The legal course is inherently adversarial. It takes what could be a conversation and turns it into a confrontation. It is dehumanizing. It ends persuasion and relies on the threat of state coercion. It is elitist.
Five years ago, Charlie Craig and David Mullins walked into a bakery in a strip mall in Lakewood, Colorado, to ask about a cake for their wedding. The baker, Jack Phillips, replied: “I’ll make you birthday cakes, shower cakes, cookies, brownies. I just can’t make a cake for a same-sex wedding.”
As Adam Liptak of The New York Times reported, Phillips is a Christian and believes that the Bible teaches that marriage is between a man and a woman. Phillips is not trying to restrict same-sex marriage or gay rights; he’s simply asking not to be forced to take part.
Craig and Mullins were understandably upset. As Mullins told Liptak, “We were mortified and just felt degraded.” Nobody likes to be refused service just because of who they essentially are. In a just society people are not discriminated against because of their sexual orientation.
At this point, Craig and Mullins had two possible courses of action, the neighborly and the legal.
The neighborly course would have been to use this situation as a community-building moment. That means understanding the concrete circumstance they were in.
First, it’s just a cake. It’s not like they were being denied a home or a job, or a wedding. A cake looks good in magazines, but it’s not an important thing in a marriage. Second, Phillips’ opinion is not a strange opinion. Barack Obama was elected president arguing that a marriage was between a man and a woman. Most good-hearted Americans believed this until a few years ago. Third, the tide of opinion is quickly swinging in favor of same-sex marriage. Its advocates have every cause to feel confident, patient and secure.
Given that context, the neighborly approach would be to say: “Fine, we won’t compel you to do something you believe violates your sacred principles. But we would like to hire you to bake other cakes for us. We would like to invite you into our home for dinner and bake with you, so you can see our marital love, and so we can understand your values. You still may not agree with us, after all this, but at least we’ll understand each other better and we can live more fully in our community.”
The legal course, by contrast, was to take the problem out of the neighborhood and…