GetReligion
Friday, April 04, 2025

Jack Phillips

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Masterpiece Cakeshop day: Did justices ask what this wedding cake was supposed to look like?

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It's a wedding day, sort of, at the U.S. Supreme Court, with legions of activists and journalists (and folks who are both) lining up to hear oral arguments in the much-discussed case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.

One of the main challenges facing journalists is this: How should they frame the issues in this First Amendment case? In other words, is this a religious liberty (no "scare quotes," please) case about a religious minority, an artistic expression case or, as the title implies, a case that is essentially about civil rights?

Based on what I have been reading, the legal team for bakery owner Jack Phillips is planning – preaching to Justice Anthony Kennedy, of course – to focus on issues of artistic expression, as much or more than on religious liberty.

With that in mind, readers will want to pay attention to two specific issues in mainstream news coverage of the oral arguments at the high court.

First, does the coverage mention that Colorado officials have, on three occasions, declined to force pro-gay bakers to provide Christian or conservative customers with cakes containing creative content that would violate liberal political and religious beliefs on sex and marriage. In other words, Colorado recognized the First Amendment rights of those cake artists.

Second, will the justices strive to find out precisely what kind of cake Charlie Craig and Dave Mullins were seeking when they sought the services of a baker famous for his custom-designed and intricate cake creations.

Why ask that second question? Consider this crucial passage in the National Public Radio advance story about this case, which ran online under this headline: "A Supreme Court Clash Between Artistry And The Rights Of Gay Couples." The key voice here is that of Kristen Waggoner, of Alliance Defending Freedom:

"The First Amendment protects the right of all Americans to decide what they will express and when they will remain silent," she continues. "It's fundamentally different than saying to someone, 'I will not serve you just because of who you are.'" This case, she maintains, "is about the message."


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Don't let the headline fool you: USA Today's story on Masterpiece Cakeshop case is a tasty read

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When I started in journalism — back when cavemen and Terry Mattingly roamed the earth — reporters at major newspapers typically didn't write their own headlines.

They'd file their story to an assigning editor, who would give it a first read, ask questions, make revisions and eventually ship it down the line, either to another assigning editor or to the copy desk. It was not unusual for a handful of editors to handle a story — particularly a major one — before it hit the press and landed on readers' driveways before sunup.

The copy desk — often late at night — would check for grammar, spelling and Associated Press style errors. And at some point, a slot editor would place the story on a page with a headline that could be any number of lines and columns, depending on the ads around it.

Before the days of easy fixes online, the copy editors saved reporters from egregious and embarrassing mistakes in smelly black ink. But yes, sometimes, those same editors — under deadline pressure — came up with headlines that were, um, less than representative of what the story actually said.

So a common defense of the writer class to headline fails was: "Reporters don't write their own headlines." In other words, don't blame us!

Is that still true? In the web-first age, do writers still depend on editors to craft their headlines? In some cases, yes. But in general, it varies. So I have no idea who wrote the headline on the USA Today story I want to highlight today.

But I will say this: The newspaper's story on the Masterpiece Cakeshop case (click here if you somehow have no idea what I'm talking about) is interesting and informative.

The headline? Not so much:

Same-sex marriage foes stick together despite long odds

Blah.

That's not really what the story is about.


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Gay rights, religious liberty and the tasty details sometimes buried in an inverted-pyramid wire story

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It's time to talk cake.

Again.

Get ready for more such discussions as the case of Jack Phillips — the Colorado baker who refuses to make a cake for a same-sex wedding — heads to the U.S. Supreme Court.

The story that sparked this latest post comes courtesy of The Associated Press, which reports:

WASHINGTON (AP) — Prominent chefs, bakers and restaurant owners want the Supreme Court to rule against a Colorado baker who wouldn’t make a cake for a same-sex couple’s wedding.
The food makers say that once they open their doors for business, they don’t get to choose their customers. They say that abiding by laws that bar discrimination based on sexual orientation does not strip them of creative control of a dish or a pastry.
Celebrity chefs Jose Andres, Elizabeth Falkner and Carla Hall, the owners of a popular Washington, D.C., cupcake shop and a small-town baker from Mississippi are among those who are signing onto a legal brief being written by the Human Rights Campaign.

Keep reading, and AP introduces a twist in the story — one that, to me, is even more interesting than the new development reported up high:

Cake artists who want the justices to recognize the artistic expression in cake-baking filed a separate brief last month that does not take sides in the case.

Hmmmm, artistic expression.

Does that sound familiar?


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Previewing SCOTUS term, New York Times views wedding cakes through familiar Kellerism lens

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Hmmm, let's see now. It's the first Monday in October, and that means the Supreme Court of the United States, popularly known as SCOTUS, is back in session. It's as predictable as clockwork.

Equally predictable is having journalists at The New York Times view a controversial issue involving the First Amendment and deeply held religious beliefs through the lens of Kellerism. That's the GetReligion term for news coverage that says some issues are settled, hence airing both sides of an issue is unnecessary. We all know the Earth isn't flat, right? (That's a rhetorical question, gentle reader. I know the planet isn't flat, but thank you for asking.)

The lens-deployment comes in the matter of Masterpiece Cakeshop v. Colorado Civil Rights Commission. In a long story on the new term, we get a lengthy, chunky section on this case. It's worth wading through the details contained in this long excerpt:

The court will re-enter the culture wars in a case concerning a Colorado baker who refused to create a wedding cake for a gay couple, saying it would violate his Christian faith and his right to free speech.
The case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, No. 16-111, involves a clash between laws that prohibit businesses open to the public from discriminating based on sexual orientation and claims of religious freedom.
On one side are religious people and companies that say the government should not force them to choose between the requirements of their faiths and their livelihoods. On the other are gay and lesbian couples who say they are entitled to equal treatment from businesses that choose to serve the general public.
The Supreme Court’s earlier decisions and Justice [Anthony] Kennedy’s conflicting impulses about gay rights and free speech make the outcome hard to predict.


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In Supreme Court case of baker refusing to make same-sex wedding case, THIS is the question

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Good job, New York Times.

The Times often falters in covering issues related to traditional biblical beliefs on marriage and sexuality.

But in a front-page story Sunday, the paper nailed the key question related to a Colorado baker who refuses to make a cake for a same-sex wedding.

GetReligion has, of course, stressed this critical question since the U.S. Supreme Court decided to hear baker Jack Phillips' case this fall:

Is there a difference between (1) making a generic cake and selling it to anybody willing to pay for it and (2) using one's artistic talents to create a special cake celebrating an occasion such as a wedding?

After reading the Times' headline, I'll admit I was a little worried about the direction — and potential fairness — of the story:

Cake Is His ‘Art.’ So Can He Deny One to a Gay Couple?

Notice the quote marks around "art?"

I wondered if they were really necessary. And if there was any chance they were meant as scare quotes — a textual raising of the eyebrows?

Given the apparent skepticism of the headline, I was surprised by the sympathetic nature of the lede:

LAKEWOOD, Colo. — Jack Phillips bakes beautiful cakes, and it is not a stretch to call him an artist. Five years ago, in a decision that has led to a Supreme Court showdown, he refused to use his skills to make a wedding cake to celebrate a same-sex marriage, saying it would violate his Christian faith and hijack his right to express himself.
“It’s more than just a cake,” he said at his bakery one recent morning. “It’s a piece of art in so many ways.”

But then I kept reading, and the other side questioned the veracity of Phillips' "art":


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Is SCOTUS case as simple as baker's refusal to make same-sex wedding cake? Here's why it's complicated

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Is there a difference between (1) making a generic cake and selling it to anybody willing to pay for it and (2) using one's artistic talents to create a special cake celebrating an occasion such as a wedding?

That's a key question in a religious liberty case headed to the U.S. Supreme Court.

But that question gets short shrift in a Washington Post overview of the case.

The Post's high court reporter — not a Godbeat pro — wrote the piece headlined "The spurned couple, the baker and the long wait for the Supreme Court."

