Christian bakers, gay cakes: Masterpiece cake shop v. the Constitution

Posted on June 4, 2018. Filed under: Bill of Rights, Civil Rights | Tags: , , , , , , |

Back in April of 2016 we published the post below; with today’s Supreme Court decision allowing a baker who runs a public business to refuse to serve those members of the public they don’t approve of, we need to run it again.

In the New York Times story, we find this rundown of the 2018 decision:

Gay rights groups argued that same-sex couples are entitled to equal treatment from businesses open to the public. …Religious groups responded that the government should not force people to violate their principles in order to make a living.

If this is the linchpin the argument turns on, let’s revisit one Christian baker’s take on this argument:

 

We were pleasantly shocked to hear an NPR interview with a baker in Mississippi who took a stand against the new state law, signed by Governor Phil Bryant, allowing religious organizations, individuals and businesses to refuse service to lesbian, gay, bisexual and transgender people if they feel offering such services violates their religious beliefs.

These sexuality laws are identical to the laws that allowed whites to refuse service to blacks in all but one way: the racial laws claimed a biological justification (that black people were biologically inferior to white people), while the sexuality laws claim a religious justification (famously summed up by some anonymous bigot years ago as “God hates fags”).

Somehow the example most commonly used to illustrate the anguish of being a business owner who has to serve someone they don’t approve of is the baker: Christian bakers shouldn’t be forced to bake gay wedding cakes.

This is bogus in all respects, legally and morally. As we said just a few posts ago,

Remember: if you don’t want to serve gay or trans people, don’t open a public business. Once you open a public business, you are obliged to serve the public—no exceptions. There’s no difference between these anti-gay laws and the anti-black laws that kept black people from eating in restaurants with white people, going to movie theaters with white people, and riding city buses with white people. Anti-gay laws are discrimination, and America finally got rid of that curse through the hard work of the civil rights movement in the 1950s-70s. You can’t teach kids in school that Rosa Parks was a hero if you then vote for a law that says you can keep trans people off your bus or out of your bakery.

But why listen to us repeat ourselves when you can listen to Mitchell Moore, a baker in Jackson, MS and an American who understands the civil liberties he has an obligation to uphold as an American:

RENEE MONTAGNE: As a baker, this bill would allow you to refuse service to people you don’t want to bake for. Have you ever felt forced to bake for clients that you didn’t want to serve?

—Right away, Montagne’s question points up the illegitimacy of the sexuality laws. Of course the answer is yes. Bakers, like other people who run public businesses, probably have customers they don’t like, whether it’s because those customers swear, or dress provocatively, have foreign accents, or tattoos, or wear head scarves, smell like marijuana, act rude and condescending, or do any of the other hundred things that can put people off.

But are there laws saying business owners don’t have to serve people whose clothes they don’t like? or smell? or language? No. Only sexuality. So we see immediately that the sexuality laws are singling out one type of potentially problematic customer, which is un-American and illegal under federal law.

MITCHELL MOORE: No, no that is not a problem. I am here to bake cakes and to sell those cakes. I’m not here to decide arbitrarily who deserves my cake and who doesn’t. That’s not what I do. That’s not my job.

MONTAGNE: Have you heard from others that they do have these objections?

MOORE: Not to my knowledge, no. Everyone that I know in the greater, say, wedding-service industry – we’re here to serve. The public’s made up of a lot of people. I don’t have to agree with what they do. I don’t have to support them. I serve them.

—So well-said: “I don’t have to agree with what they do. I don’t have to support them. I serve them.” When did we lose sight of this basic premise?

MONTAGNE: Well, I do gather that you are a Republican. But you oppose this bill. So what are your particular objections, other than it sounds like you don’t think it’s needed?

MOORE: So leaving aside the stupidity of passing it because it decriminalizes discrimination – which, that really is kind of the biggest issue – but I can actually say I think the law of unintended consequences is going to come back to bite the people who signed this bill. If it is my sincerely held religious belief that I shouldn’t serve them, then I can do that. And I can hide behind that language. But that language is so vague it opens a Pandora’s box. And you can’t shut it again.

—Why isn’t Mitchell Moore running for president? Yes, these laws do “decriminalize discrimination”. And yes, claiming religious frailty is just a way of hiding that discrimination and bigotry. And if these sexuality laws are allowed to stand, soon the laws about tattoos and clothing and language will all be crowding the state legislatures, too.

MONTAGNE: Well, do you consider yourself a religious person or would you…

MOORE: Yes.

MONTAGNE: …consider that maybe you don’t understand what it means to have a deeply held religious belief?

MOORE: I don’t think that there is such a thing as a deeply held religious belief that you should not serve people. There is no sincerely held religious belief to think that I am better than other people – to think that my sin is different than other people. And so I am a deeply Christian man, and those go counter to my belief system.

—Precisely: “there is no such thing as a deeply held religious belief that you should not serve people.” The Bible doesn’t say anything about who to sell a cake to. Neither does the Koran, or the Torah. And again, if you don’t want to risk violating your religious principles by opening a public business, don’t open one.

MONTAGNE: Why do you think your state elected officials, who presumably think they’re looking out for the best interests of exactly people like you – why do you think that they passed this bill?

MOORE: The assumption that they think that they’re looking out for us – that’s not what they are doing. A report just came out. We rank number one – our state government is the most dependent on federal money. We are the third most obese state. We rank at the bottom in unemployment, in education. We’ve got crumbling infrastructure. None of them are being tackled. Instead, we are passing, hey-let’s-discriminate bills.

—This is the first time we’ve heard someone state this so clearly: state governments that “protect” their people by passing laws that do nothing to stop poverty, illness, and lack of education are really using people’s religion to keep them down.

MONTAGNE: Coming from Mississippi, do you have concerns that this bill reflects on your state in a way that you wouldn’t like it to be seen?

MOORE: Yeah – Mississippi is an amazing place. And it’s filled with amazing people. But if you aren’t from here, if you don’t know that, you’re going to choose to not come here because of bills like this – because you see the state government as taking no action on hundreds of other priorities and taking action instead on trying to solve a problem that doesn’t exist. It boggles my mind.

MONTAGNE: Well, thank you for sharing this with us.

MOORE: Certainly – you’re welcome.

MONTAGNE: Mitchell Moore is a baker, and he owns Campbell’s Bakery in Jackson, Miss.

Anyone want to build a memorial to this Southern hero? We do.

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Supreme Court ruling on Arizona anti-immigration law: show us your papers

Posted on June 27, 2012. Filed under: Immigration, Politics, U.S. Constitution | Tags: , , |

On June 25, the Supreme Court ruled on the provisions of the Arizona state laws meant to prevent illegal Latino immigration and find hidden illegal immigrants already in the state and deport them. Police in the state can stop anyone if they have a “reasonable suspicion” that the person is, or is with, an illegal immigrant. Lyle Mann, Executive Director of Arizona Peace Officers’ Standards and Training Board, created an instructional video for police officers outlining what they should look for when they are assessing whether someone is an illegal immigrant, including “dress, demeanor, unusual or unexplained nervousness” and trouble speaking English.

There are no guidelines given on what illegal immigrants dress like, or what their “demeanor” is. I have never seen a category of clothing online or in a store called “Illegal Immigrant.”

It’s hard to believe that the Court would uphold a provision of the law that allows police officers to act on their sixth-sense, that enshrines “reckoning” as a process upheld by law. But the most controversial provision of the Arizona law was upheld: the “show me your papers” provision requires state law enforcement officials to determine the immigration status of anyone they stop “if there is reason to suspect that the individual might be an illegal immigrant.”

Again, what anyone “suspects” is usually hard to defend in court, but in this case those “suspicions” were supported. The three provisions blocked by the Court were: (quote from the NYT) “making it a crime for immigrants to fail to register under federal law, making it a crime for illegal immigrants to work or to try find work, and allowing the police to arrest people without warrants if they have probable cause to believe that they have done things that would make them deportable under federal law.” This third provision means that the police could arrest a person they think committed a crime that could get them deported. Again, what an officer “suspects” is the core of this provision. Why it was not upheld while the other “suspicion” was is unclear.

