Monday round-up

In The Economist, Steven Mazie takes issue with the amicus brief filed by the federal government in support of a baker who refused to create a wedding cake for a same-sex couple, arguing that although the brief characterizes wedding cakes as “’inherently communicative,’” it “provides no evidence that even the most elaborately decorated and exorbitantly priced wedding confections are imbued with the capacity of speech.” At In a Crowded Theater, Erica Goldberg considers the free-exercise arguments put forward by the petitioners in the case, Masterpiece Cakeshop v. Colorado Civil Rights Commission; she concludes that the baker’s “free exercise claim cannot exist if his cake isn’t expression, and his free speech claim is bolstered by the free exercise claim.”


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