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


(Pixabay)

 

 

 

 

 

Listen to the 10 min audio

Read the transcript:

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.

52 mins ago

Watch: Bicentennial video tells the stories of Alabama’s great people

The finale of the ALABAMA 200 bicentennial celebration is on Saturday, with the public celebrating with elected officials, celebrities and dignitaries in the state’s capital.

However, even if you cannot make the festivities in person, you can still take time remotely to honor Alabama becoming a state 200 years ago to the day.

A video put together by WBRC and posted by Governor Kay Ivey is a great way to relive the state’s vibrant history.

Entitled, “Alabama Bicentennial: The Stories of Our People,” the approximately 50-minute special looks back on the state’s past 200 years, hearing from some of its most memorable voices in the process.

116

In an introduction to that video, Ivey says, “As we celebrate our state’s bicentennial, I want to recognize my fellow Alabamians. As governor, I’m proud to be from a state that has remained steadfast through good times and bad.”

“Our resiliency and southern spirit have allowed us to grow and become the great state we are today,” she continues. “To put it simply, Alabama is defined by its people, and we have some of the best. I look forward to the future generations of Alabamians who will help take us to even greater heights. Happy birthday, Alabama!”

Watch:

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

3 hours ago

Alabama’s ‘white gold’ draws worldwide interest

Ruth Beaumont Cook’s latest book started 10 years ago as a brochure request from Sylacauga‘s B.B. Comer Memorial Library in advance of the city’s first marble festival.

“They asked me to put together a brochure about the history of the marble,” Cook said. “It was overwhelmingly successful, so the next year they asked to me write a book.”

831

New book celebrates Sylacauga’s marble legacy from Alabama NewsCenter on Vimeo.

Nearly nine years and dozens of interviews later, Cook celebrates the natural resource that nurtures both the economy and the cultural heritage of Alabama’s “Marble City” in her new book, “Magic in Stone: The Sylacauga Marble Story.”

“Whenever you start working on a book, you have all of this information but you look for a story thread through it,” Cook said. “I had no clue when I started what that was going to be.”

Cook said the clues starting coming together as she started talking to people who grew up mining marble.

“There are so many people who grew up in Gantts Quarry,” Cook said. “Most people have good memories of growing up there and work they are proud of. Telling those stories was the most interesting part of it.”

Commercial marble quarries began in Sylacauga in the late 1800s. Cook said the marble was initially used by sculptors such as Giuseppe Moretti, the Italian who created the Vulcan statue on Red Mountain in Birmingham.

“His Vulcan won gold prize at the 1904 World’s Fair, but what most people don’t know is he also took another piece with him, ‘The Head of Christ,’ which he had carved from Sylacauga marble,” Cook said. “It won a silver medal.”

The notoriety caught the attention of construction managers around the world who were seeking dimension marble for their projects. By the 1930s, Sylacauga’s creamy white marble had been used in hundreds of buildings, including the U.S. Supreme Court building and the ceiling of the Lincoln Memorial.

“It was chosen for the Lincoln Memorial because it can be cut very thin and still be strong,” Cook said. “They cut it thin enough to be translucent and then rubbed it with beeswax and put it in the ceiling.”

Despite the marble’s beauty and strength, Cook said the demand for dimension marble in construction dropped dramatically by the 1950s.

“It became obvious that granite was much easier to withstand pollution than marble,” Cook said. “Marble is still great if it’s thick enough, but if you make a facade of it on a building, it’s probably not going to last because it deteriorates from the pollution.”

Instead of closing the mines and laying off employees, Cook said the Sylacauga marble companies survived and thrived thanks to a growing need for calcium extracted from marble deposits and used in hundreds of products, such as cosmetics, paints and glue.

“They turned to industry and began to grind up the marble into fine powder – called GCC, ground calcium carbonate – which industry had a strong demand for,” Cook said.

Cook said Sylacauga continues to be a rich marble resource more than 70 years later.

“I’ve been told there’s enough marble there for sculpture and industry for at least another 200 years,” Cook said. “The vein of marble is 35 miles long, a mile and a half wide and goes down quite a ways — 300 or 400 feet I believe. It’s a very valuable resource.”

