A judge ruled Friday that a Colorado-based bakery shop owner cannot refuse to sell a wedding cake to a same-sex couple celebrating their marriage because of his “religious freedom.”
Fox and Friends asked Masterpiece Cakeshop owner Jack Phillips for his reaction in a Tuesday segment called, “The Death of Free Enterprise,” where they discussed the judge’s ruling as a slippery slope to the end of constitutional freedoms. “This certainly could set precedent in terms of private businesses having to completely shed what they believe personally to offer something to a consumer, correct?” Fox host Elisabeth Hasselbeck said.
“I don’t feel that I should participate in their wedding and when I do a cake, I feel like I’m participating in the ceremony or event or the celebration that the cake is for,” Phillips said.
On his website, Phillips posted an editorial in which he claims to be the victim of religious persecution, arguing that he followed Colorado non-discrimination law to the letter, and he did not “discriminate on the basis of sexual orientation; he declined participation in speech and activity that would violate his religious beliefs.”
Administrative Law Judge Robert Spencer took apart each of these arguments in his ruling. It was irrelevant that Colorado does not recognize same-sex marriage and that Phillips would have sold a cake for another occasion, because Masterpiece Cakes discrimination was based on sexual orientation. The judge also responded to Phillips’ argument his freedom of speech and religion are under attack. He answered that selling cakes to customers does not count as either.