To begin, the newspaper presents the basic facts of the case involving a baker who declined to make a cake for a same-sex wedding celebration. The details will be familiar to GetReligion readers who have followed this case for years:

The incident took only moments.
The journey through the Colorado legal process lasted years.
And then the Supreme Court took its own sweet time. Almost a year passed from the date the court was first asked to review a dispute between a gay couple and a baker who refused to make them a wedding cake and the justices’ announcement that they would do just that.
When the Supreme Court hears the case this fall, it has the potential to be a major decision worth the wait.
Scattered across the country, florists, bakers, photographers and others have claimed that being forced to offer their wedding services to same-sex couples violates their rights of religious liberty and free expression.
Courts have routinely turned down the business owners — as the Colorado Court of Appeals did to cake shop owner Jack C. Phillips in this case — saying that state anti-discrimination laws require businesses that are open to the public to treat all potential customers equally.

Keep reading, and the Post quotes both sides (which we applaud!).


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As Supreme Court bites into same-sex wedding cake dispute, how to tell good media coverage from bad

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What a busy day on the religion front for the U.S. Supreme Court!

Here's how Sarah Pulliam Bailey, Washington Post religion writer and former GetReligionista, put it in a public post on her Facebook page:

In case you missed it, the high court sided with a church in an important religious liberty case, it allowed Donald J. Trump's travel ban to take effect, and it will hear a case involving a wedding cake baker.

Oh, is that all?

Seriously, I won't attempt to cover all three of those major stories in one post. I'll save the Trinity Lutheran case and the refugee travel decision for another day. But I will take a quick bite of wedding cake and hit a few high points on media coverage of Colorado baker Jack Phillips.

Actually, on second thought, why don't I just keep it simple and stick to one high point? Because it's one that so many news organizations have such a difficult time grasping. And yes, it's one that will be extremely familiar to regular readers of GetReligion.

I'm talking about the specific way that journalists choose to frame the Masterpiece Cakeshop case (and similar religious liberty disputes, such as the one involving Barronelle Stutzman, the sole owner of Arlene's Flowers in Richland, Wash.).

See if you notice a difference — however subtle — between the following two ledes today.


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With The New Yorker, you can have your cake and gain insight into flowers and same-sex weddings, too

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If you've followed the religious liberty headlines of recent years, you're familiar with Jack Phillips of Masterpiece Cakeshop in Lakewood, Colo., and Barronelle Stutzman of Arlene’s Flowers, in Richland, Wash.

The New Yorker has a piece out this week that references both.

Now, if you're a regular GetReligion reader, you may wonder: Is The New Yorker even news? After all, our journalism-focused website avoids critiquing advocacy reporting and opinion pieces. The answer is that sometimes The New Yorker is news, and other times it isn't.

In this case, it is.

And it's good news. I'm not talking about the subject matter, mind you. I'm referring to the fairness and quality of the journalism.

In a Twitter post, LGBT Map described The New Yorker story as a "helpful overview of the high stakes in this case" (meaning, the Masterpiece Cakeshop case). And the president of Come Reason Ministries characterized it as "a fairly well balanced summary of the legal questions surrounding cake bakers & gay weddings." I agree with both of those tweets.

I'll highlight three things that struck me about this story, which contemplates whether the U.S. Supreme Court might take up the case of either Phillips or Stutzman:


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Gay grooms and a Colorado baker: Why don't reporters ask about motives anymore?

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It is becoming another day, another lawsuit, now that homosexual couples are turning the wedding industry upside down by suing bakers, photographers, florists, et al., who won’t make gay-themed materials. In this post Obergefell era, we shall be seeing more news like what broke late on Monday.

The below article from the Denver Post is fairly straight forward, although there’s questions that never get posed.

Your GetReligionistas have been waiting for the shoe to drop for some time in the Jack Phillips case, which has been wending its way through the courts for four years. As we’ve reported previously, a lot of the problem is in the framing. What gets lost in the shuffle is this: People are refusing to take part in creating a type of message, linked to a specific kind of rite, not refusing all commerce with a type of person.

First, the court decision:

The Colorado Supreme Court will not hear the case of a Lakewood baker who refused to make a wedding cake for a same-sex couple.
That decision effectively upholds a ruling by the Colorado Court of Appeals that found Masterpiece Cakeshop owner Jack Phillips cannot cite his religious beliefs or free-speech rights in refusing to make a wedding cake for a same-sex couple.
Phillips' attorneys, who asked the state's high court to hear the case, said they are "evaluating all legal options."
If Phillips' attorneys continue to pursue the case, one option may be asking the U.S. Supreme Court to hear the case.

And then, the background:


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