Sylacauga Marble Festival

Since 2009, the city has celebrated its heritage through the Sylacauga Marble Festival, a 10-day event drawing sculptors from around the world to work alongside an Italian master sculptor. Visitors can watch, tour local quarries and purchase sculptures. Cook said the festival brings Sylacauga’s rich heritage full circle.

“It came from art, up through all of these others, and now you have this wonderful balance,” Cook said. “You still have major industry but you also have major art appreciation. It’s a great story.”

The 12th annual Marble Festival will be March 31 to April 11, 2020.

The 2019 Marble Festival, which was one of several events highlighted by the Alabama Bicentennial Commission as part of the state’s 200th birthday celebration, was sponsored by the Alabama Power FoundationAlabama State Council on the ArtsAlabama Tourism DepartmentAmerican Legion Post 45 SylacaugaArchitectural Stone ImportsB.B. Comer Memorial LibraryBlue Bell CreameriesBlue Horizon TravelCity of Sylacauga, Conn Equipment, Coosa Valley Medical CenterCurtis and Son Funeral HomeImerysIsabel Anderson Comer Museum and Arts CenterJ. Craig Smith Community CenterMiller Lumber CompanyMorris Custom Marble & GraniteNemakOmya, Inc.Pizza & Pint, Representative Ron Johnson, SouthFirst BankSylacauga Arts CouncilSylacauga Chamber of CommerceSylacauga Housing Authority, Sylacauga Marble Quarry, Towne Inn, 21st Century Signs and Utilities Board of Sylacauga.

To learn more about “Magic in Stone: The Sylacauga Marble Story,” visit newsouthbooks.com/magicinstone.

(Courtesy of Alabama NewsCenter)

5 hours ago

Birmingham Business Alliance reveals new mission, economic development approach

The Birmingham Business Alliance revealed a new mission and a new approach to economic development as it heads into 2020.

The BBA’s 2019 Chairwoman’s Annual Meeting was at the Lyric Theatre in Birmingham Dec. 11. Chairwoman Nancy Goedecke passed the gavel to Jim Gorrie, president and CEO of Brasfield & Gorrie.

Gone is Blueprint Birmingham, which guided the BBA through its first 10 years. In its place is a strategy that keys in life sciences, advanced manufacturing and technology. Those are some of the main industries the Alabama Department of Commerce is expected to emphasize in its revision of Accelerate Alabama, the state’s economic development plan.

595

“Those are the three areas that we’re going to focus on,” said Fred McCallum, interim CEO of the BBA. “I will tell you that when you look at our state plan, there are a lot of similarities.”

Birmingham Business Alliance announces new direction from Alabama NewsCenter on Vimeo.

A main component to Blueprint Birmingham was a set of metrics that measured Birmingham’s success against a cluster of peer cities. Doing so often looked too broadly, McCallum said.

“Blueprint was a good plan at the time,” he said. “It was very wide and in some ways it was successful and in other ways it wasn’t so successful. I think what we’ve come to now is a point in time where we’ve got to focus in on jobs and economic growth.”

There will be a new set of metrics created and benchmarked in a new BBA strategic plan, McCallum said.

Birmingham Mayor Randall Woodfin did highlight one comparison between Birmingham and other cities.

“Since the great recession around 2008, 60% of all jobs have only gone to 25 cities in America,” Woodfin said. “You need to know that Birmingham is not on that list.”

Woodfin feels Birmingham should measure itself against its own potential instead of comparing itself to others.

“We don’t have to be like Nashville or Chattanooga or Atlanta or Austin,” he said. “We need to be the best version of ourselves. But that is going to require us to shake off the way we’ve always done things.”

Woodfin said the companies and organizations that make up the BBA should be prepared to take greater risks and push boundaries.

“Being risk-averse at this time as we move into 2020 … will not work for us – as an organization or for our city,” he said. “So the question becomes when you walk out of this room, are we prepared to invest in our competitiveness? Do we want to compete? Do we want to set ourselves apart, not be like any other city in America?”

