What’s at stake in the Masterpiece Cakeshop Supreme Court decision


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TOM LAMPRECHT: Harry, I’d like to take you back to a subject we covered about a week ago. It was the oral arguments concerning Jack Phillips’ Masterpiece Cakeshop that went before the Supreme Court.

David French wrote a piece in the National Review entitled “Four Promising Takeaways from the Masterpiece Cakeshop Oral Argument.” He makes some interesting observations about what the Justices asked and where their questions might lead as we await a decision by the Supreme Court.

DR. REEDER: Not only him, but John Stonestreet, as well as a couple of other opinion piece writers, they all make their case and then they qualify it by saying many people have been terribly disappointed and misled by trying to read the oral arguments.

And, most poignantly, not the presentation, but the interruptions. And the Supreme Court Justices, by the way, love to interrupt in a way to try to find out is the lawyer really on their point or not. Well, what was really interesting, of course, was Justice Ginsberg’s question in the oral arguments, “Well what if a homosexual couple had come in just to buy something off the shelf?”

Well, immediately, the lawyer said to Justice Ginsberg what Jack Phillips has been saying all along, “Well not only would I sell it, I have sold many of my items to those who would be practicing homosexuality or even those who have been engaged in a same-sex marriage.”

When you are asked to shape and sculpt a cake for a particular purpose that becomes a matter of artistic expression which, historically, has been covered under the issue of free speech and that you are not coerced to engaged in speech that you don’t want to make, nor are you prevented from speech that you desire to make.

Justice Kennedy the pivotal vote

Where everyone really is focused, Tom, is upon Justice Kennedy because he is pretty well considered the swing vote on this. And both sides look with expectation – the side of those who are declaring that Jack Phillips does not have the right to withhold his participation in the ceremonial development and expression of a same-sex marriage cake that he was requested to make are saying that it’s a matter that he’s hiding behind the freedom of religion that’s really bigotry.

In other words, all of these thousands of years that we have believed that marriage is one man and one woman for one life has actually been a veil of bigotry – that somehow, we have been enlightened now that sexual behavior is now a civil right and a part of one’s being.

And you’re going to find that coming forward through this argument called “the argument of dignity.” In other words, you are denying someone’s dignity if you do not affirm and celebrate in their sexual choices.

Your sexual behavior is not your being, your sexual behavior is something that you’re doing. And the doing reflects your being and that is made in the image of God. You have the ability to do sex as God designed it to be done, which is in the context of a marriage.

Well, interestingly, Justice Kennedy, who has also been an advocate of “gay rights” has also been an advocate of freedom of speech. His question pointed in that direction because he particularly focused on the civil rights commission and their denigrating statements concerning Mr. Phillips’ choice.

And when Mr. Kennedy pointed out that not only did one, but two of these commissioners make such statements declaring that Mr. Phillips’ embracing of his right in terms of what he should speak and what he can’t speak is a matter of bigotry, that is exactly what Justice Kennedy questioned is that they would question the dignity of Mr. Phillips concerning his embracing of the right of free speech.

TOM LAMPRECHT: Justice Kennedy asked the question, “Commissioner Rice says, ‘Freedom of religion is used to justify discrimination is a despicable piece of rhetoric.’” Kennedy asked about that and then, also, Justice Gorsuch picked up and ran with that, as well.

DR. REEDER: And so you’ve got to connect the dots, here. Jack Phillips is saying, “My freedom of speech right means that I don’t have to participate in something that I religiously believe is inappropriate.”

Justice Kennedy, when he wrote in the Obergefell Decision, he wrote in that the fact that the people’s right to believe that it is wrong must be honored and if they believe that it is a wrong behavior, they must not be coerced to support it.

And so now we’re about to find out is Justice Kennedy not only for the fact that homosexuality should not be banned, but he is also on record as saying that those who religiously disagree with homosexuality should not be required to participate. And we’re about to find out, does he believe his own statement in original opinions that he has written concerning these issues.

TOM LAMPRECHT: Harry, all of these authors of these different articles that we’ve referenced today have said be careful when you try to look into the crystal ball and try to make a prediction, because oftentimes even though the questions the justices ask might lead you down a road to one conclusion, oftentimes you’re disappointed. Dare you go out and speculate?

DR. REEDER: I’m loathed to speculate right now. I’m praying. I’m praying that this is a broad opinion that affirms the free speech and free practice of religion of Mr. Phillips. Not a narrow one that is just associated with this one wedding cake.

I have two concerns. Of course, obviously, that his right to freedom of speech in terms of being coerced in his artistic expression to do that which he does not believe is right and, therefore, an attack upon freedom of religion – that we have the freedom to believe that sexuality in Christianity is to be within the bounds within a heterosexual marriage – that is what I am praying the decision is going to uphold.

Not just a narrow one in terms of wedding cakes itself, which means we’ll be back in the Supreme Court very soon on some other issue. I’m praying for that. I do believe Justice Kennedy is going to be the pivotal vote where he is going to come out.

I think those who affirm the First Amendment should be somewhat encouraged from what he’s saying because he went so far as to say when one of the lawyers, Mr. Cole, who is declaring that Jack Phillips’ belief is an attack against their dignity, it was Justice Kennedy in the oral arguments that said, “What they do sexually is not their identity, it’s what they’re doing. Sex is what you’re doing, it’s not who you are.”

He is the one who himself affirms that sexuality is not a matter of being, it is a matter of doing and so, as I said, my hope is that Justice Kennedy is going to uphold his previous declarations that laws against homosexual practice should not preclude freedom of speech and freedom of religion within Christianity, thereby, coercing Christians to artistically support homosexuality and same-sex marriage and/or compromise our beliefs that God has revealed very clearly that sex is a gift from Him, sacred, to be used in the boundaries of marriage between a man and a woman committed for life. Let me just say I have more hope now after the oral arguments than I did before.

Dr. Harry L. Reeder III is the Senior Pastor of Briarwood Presbyterian Church in Birmingham.

This podcast was transcribed by Jessica Havin. Jessica is editorial assistant for Yellowhammer News. Jessica has transcribed some of the top podcasts in the country and her work has been featured in a New York Times Bestseller.

14 hours ago

A victory in court for school choice

The U.S. Supreme Court recently delivered a “big win” for school choice and religious freedom. School choice enables competition, which economists find generally improves the quality of goods and services. I believe that this result will apply to education, and specifically public schools.

Espinoza v. Montana Department of Revenue involved 2015 legislation allowing tax-deductible contributions for scholarships to private, non-profit schools. The Montana Supreme Court struck down the act in 2018 as an unconstitutional use of public funds for religious purposes, including any school or college controlled by a church. Montana’s constitutional provision is a “Blaine Amendment” dating to the 19th century to prohibit state aid to parochial schools; 37 states, including Alabama, have Blaine Amendments.

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The constitutional issues involved were the First Amendment’s separation of church and state and religious discrimination in government policy. Chief Justice John Roberts’ majority opinion found the Blaine Amendment discriminatory: “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

The Montana Supreme Court struck down the entire school choice program based on the Blaine Amendment. Although Montana’s legislature could have enacted a scholarship program applying to only non-church private schools, this would have significantly restricted parents’ choice. According to the Institute for Justice, which litigated Espinoza, Blaine Amendments are often used to block school choice. Only a narrow interpretation of Alabama’s provision allowed the Alabama Accountability Act to withstand challenge.

Separation of church and state is wise constitutional doctrine. Still, I do not see the scholarships as violating separation of church and state. The public “dollars” involved are taxes foregone. Church-affiliated schools often operate at a loss, so tuition scholarships will not yield profits to support other activities and presumably provide enough education to qualify as schools.

George Mason law professor Ilya Somin offers an illustrative comparison. No one worries that tax exemptions for religious charities or police and fire protection for churches constitute state support for religion. Tax deductions for scholarships do not establish a state religion.

Church-affiliated schools provide a variety of education consistent with their doctrine and moral teachings. The goal of school reform should be, as economist John Merrifield emphasizes, a diverse menu of options to suit students’ varied learning styles and parents’ values. Church-affiliated schools accomplish this.

School choice policies will make Americans more equal. Affluent Americans, who can afford private school tuition, have long enjoyed school choice.

American higher education features school choice. Alabamians can attend any of the state’s 14 four-year universities or more than 30 two-year colleges at in-state tuition rates. These institutions offer diverse educational options. Two-year colleges offer vocational programs and inexpensive core classes. Four-year universities include one modeled after a liberal arts school, large and small campuses, and numerous online degrees. Federal student aid and loans help make private colleges affordable.

By contrast, K-12 public schools require students to attend their assigned school. After paying taxes to support government schools, many families cannot afford private school tuition. The economic case for public education stresses ensuring all students can afford schooling, which school choice accomplishes.

Choices unleash quality-enhancing competition. Some of America’s best public schools are in affluent suburbs where districts must compete for students because parents can afford private schools. It is tempting to attribute suburban districts’ quality spending, but statistics show otherwise. In 2018, Baltimore city schools spent $250 less per pupil than Montgomery County (Maryland) and $1,000 more than Fairfax County (Virginia) in suburban Washington, two of America’s most affluent counties.

In time school choice will force beneficial changes in public school curriculum. Currently, the curriculum is a political football which both parties seek to control. Teachers educate children in classrooms; politicians in Montgomery or Washington shape learning only through bureaucratic controls forcing a curriculum on local schools. School choice will empower parents to find schools that help their children learn. To successfully compete for students, control will need to be devolved to schools and teachers, which I see as a very good thing.

