RELIGION & LIBERTY ONLINE
/
The Complexities of Sexuality, Religion, and Cake
The Complexities of Sexuality, Religion, and Cake
Apr 28, 2026 3:17 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 persecution of Jimmy Lai
It’s no secret that China isn’t exactly flavor of the month throughout the world right now. Before the court of global opinion, the reputation of the Chinese regime is about as low as it can go. That, however, does not appear to be deterring China’s Communist leadership from continuing to behave in ways which have rightfully drawn upon it the odium of the world. There are of course plenty of people in China who disapprove of their government’s actions. The...
In a pandemic, the poor need global markets more than ever
The coronavirus global pandemic has scrambled everything from economic policy to geopolitics. This disruption has created space for many to reconsider the world’s pre-coronavirus arrangements. Trade and globalization will undoubtedly be on the menu for renegotiation. As the world again considers the extent to which it wants to be interconnected, we must continue to forge a path that connects as many people to markets as possible. It is this arrangement, and this arrangement alone, that has led to the greatest...
COVID-19 dynamism? New study explores innovation amid crisis
Amid the economic pain and disruption of COVID-19, much public attention has focused on the growing assortment of government interventions—from ever-increasing rules and regulations, to direct economic relief, to a mix of price controls and “stimulus” programs. Yet as governments continue their attempts at stabilizing the situation, we observe many solutions arising elsewhere. Across the economy and society, inventors, entrepreneurs, and workers are continuing to innovate and explore—reimagining their industries and businesses to address new constraints and meet human needs...
DeVos’ Title IX regulations restore justice to campus
On May 6, Secretary of Education Betsy DeVos unveiled new Title IX regulations concerning sexual harassment and sexual assault on campus. Despite outraged cries of “turning back the clock” that echo across both sides of the Atlantic, the 2,033-page code reasserts the moral, ethical and legal norms that formed the basis of Western society. The prior definition of wrongdoing was so tantalizingly vague as to be infinitely elastic. “Sexual harassment is e conduct of a sexual nature,” said a 2011...
What’s behind COVID-19 racial health disparities?
Soon after COVID-19 infection rates began to skyrocket in New York City and other densely populated urban areas, progressives and Democrats demanded data on the racial disparities of testing, treatments, and deaths. The data showed that blacks and Latinos were much more likely to die from the virus than whites and Asians. As expected, progressives moved to explain these disparities in terms of structural, systemic injustice in America’s health care system: Such injustice follows the country’s material and economic inequality....
The making and unmaking of European democracy
If there is anything that we have learned over the past five years of political turmoil in Western countries, it is that large numbers of people across the political spectrum are increasingly dissatisfied with the workings of modern democracy. These trends reflect, as numerous surveys illustrate, deep distrust of established political parties and, more particularly, those individuals whose careers amount to a series of revolving doors between elected office, government service, the academy, and politically-connected businesses. What’s often missing from...
Acton Line podcast: Rev. Robert Sirico on the church’s response to COVID-19
As the United States continues to wrestle with the fallout of COVID-19, many people are falling back on their faith and the church for peace. Many churches have decided to hold services online, and local governments have also stepped in and put parameters around church attendance to help mitigate the spread of the virus. Some actions taken by local governments have been appropriate, but some others leave us wondering if the government has overstepped. How can we tell the difference...
La situación del coronavirus en América Latina
Traducido por Joshua Gregor Este artículo se publicó originalmente en . Hasta ahora el coronavirus ha causado menos caos en América Latina que en Europa y los Estados Unidos. Pero incluso si el calor del verano ayuda a erradicar el virus en el hemisferio norte, será casi imposible que el movimiento de personas entre Norteamérica y Sudamérica vuelva a la normalidad si los países latinoamericanos no logran detener el virus. La incertidumbre más grande en Norteamérica es lo qué pasará...
Many prisoners released over COVID-19 have reoffended. Here are 3 lessons we can learn from that.
On Friday at The Stream, I wrote about the policy of releasing prisoners from penitentiaries in order to slow the spread of the coronavirus. Perhaps hundreds of those who have been released mitted new pounding the tragedies the American people must suffer during this global pandemic. In New York state alone, 50 freed inmates found themselves back in jail within three weeks. Last week at the Cato Institute, Clark Neily advocated broader release of prisoners and a fundamental rethinking of...
Rev. Sirico: How to heal soul, body and economy after a pandemic
The government-focused debate over how to emerge from the coronavirus shutdowns has been too dismissive of faith and private initiative, says Acton Institute President and Co-founder Rev. Robert A. Sirico in a new radio interview. In a wide-ranging discussion on Respect Life Radio, hosted by Deacon Geoff Bennett, Rev. Sirico began by outlining a wholistic response to the global pandemic. The public square has been dominated by petencies: science, economics, and faith, he says. “The extremes that people can take...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved