Comment on Opinion: Jack Phillips’ cakes are expression and should be protected

Opinion: Jack Phillips’ cakes are expression and should be protected

Should you have to advocate for ideas not your own? Writing for the majority in Obergefell v. Hodges, the decision that mandated same-sex marriage nationwide, Justice Anthony Kennedy wrote that same-sex marriage “involve[s] only the rights of two consenting adults” and therefore poses no harm to others who could “continue to advocate” for traditional marriage; their rights are protected under the First Amendment. The First Amendment prevents Congress from making laws that abridge the right to free expression and free exercise of religion and thanks to the 14th Amendment, state and local governments, cannot make such laws either. The flip side to the right to expression is the right to be silent.

 

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