Daniel Sutter is the Charles G. Koch Professor of Economics with the Manuel H. Johnson Center for Political Economy at Troy University and host of Econversations on TrojanVision. The opinions expressed in this column are the author’s and do not necessarily reflect the views of Troy University.

15 hours ago

VIDEO: More municipalities opt for mandatory masks, schools head towards in-class instruction, Sessions/Tuberville race nears the end and more on Alabama Politics This Week …

Radio talk show host Dale Jackson and Alabama Democratic Executive Committee member Lisa Handback take you through this week’s biggest political stories, including:

— Will Governor Kay Ivey consider a statewide mask ordinance as more municipalities adopt ordinances and pressure continues to mount?

— Are parents going to feel safe sending their kids to school in the Fall?

— Who will win the Republican runoff between former U.S. Attorney General Jeff Sessions (R-AL) and former Auburn coach Tommy Tuberville?

Jackson and Handback are joined by former U.S. Attorney General Jeff Sessions to discuss the runoff election for the Republican nomination for the U.S. Senate seat currently held by U.S. Senator Doug Jones (D-AL).

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Jackson closes the show with a “parting shot” at people who think the government can’t put in more restrictions when they have shown they can, and probably will, do more if the coronavirus pandemic doesn’t get under control.

Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 AM weekdays on WVNN.

17 hours ago

Alabama sisters continue their family’s farming legacy

Sisters Allie Corcoran and Cassie Young loved growing up on a farm in Eufaula, but once they left home and earned their degrees at Auburn University, they realized their hearts were still at the family farm.

“I always knew I wanted to come home and be part of the farm, but I didn’t know where I would fit in,” Young said. “The only things I have ever felt close to, or had a desire to be a part of, were farming and working with people. At Auburn, I considered a career in family and adolescent counseling, but I knew it would be difficult to find work in this field near home and I was unwilling to move.”

When the sisters were growing up, their family raised crops such as cotton, peanuts, soybeans, corn, grain sorghum and wheat, along with cattle. The family managed a peach orchard.

Their childhood experiences and love of farming pushed them to find their eventual calling, and they opened Backyard Orchards near Eufaula in 2010.

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“Our father had the idea to start a u-pick operation,” Young said. “We had an exciting concept for a new family venture and found the perfect location, so we decided to become entrepreneurs.”

Backyard Orchards gave the sisters the path they longed for in fitting into the family business. They offer u-pick and freshly packed produce.

Fruits currently ripe for picking are peaches and blueberries. There is a variety of fresh vegetables available, including potatoes, onions, squash, zucchini, tomatoes, cucumbers, eggplant, field corn, sweet corn, peppers, peas and okra.

There is an onsite cafe that serves homemade pies, fudge and ice cream – the perfect end to a day on the farm. The barn, pavilion and grounds can be rented for weddings, birthday parties, corporate events and more.

Under COVID-19 safety measures, visitors are not required to have a reservation, but should follow these guidelines:

  • Stay with your group and remember to social distance while in the fields and store.
  • When the store is busy and social distance is challenged, send one group representative into the store to pay for and/or order food and ice cream.
  • There are sinks for handwashing located in the restrooms. Hand sanitizer is located throughout the store.
  • Pick up café orders from the window located outside on the front porch.

The orchards allowed the sisters to carry on the traditions from childhood that they always dreamed of passing on to their own children.

“Some of my fondest memories are the simplest ones involving our whole family: playing in the cottonseed and corn, jumping on hay bales and cotton modules, riding around with my dad to check on pivots or crops and playing in the irrigation with my sisters and cousins,” Young said. “Farming is a difficult life, but the family experiences have made it a wonderful life.”

Young and her husband have three children: Gardner, 10, Sterling, 7, and Cade, 4.

“Gardner has been picking squash with me since he was a baby,” Young said. “He now helps his dad pick and sell watermelons. Sterling wants to start helping me at the local farmers market. Cade is still too young to help on the farm, but he loves to eat the ice cream.”

Young sees them creating memories and experiences like she had with her sister as a child.

“I hope they all want to play a role in either the orchard or the family farm one day, but only if that is where their hearts lead them,” she said. “Right now, they are growing up the same way I did and enjoying the simple joys of childhood on the farm.”

The sisters continue looking for ways to enhance the orchards and develop the business. Plans are in place for planting blackberries, expanding the peach orchard and increasing the strawberries plants.

To learn more about Backyard Orchards and plan a family outing, visit the website or follow them on Facebook.

