Subscription Preferences:
10 months ago

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.

13 hours ago

Geneva County Commission strips funding for school resource officer program

The Geneva County Commission has placed the Geneva County School system in a bind after it pulled funds committed to the school resource officer (SRO) program.

Per a Dothan Eagle report, the county commission voted in June to give $15,000 to the SRO program this year, including an additional $60,000 next year.

After commissioners found that the budget would not balance, they realized that the promised funding for the SRO program could not be provided.

130

Fred Hamic, chairman of the Geneva County Commission, sent a letter informing Superintendent Becky Birdsong of the decision and included a $15,000 check.

Birdsong said she was “disappointed,” but assured she will work hard to ensure the SRO program remains in place.

“I am disappointed, but I am still committed to doing what’s right for our students,” Birdsong told Dothan Eagle. “We don’t want parents to be concerned that this is going to make our schools less safe. I’m not saying we have the money now, but I am going to work on this and try to secure funding for this.”

Birdsong said that she is working with parents to increase security on school campuses in the schools she oversees.

@RealKyleMorris is a Yellowhammer News contributor and also contributes weekly to The Daily Caller

13 hours ago

Steve Marshall talks liberal tech bias, joins select group of national officials tackling the issue

Alabama Attorney General Steve Marshall on Tuesday joined a select group of state attorneys general for “a productive dialogue” led by Attorney General Jeff Sessions and other Department of Justice (DOJ) officials regarding perceived discrimination against conservatives by leading tech companies.

Per a DOJ release, “The discussion centered on ways the Department and state governments can most effectively safeguard consumers using online digital platforms. Each state attorney general’s office shared their views of the important issues for federal and state authorities to consider when addressing these evolving technologies. The discussion principally focused on consumer protection and data privacy issues, and the bipartisan group of attendees sought to identify areas of consensus.”

In a statement to Yellowhammer News, Marshall – who joined the meeting by teleconference – made it clear that there was a long way to go before reaching a consensus on how to tackle the complicated issues of tech transparency and bias, saying, “To the degree that there was any consensus, it is that we still have a lot to learn about how to best protect consumer interests in this context.”

556

“Today I participated in a bipartisan meeting of several state Attorneys General, hosted by Attorney General Sessions, to discuss consumer protection concerns related to the tech industry. The conversation covered many of the same concerns raised in recent Congressional hearings,” Marshall outlined.

He continued, “I appreciated the invitation to participate and was interested to hear the perspectives of the various states represented. To the degree that there was any consensus, it is that we still have a lot to learn about how to best protect consumer interests in this context.”

The DOJ, which was represented at the meeting by Sessions, Deputy Attorney General Rod Rosenstein, Principal Deputy Associate Attorney General Jesse Panuccio, Assistant Attorney General Makan Delrahim, Acting Assistant Attorney General John Gore and other senior staff, explained, “Many shared the view that it is essential for federal and state law enforcement authorities to work together to ensure that these challenges are addressed responsibly and effectively.”

Sessions’ DOJ will review the information and insights shared by the state attorneys general and expects the constructive dialogue will continue moving forward. Marshall, in an interview earlier Tuesday morning with Talk 99.5’s Matt Murphy and Andrea Lindenberg, made it clear that he prefers a market-based solution as opposed to stifling government regulation.

“It is a field that I think we need to tread very lightly,” Marshall explained. “You look at the ability of government to regulate – I think we do the military well and everything else is a struggle. So I think we need to be very, very careful in how we tread in that regard.”

The argument from some is that social media platforms are like modern-day utilities.

“You hear it coming more from Democratic AG’s across the country … it’s why, I think, you have to be very careful, because the market itself has the ability to regulate and one of the things that we have to do from the government side is do not tread into the world of antitrust lightly,” Marshall outlined.

Alabama’s attorney general used Google as an example, saying consumers have multiple choices in search engines, free online email providers and the web browsers themselves (Safari, Chrome, Internet Explorer, Mozilla, etc.).

“It is important, however, when you do hear the stories of internally that Google may be directing people for political purposes that otherwise is not disclosed. That is concerning,” Marshall said.

For Marshall, the questions of whether these tech companies should allow their left-leaning biases to affect consumers “need to be asked, whether or not government needs to get involved in that, however, is a different story.”

Marshall summarized that his overall view is the tech services need to be held accountable to being open and honest with what they are doing and then the market can effectively take care of the rest. If consumers do not like what the services are doing, competition, not the government, should be the counterbalance.

“To the extent that there is transparency, I think it’s a good thing. Across the spectrum, whether it be private business or in government, and in this field particularly, if they are able to respond to questions about how it is that they control content and what they do, then I think we all have knowledge and then can make decisions ourselves,” he advised.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

13 hours ago

Strong like Samson, tough like Benaiah and wise like Solomon -Thomas Cox reveals his plan for himself and raising his kids

Finding the time to do everything in a day is tough, but Thomas Cox shared his secrets on “The Ford Faction.”

In this episode, Thomas Cox from Mealfit.co discussed where his parenting techniques come from and how he finds time to execute them. He breaks down the processes he does with each of his children.

First, he teaches them to be strong like Samson. He wants his kids to be strong in many ways: mentally, physically, socially and spiritually.

80

Second, Thomas wants his kids to be tough like Benaiah.