A primary goal for the BBA is to find a new CEO. McCallum has led the organization on an interim basis after former CEO Brian Hilson stepped down at the end of March. Hilson now works on rural economic development initiatives in the state.

Other changes will include aligning the BBA’s internal strategy to execute the new strategic plan, updating its governance structure to be more effective and efficient and aligning the funding model to support the BBA’s new strategic plan.

“I think the organization will be more focused on specific strategies and focused on doing what we do well,” McCallum said.

McCallum believes Birmingham leaders and economic developers can tell the region’s story more forcefully and proactively.

“We’re on a good trajectory. I feel good about where we are as a community,” McCallum said. “Our leadership is strong. Our public leadership is strong. Our private leadership is strong. I feel good about where the BBA is focused.”

This year’s annual meeting was more a call to action than the rah-rah sessions of the past.

“Usually I would get up here and give you all some stats about what we’ve done and what we’ve accomplished,” Woodfin said. “I think it is fair to say that 2019 has been a good year for many of your organizations individually and collectively for our Birmingham Business Alliance.”

It was a good 2019 in the Birmingham metro area. Halfway through the year, the region reached and surpassed its pre-recession height of employment. There were 32 projects with 1,180 jobs and $492.2 million in capital investment announced in the region in 2019.

(Courtesy of Alabama NewsCenter)

The biggest birthday party in Alabama history is TODAY!

The biggest birthday party in Alabama’s history is taking place today, December 14, and you are invited! Join us in Montgomery for the grand finale celebration of our state’s 200th birthday.

Watch the parade, listen to concerts and performances, visit open houses and much more.

This is sure to be a day you don’t want to miss. The event is free to the public and lasts all day starting with an elaborate parade at 10:00 a.m. The parade will travel from Court Square Fountain in downtown Montgomery up Dexter Avenue to the State Capitol. There will be marching bands, city floats and unique displays of Alabama history on wheels, such as the USS Alabama and U.S. Space and Rocket Center.

The parade is a great opportunity for families to enjoy the celebration together – and it’s only the beginning of a packed day. Following the parade, Governor Kay Ivey will dedicate Bicentennial Park. The afternoon will offer performances, exhibitions and open houses throughout downtown Montgomery. The day will conclude with a concert featuring popular musicians from Alabama and the history of Alabama presented in a never-before-seen way.

Visit Alabama 200 Finale for a complete rundown of the day’s events.

1
7 hours ago

ADCNR officers help spread Christmas cheer at Academy Sports

Imagine elves filling baskets with goodies to load on Santa’s sleigh and you get a snapshot of what it looked like last week when Academy Sports + Outdoors provided Christmas cheer for numerous youngsters who needed that encouragement the most.

At Academy stores across Alabama, youngsters were chosen to go on shopping sprees with a budget of $150 each, assisted by first responders from the local area. In two locations, Huntsville and Foley, Alabama Conservation and Natural Resources (ADCNR) enforcement officers assisted the kids in choosing the items that were loaded into the shopping carts.

Into the baskets went bows and arrows, footballs, basketballs, soccer balls, clothing, athletic shoes, candy canes and more. The youngsters proved more than adept at keeping track of just how far that gift card would go, counting down until the funding was exhausted.

1038

“Academy Sports + Outdoors is excited to partner with first responders across the state of Alabama to help 150 children enjoy more sports and outdoor fun this holiday season,” said Rick Burleson, Academy’s Regional Marketing Specialist. “As the shopping destination with the most fun gifts and gear, we look forward to making the holidays merry for our local communities across Alabama.”

Chris Blankenship, ADCNR’s Commissioner, said the shopping events presented a special opportunity for outreach to the younger generation.

“I appreciate Academy Sports + Outdoors for sponsoring this program,” Commissioner Blankenship said. “Opportunities like this where enforcement officers can interact positively with citizens, especially youth, are so valuable for building trust on both sides. Our Conservation Enforcement Officers participate in many programs to promote hunting and fishing for youth. This is just another example of the good people we have in the Department of Conservation and Natural Resources.