(Courtesy of Alabama News Center)

21 hours ago

Alabama native Rachel Baribeau is Changing the Narrative and expanding her own

Sportscasting is a tough business for anyone, but has been traditionally even more difficult for women. That’s why the change in direction for Rachel Baribeau won’t make sense … until you hear her explain it.

“I am always evolving – as a woman, as a queen, as a daughter and a friend and as a fiancee and a future wife – I am always trying to be better. I’m a lifelong learner.”

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Rachel Baribeau is Changing the Narrative in college sports and beyond from Alabama NewsCenter on Vimeo.

The Auburn graduate and former Pell City resident had a career many would consider perfect: covering SEC football and other sports, from the sidelines and from her college football talk show on Sirius/XM (where she was the network’s first female college sports host).

Baribeau was well-respected enough among her peers to be granted a Heisman Trophy ballot. But it was her work away from the microphone that made the most noise.

“The idea that there is royalty inside of all of us; that there is legacy and purpose and greatness.” Baribeau beams as she describes the impact of the conversations she had been having with college athletes.

Changing the Narrative” was Baribeau’s passion project – a movement that promotes positive mental health and inspiring people to build a positive legacy for others. She took her “Purpose – Passion – Platform” message on a nationwide tour of college football programs, filled with candid heart-to-heart conversations.

After spending four years on this consulting journey, Baribeau announced last October that she would be walking away from sports to concentrate on Changing the Narrative full time.

“I started with this desire and belief that athletes could trend for something other than bad news,” Baribeau said.

Now a nonprofit, Changing the Narrative has expanded further. Baribeau is now in demand in locker rooms, board rooms, law enforcement agencies and entire athletic conferences. “We already have the Big Ten on board; how great would it be to be in all of the Power Five conferences?”

Baribeau is scaling the program in several ways. First, the pandemic has forced a shift to more online training and modules. Second, the material is being tweaked to skew younger for high school audiences. Finally, Baribeau is training a network of other speakers including former athletes who can bring their own experiences of Changing the Narrative to even more audiences.

(Courtesy of Alabama News Center)

22 hours ago

Alabama entrepreneurs can apply now for Walmart’s Open Call for products

Walmart’s seventh annual Open Call is underway for entrepreneurs dreaming of landing U.S.-manufactured products on Walmart shelves by successfully pitching their wares to company officials during online meetings.

“Walmart’s Annual Open Call event gives us a unique occasion to identify new suppliers who can meet our customers’ needs with unique and innovative products manufactured or produced in the U.S.,” said Laura Phillips, Walmart senior vice president for Global Sourcing and U.S. Manufacturing.

“During this year of unprecedented challenges for U.S. businesses, Walmart remains committed to sourcing products made, grown or assembled in the U.S.,” Phillips said.

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In 2013, Walmart announced a 10-year commitment to help boost job creation and U.S. manufacturing through buying an additional $250 billion in products supporting American jobs. Walmart’s Open Call is one way the company continues to invest in the commitment.

“By Investing in products that support American jobs, we are able to bring new exciting products to our customers, support new jobs in our local communities and invest in small business across the country,” Phillips said.

The Open Call, scheduled for Oct. 1, kicks off Walmart’s celebration of U.S. Manufacturing Month and will include programming similar to previous years. In addition to one-on-one pitch meetings with Walmart buyers, participants will have an opportunity to hear directly from Walmart executives and learn from company leaders during small breakout sessions designed to inform, empower and encourage suppliers.

“For the first time, this year’s Open Call event will be virtual, enabling even broader participation from potential new suppliers,” Phillips said. “We know how important this opportunity is for many small businesses, especially this year, and we are looking forward to seeing the new product submissions and meeting potential new suppliers.”

This year’s Open Call attendees could secure deals ranging from a handful of stores in local markets to supplying hundreds, or even thousands, of stores, Sam’s Clubs and on Walmart.com.

Gwen Hurt, owner of Shoe Crazy wine, participated in Walmart’s 2018 Open Call, where a Walmart buyer decided to test her product in 66 stores.

“We were walking into an entirely new and welcoming world,” said Hurt. “Everyone was so professional and kind throughout the process.”

“We’ve been thrilled to work with Walmart and are excited about the continual growth of our product,” Hurt continued. “Thanks to this relationship, we’ve been able to expand our operations to 15 employees while reinvesting in our community through the purchase of a once-abandoned warehouse and additional resources.”

“It’s a dream come true for our family,” Hurt said. Walmart is expanding Shoe Crazy Wine to 118 stores across Virginia, North Carolina and Georgia.

The deadline to apply to participate in this year’s Open Call for U.S.-manufactured products is Aug. 10. The application and information about the event are at Walmart-jump.com.

Information about Walmart can be found by visiting corporate.walmart.com, on Facebook at facebook.com/walmart and on Twitter at twitter.com/walmart.