Balkinization  

Tuesday, September 11, 2018

Masterpiece Cakeshop, again

Andrew Koppelman

Jack Phillips, who recently won his Supreme Court case over whether he could refuse to bake a cake for a same-sex wedding, claims that Colorado is persecuting him, because its Civil Rights Commission has once again found that he is discriminating – this time against a transgender woman.  He is suing the state, demanding an end to what he regards as its harassment.  His legal claim ought to lose, but he has a legitimate grievance.

I explain in a new piece at the American Prospect, here.

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