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Quick to Listen

If Religious Liberty and LGBT Activists Want to Move Forward, the Courts Won’t Help

Quick to Listen

Christianity Today

Religion, Christianity, Religion & Spirituality

4.3622 Ratings

🗓️ 6 June 2018

⏱️ 43 minutes

🧾️ Download transcript

Summary

he US Supreme Court has ruled on the biggest religious liberty case of the year. In a 7–2 vote, the Court sided with a Christian baker who declined to decorate a cake for a same-sex wedding. The baker, Jack Phillips, who had provided cakes for gay customers in other circumstances, argued that making a cake for a same-sex wedding would be an endorsement of the marriage and a violation of his beliefs. In its narrow ruling of Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, the Court stated that the penalties a Colorado human rights commission had levied against Jack Phillips violated his First Amendment rights. For the majority, Justice Anthony Kennedy wrote that “Phillips was entitled to a neutral decisionmaker who would give full and fair consideration to his religious objection as he sought to assert it in all of the circumstances in which this case was presented, considered, and decided.” While legal scholar Robin Fretwell Wilson found much of Kennedy’s opinions compelling, she ultimately doesn’t think a decision that serves both groups can be made through the courts. “There’s a pernicious outcome about the fact that we Americans like to litigate,” said Wilson. “When you have the Supreme Court take a case like Masterpiece, it stalls all the work in state legislatures where people are really trying to write a new script because they think, well, maybe this is going to be swamped by the Supreme Court, there’s going to be a new result reached, and why, in any event, should we spend political capital when the court’s going to do this for us?” Wilson joined associate digital media producer Morgan Lee and editor in chief Mark Galli to discuss just the true impact of the SCOTUS’ decision, why the Court took the case in the first place, and why adoption agencies are the next critical place where these clashes will play out. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

This episode is brought to you in part by The Apologetics Guy Show, the podcast that helps you find clear answers to tough questions about Christianity.

0:11.0

Learn to explain your faith with courage and compassion.

0:14.5

Join Moody Bible Institute professor Dr. Mikhail del Rosario at Apologeticsky.com.

0:29.4

Music Michael Del Rosario at Apologeticsguy.com. You're listening to Quick to Listen. Each week we go beyond hashtags and hot takes discuss a major

0:34.8

cultural event. I'm Morgan Lee, associate digital media producer

0:38.1

here at Christianity today, and I'm joined by our editor-in-chief, Mark Kelly. Good afternoon.

0:44.1

Glad you're here, Mark. I'm glad I'm here, too. In between two trips. One to D.C. yesterday

0:49.3

and off to Boston tomorrow. And you came back. And I came back. Well, glad you're here.

0:54.7

So what's going on today?

0:56.4

What do you mean?

0:57.4

Who's our guest.

0:58.2

Oh, who's our guest?

1:00.9

It was such a general question.

1:02.8

Yeah.

1:03.2

We are really happy to have as our guest, Robin Fretwell Wilson, who is the Roger and Stephanie

1:08.3

Jocelyn, Professor of Law at the College of Law at the University of

1:11.8

Illinois, where she directs the College of Law's Family Law and Policy Program and the Epstein

1:16.7

Health Law and Policy Program. She directs the Fairness for All Initiative, which seeks to

1:22.1

provide tangible support and advice to thought leaders, stakeholders, policymakers, and state

1:27.0

and local legislators

1:28.1

who seek balanced approaches that respect both LGBT rights and religious freedom.

1:33.8

I'm really happy to have you on, Robin.

...

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