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“So we can’t legislate civility and rudeness, but we can and have permitted it as a compelling state interest legislating behaviour.” The Trump official responded: “We don’t think you can force a speaker to join the parade.“Because when you force a speaker to both engage in speech and contribute that speech to an expressive event that they disagree with, you fundamentally transform the nature of their message from one that they want to say to one that they don’t want to say.” Elsewhere, Supreme Court Justice Kagan asked whether any extension of rights for “artistic expression” could be used more widely to license discrimination. How do you decide, oh, of course, the chef and the baker are on one side, and the florist is on that side, the chef, the baker, the florist, versus the hairstylist or the makeup artist?
The court will not making its public ruling on the case for several months.The Human Rights Campaign said the case “will either protect the fundamental equality of LGBTQ people, or set a dangerous precedent giving businesses a license to discriminate”.HRC President Chad Griffin said: “At its core, this case is a cynical effort to manipulate the First Amendment in order to provide a license to discriminate against LGBTQ people and our families.LGBT campaigners say that if the court sides with Mr Phillips, the case threatens to blow a hole in decades of civil rights laws and anti-discrimination protections across the US.As the Supreme Court heard the case, Solicitor General of the United States Noel Francisco delivered oral arguments as part of the baker’s defence on behalf of the Trump administration.
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Incredibly, Francisco appeared to answer in the affirmative when Justice Kennedy asked if the baker could “put a sign in his window [saying] ‘we do not bake cakes for gay weddings”.