“In the photos, you can really see the joy in the faces of the kids, the officers and the employees of Academy Sports + Outdoors. The giving spirit of Academy, our officers and the community is evident in the outpouring of support for this program. With this scene replicated at hundreds of Academy stores all over the country, good relations with law enforcement are being built nationwide and will pay dividends for many years to come. My desire to work in conservation came from encounters such as this with Marine Resources conservation officers when I was a kid. You cannot underestimate what effects the little things like this will have on a person and a community.”

At the Foley event, Conservation Enforcement Officers from the Alabama Wildlife and Freshwater Fisheries (WFF) Division and the Marine Resources Division aided 10 youngsters from the afterschool program at the John McClure Snook Family YMCA in Foley.

Melissa McGhee, associate branch director of the Foley YMCA, said the youngsters ranged in age from 5 to 13.

“All the kids we chose are highly scholarshipped kids,” McGhee said. “They just don’t have a lot. For three of them, this is their Christmas. This was such an honor to be picked for this. When I talked to some of the parents, they just started crying because this is what their kids are doing for Christmas.”

Jason Ford, Academy Store Director in Foley, said providing a venue for officers and youngsters to interact in a positive way during the holiday season was well worth the effort from Academy and the associates who also assisted during the shopping sprees.

“We love that we can reach out to people in our community who are less fortunate,” Ford said. “But it also strengthens the bonds between our first responders and our community. Right now, we can use that unity more than ever. To be able to impact the community in such a positive way really goes a long way in warming my heart, and hopefully seeing the kids gets some good Christmas presents and develop some goodwill with our law enforcement.”

WFF Conservation Officer Steve Schrader wore a perpetual smile while he helped a young lady fill her basket with gifts from shoes to candy cane-shaped containers filled with M&Ms.

“This has been great,” Schrader said. “My shopper has been very generous and has bought more for her family than herself. I hope she now sees us (enforcement officers) more friendly than the other side of the fence. They can see us as real people, too. I think it went really well.”

At the event in Huntsville, Beth Morring with the Boys and Girls Clubs of North Alabama echoed the need for the sponsored kids to find out more about the ADCNR enforcement officers and what those officers actually do.

“Before they started shopping, we asked the Conservation guys to explain what they do every day,” Morring said. “The officers told them how they protected the wildlife and help those who fish and hunt and enjoy the outdoors. It was neat because our kids probably never knew these men and women existed. It was a learning experience just to meet these officers, which was great.”

Morring said 10 kids from the Seminole Boys and Girls Clubs in Huntsville were chosen for the event.

“These were the kids who needed it the most,” she said. “With $150 to shop, we did kind of steer them during their shopping, as did the officers. We started with shoes first and then went to get some essential clothing. They were able to get a goodie or two as well. It was a great time, and everybody wanted new shoes. These kids were predominantly from the public housing area where the club is located, and they were thrilled to get some new, shiny tennis shoes. In fact, some of them wore them out of the store that day, which was fabulous.”

Morring said the event was much more than just a shopping spree for the kids.

“To watch them interact with the officers and for our children to see men and women who serve and protect us, that they are good people,” she said. “Many of our children don’t have as positive an exposure with first responders sometimes. For them to be able to meet these first responders who can talk to them and realize these are dads and moms and husbands and wives – just regular people even though they might be in a uniform. So that positive interaction was so important. That was really impactful for our children.”

Morring said it was great to see the officers meet the kids on the same level.

“I loved watching these big grown-ups with these little children and them kneeling down on the floor to help them try on shoes,” she said. “Not to mention for our children, it was the first time they were able to walk into a store and have a budget for gifts where they got to make the decisions and choices. To watch these kids whose families struggle financially, for them to have $150 and then think about family members before themselves is admirable and amazing in light of their circumstances.”

David Rainer is an award-winning writer who has covered Alabama’s great outdoors for 25 years. The former outdoors editor at the Mobile Press-Register, he writes for Outdoor Alabama, the website of the Alabama Department of Conservation and Natural Resources.