By contrast, marriage as the union of husband and wife has been a universal human practice until just recently, regardless of views about sexual orientation.

bob jones bans interracial dating-5

The United States has reached compromises on similarly difficult moral and cultural issues before. Wade, Americans refused to use sex anti-discrimination law as a sword to punish pro-lifers. Alexandria Women’s Health Clinic, the Supreme Court resolutely rejected the argument that pro-lifers are inherently discriminatory: “Whatever one thinks of abortion, it cannot be denied that there are common and respectable reasons for opposing it, other than hatred of, or condescension toward (or indeed any view at all concerning), women.”The same is true when it comes to marriage as the union of husband and wife: There are common and respectable reasons for supporting it that have nothing to do with hatred or condescension.

But this is not true when it comes to opposition to interracial marriage—and this is where the analogies to racism break down.

You can see this when considering the history of Colorado’s law.

Within a two-year span, Colorado citizens voted to define marriage as the union of husband and wife and to ban discrimination based on sexual orientation.

‘But I just don’t think they should have a marriage because that’s contrary to my beliefs.

It’s not their identity; it’s what they’re doing.’” In response to the ACLU’s claim that this is sexual orientation discrimination, Kennedy responded, “Your identity thing is just too facile.”We can do better.At the time that Phillips declined to bake a same-sex wedding cake, Colorado wouldn’t even recognize—let alone issue—same-sex marriage licenses. Colorado should have never declared Phillips to be guilty of discrimination in the first place.So the same-sex couple couldn’t get the state of Colorado to recognize their relationship as a marriage.“And yet when he goes to this bake shop, and he says, ‘I want a wedding cake,’ and the baker says, ‘No, I won’t do it,’ in part because same-sex marriage was not allowed in Colorado at the time, he’s created a grave wrong,” Alito stated. We apply other anti-discrimination statutes in a more fair and nuanced way. 5, the Supreme Court heard the case of Jack Phillips, the Christian baker who can’t in good conscience design and create wedding cakes that celebrate same-sex marriages. Agree or disagree, but Phillips believes he is serving Christ with every cake he makes.The justices now will decide whether states, consistent with the First Amendment, can force citizens to express support for same-sex marriage through their artistic products. He has previously turned down requests to create Halloween-themed cakes, lewd bachelor party cakes, and a cake celebrating a divorce.Bans on religion-based discrimination are not used to force secular organizations to violate their beliefs.