Those who say this will not validate and encourage racial profiling are almost certainly fooling themselves. When an officer is asked to look at someone’s clothes that officer is being told, “Illegal immigrants dress a certain way because they all come from Mexico and they all wear this or that kind of jeans, shirts, hats, etc.” When an officer is asked to look for people who can’t speak English well, that officer is naturally going to look for people s/he considers to look “foreign”—a white person is very likely to be overlooked in favor of a darker-skinned person, a person with black hair, etc.: in short, a Mexican.

Because that’s what this law is about in Arizona: stopping Mexican people from crossing the border illegally. It is a law about Mexican immigration, and therefore a law about Mexican people: identifying them and deporting them.

One can only point out that the U.S. only has a problem with illegal immigration because we have made it very difficult to emigrate here legally. This is a policy adopted after WWII. Throughout its long history, the U.S. has often tried to prevent certain people from entering the country—Italians, Chinese, Eastern Europeans, to name a few—but it has never had a blanket policy of trying to stop immigration itself. Today immigrants from any nation face an uphill battle of many years to become citizens that includes having to get an employer to sponsor you for multiple years, tests on American history and government, and paperwork, paperwork, paperwork (which also adds up to money, money, money).

We now make it much harder to become a legal immigrant than we have ever done before. That’s it. It’s not that today’s immigrants are more criminal. It’s not that our own sainted immigrant ancestors were more law-abiding. It’s simply a matter of changing the law to make it harder to become a citizen. What were the “rules” for immigrants coming through Ellis Island for so many years? Look healthy and have your name listed on the register of the ship that brought you. That was it. “If the immigrant’s papers were in order and they were in reasonably good health, the Ellis Island inspection process would last approximately three to five hours. The inspections took place in the Registry Room (or Great Hall), where doctors would briefly scan every immigrant for obvious physical ailments. Doctors at Ellis Island soon became very adept at conducting these ‘six-second physicals.'”

When I visited the Ellis Island museum in 1991, I saw a film that said you also had to provide the address of a friend, sponsor, or family member who would take you in. And off you went. Those rules were pretty easy to follow. If that’s all we asked of Mexican immigrants today, we wouldn’t have illegal immigrants.

Each generation looks back to earlier immigrants as “good,” and views current immigrants as bad. In the 1880s, the Irish were angry at the incoming Italians. In the 1900s, the Italians were banning the Chinese from coming in. As each immigrant group settles in, it tries to keep the next group out.

It’s really time we ended this cycle. Here are some quick pointers:

1. Latin American immigrants are not qualitatively different than previous European immigrants.

2. Spanish-speaking immigrants do NOT refuse to learn English; in fact, the children of Spanish-speaking immigrants are less likely to speak the old language than the children of other groups (that is, more children of Chinese immigrants speak Chinese than children of Mexican immigrants speak Spanish).

3. Your European immigrant ancestors (and mine!) honored nothing when they came to the U.S. but their desire to be here. They didn’t anxiously adhere to “the rules.” They did the bare, bare minimum that was asked of them, which was easy to do.

4. If we reverted to our earlier, extremely simple requirements for entering the country and becoming a citizen, we would not have illegal immigrants. If we choose not to go back to the earlier requirements, we have to explain why.

The usual explanation is that if we made it as simple now as it once was to enter this country and become a citizen, the U.S. would be “flooded” with “waves” of Latin Americans, poor and non-English-speaking, ruining the country. Which is exactly the argument that has always been made against immigrants, be they Irish, German, Italian, Chinese, Jewish, etc. Each group is going to destroy the country and American culture and society. It never seems to happen.

But it might happen now, with Latin American immigrants, not because they will destroy the country but because those in the U.S. who are so afraid of them will rip the country—and the Constitution—apart trying to keep them out. Taking the long view, I can say there’s hope that that won’t happen. But it will take a good fight to get all Americans to realize that the key to this nation’s success has always been the open-door policy.

Immigration will always be with us—thank goodness! The only informed position on the challenges it poses is a historically informed position.

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