He said, “Toughness is one of the biggest parts of our lives we have to get better at so we can adapt to what’s happening around us.”

Finally, you have to be wise like Solomon.

Thomas told host Ford Brown, “I think if you’re not spending a lot of your day on self-development, you are missing the boat.”

Subscribe to the Yellowhammer Radio Presents The Ford Faction podcast on iTunes or Stitcher.

Rep. Byrne: Breaking down Tax Reform 2.0

Since Congress passed the Tax Cuts and Jobs Act last year, the American economy is booming, and Alabama families have more money in their pockets. By lowering taxes and simplifying the tax code, we have unlocked our economic potential and made life better for hardworking Americans.

The economic numbers speak for themselves: higher wages, lower unemployment, more jobs, bigger paychecks, employee bonuses and much more. Under the Tax Cuts and Jobs Act, the average family in Southwest Alabama will see their tax bill decrease by $2,187 a year.

514

The good news is that we aren’t stopping here. This week, the House is expected to vote on additional changes and improvements to the tax code, something we are calling Tax Reform 2.0. Working with President Trump, we will continue to make the tax code even fairer and more competitive.

Tax Reform 2.0 includes three major pieces. Here’s a quick overview.

First, we want to make the tax cuts for small businesses and middle-class families permanent. Due to Democrat obstruction and arcane rules in the Senate, the Tax Cuts and Jobs Act was only able to lower taxes for ten years. Under Tax Reform 2.0, we will make the tax cuts permanent.

The non-partisan Tax Foundation found that making the middle-class and small business tax cuts permanent will create 1.5 million new jobs and increase gross domestic product (GDP) by 2.2%. This further expands our economy and makes life even better for families and small businesses.

Making these changes permanent, will also lock-in the simpler tax filing process. As you may remember, the Tax Cuts and Jobs Act simplified the tax code to the point where many Americans are now able to complete their taxes on a postcard-style form. A Tax Foundation study shows that this will save Americans between $3.1 to $5.4 billion in compliance costs. Instead of needing an accountant to navigate the complicated code, most Americans will be able to file on their own.

Second, Tax Reform 2.0 promotes family savings and helps more Americans plan for retirement. Currently, too many Americans have been unable to save for retirement or put money aside to cover unforeseen emergencies.

We want to help small businesses provide retirement plans to their workers by allowing small businesses to join together to create a 401(k) plan more affordable and by giving employers more time to put new retirement plans in place. Just as important, we will help more workers participate in retirement plans by exempting small retirement accounts from mandatory payouts and by eliminating the age limit on IRA contributions.

We don’t stop there. Tax Reform 2.0 will create and expand additional programs to help Americans save. For example, our plan creates a new savings account to offer a fully flexible savings tool that families can use at any time right for them, expands 529 education savings accounts, and creates a new baby savings program to help with the birth of a new child or an adoption.

Finally, Tax Reform 2.0 will help grow the economy by promoting start-up businesses and spurring innovation. We do this by allowing new businesses to write off more of their initial start-up costs and by making it easier for start-ups to bring in new investors. America must lead the way on innovation.

As you can tell, Tax Reform 2.0 builds upon our efforts in the Tax Cuts and Jobs Act to ensure the American economy remains strong. We do that by allowing Americans to keep more of their hard-earned money in their pockets. I fundamentally believe our country is the strongest when money is with the people instead of the government.

U.S. Rep. Bradley Byrne is a Republican from Fairhope.

14 hours ago

Ivey, Merrill celebrate National Voter Registration Day – ‘Easy to vote and hard to cheat’

Tuesday is recognized as National Voter Registration Day (NVRD), which Alabama Governor Kay Ivey and Secretary of State John Merrill celebrated by encouraging all of the state’s eligible voters to register.

The annual occasion is the largest single-day drive to register voters of the year. Merrill joined hundreds of different partners around the nation to observe NVRD, with Merrill specifically encouraging a “voter refresh” effort to update state voter rolls with correct information about Alabama citizens.

“Since I became Secretary of State, we have registered more than a million new voters who have helped us shatter state records for voter registration and participation in our elections,” Merrill said in a release.

320

“But we also want our voter rolls to be up-to-date, so we are urging everyone to take a moment to make sure their current address is correct in the state system. We are pleased to participate in this special day that encourages more participation in our electoral process. We continue to work daily to make sure every eligible U.S. citizen in our state is registered to vote and has a photo ID. We want to make it easy to vote and hard to cheat,” Merrill continued.

NVRD, held on every fourth Thursday of September since 2012, is endorsed by the National Association of Secretaries of State and the National Association of State Election Directors. Since 2012, more than 1.4 million people around the nation have registered to vote or update their registration as part of this event alone. This year, libraries, schools and other partners will hold local voter registration drives.

Since Merrill took office, Alabama has registered 1,064,616 new voters, bringing the state’s total to 3,418,839 as of September 7. Yellowhammer State residents can update their voter registration information by downloading the “Vote for Alabama” app on a smartphone or visiting the Secretary of State website here.

“There is no freedom more integral to this Republic than the right to vote and participate in our democratic process,” Merrill emphasized. “I am so proud we are able to work with the partners involved with National Voter Registration Day to help make increased participation a reality here in the state of Alabama.”

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn