Should the Government Compel an Artist to Accept a Commission?

As you’ve most likely heard, the Supreme Court issued a narrow ruling today in the Masterpiece Cakeshop case. It was narrow because it only addressed baker Jack Phillips’ treatment by the Colorado Civil Rights Commission, which was frankly shameful (and the justices agreed by a vote of 7-2).

On the larger issue, whether or not the government can compel an artist to advance a message against his or her moral beliefs, the Court declined to rule, citing the need for further elaboration from other cases.

I think the struggle the court is facing is how to balance the rights of both individuals.

On one hand, it is wrong for anyone to face unjust discrimination. On the other hand, artists should not be forced by the government to accept every commission they are asked to create. Does that mean that some people might be discriminated against unjustly? Perhaps.

However, when it’s for something like a wedding cake, there is more harm being done to the artist being forced by the government to accept a commission than there would be done to the people seeking the commission.

What’s interesting in this particular case is that this baker did not discriminate — he didn’t decline this couple’s commission because of who they are, rather, he declined it because of what they asked him to do. They asked him to participate in an event and convey a particular message — via creation of custom art — that was in opposition to his religious beliefs, and the reason they asked him is because they were longtime customers who had been happily served by him before.

If he was discriminating against them because of who they are, he would’ve refused to serve them at all. But he didn’t. In fact (emphasis mine):

In July 2012, Craig and Mullins visited Masterpiece, a bakery in Lakewood, Colorado, and requested that Phillips design and create a cake to celebrate their same-sex wedding. Phillips declined, telling them that he does not create wedding cakes for same-sex weddings because of his religious beliefs, but advising Craig and Mullins that he would be happy to make and sell them any other baked goods. Craig and Mullins promptly left Masterpiece without discussing with Phillips any details of their wedding cake.

This was an artist who had been asked to create a custom piece of art for specific event. The artist disagreed with the event, and with lending his artistic talent to advancing a specific message, and declined the commission — just as every artist should feel free to do.

A Democrat fashion designer should not be compelled by the government to design and create clothing for Melania Trump.

A pro-choice baker should not be compelled by the government to create custom cupcakes for a pro-life fundraising event.

A gay hairstylist should not be compelled by the government to style the hair of a Republican governor who does not support same-sex marriage.

And a Christian baker should not be compelled by the government to design and create a custom cake — which is a work of art — for a wedding that violates his beliefs.