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Cake Shop Controversy: Anti-Gay Discrimination or Religious Liberty Case?

Cake Shop Controversy: Anti-Gay Discrimination or Religious Liberty Case? Read Transcript

The U.S. Supreme Court returns to work next month.

And as Paul Strand reports, once again

justices will hold the future of precious freedoms

in their hands.

It seems controversies over our religious liberties

are popping up more and more all the time.

And these being the times they are,

that means inevitably they're going

to end up before the courts, even the nation's highest


These legal experts looked at some of those likely cases,

such as the one involving the Masterpiece Cake Shop.

The state of Colorado punished baker Jack Phillips

for refusing to make a cake celebrating a same-sex wedding.

His side is represented by the Alliance Defending Freedom.

The Supreme Court has said that the free speech

clause protects all kinds of speech,

and that includes artistic expression.

Jack's cakes are art.

His Masterpiece Cake Shop has been referred

to as an art gallery of cakes.

PAUL STRAND: There's a similar case

involving a same sex wedding and a Washington state florist.

In fact, in this case and also in Arlene's Flowers,

Jack Phillips and Barronelle Stutzman

would in fact serve and sell products to LGBT customers.

He would even have sold custom cakes provided that it was not

expression that was going to be part of the same-sex wedding.

PAUL STRAND: But Louise Melling of the ACLU

characterized the case as a clear cut

example of discrimination.

So it's hard for me to understand how a same-sex

wedding isn't about same-sex people,

which is about sexual orientation.

Are we, as a society, going to turn every observant--

Christian, Jew, Muslim-- into a member of the KKK.

I mean, is that how we want to handle

this tension in our society.

PAUL STRAND: Meanwhile, the Supreme Court

may decide September 25th whether it takes up

a California law that critics say bullies pro-life pregnancy


Wagner says the case asked if those anti-abortion centers--

Can essentially be forced to refer for low-cost abortions

to notify those women who they're trying to help that

they could seek an abortion through a state program.

And that's unconstitutional.

You can't force people to engage in that kind of speech.

PAUL STRAND: Court watchers believe

if the high court takes the case,

it could likely mean victory for the pro-life pregnancy centers

because the justices often side with free speech.

There are very stiff penalties that are in place

under this California law.

And we've seen other states, other courts,

that have struck down these kinds of laws.

But California continues to persist

in really trampling on the free speech rights of those who are

involved in pro-life issues.

So, as in most years, the Supreme Court's

going to take up at least one big religious liberty

case and maybe even several.

Paul Strand, CBN News, Capitol Hill.


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