303 Creative Protects a Little Kosher Bakery From LGBTQ Tyrants - The American Spectator | USA News and Politics

303 Creative Protects a Little Kosher Bakery From LGBTQ Tyrants

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The United States Supreme Court has slammed a door shut on LGBTQ tyrants, who traverse the nation trying to force-feed their lifestyle down the throats of quiet, unassuming, everyday Americans who harbor normal, wholesome Judeo-Christian family values that accord with Nature. In 303 Creative v. Elenis, the heroic Lorie Smith won an extraordinary right: the right of free speech, which includes freedom of conscience and the freedom to think. Justice Sonia Sotomayor signed the dissent, reading it out loud for 20 minutes, raging against that shocking notion. She was joined by Elena Kagan and by She Who Cannot Define a Woman.

Someday, perhaps, we will not need a divided Supreme Court to affirm the freedom to “speak or not speak” according to one’s conscience. Perhaps free speech even will be enshrined in a Bill of Rights annexed to our Constitution. But for now, we have the 303 Creative court and Lorie Smith to thank. Nor should we overlook Mitch McConnell’s historic role in saving the Supreme Court from Barack Obama’s Merrick Garland, who subsequently has exposed his extremist prejudices. And, of course, two more thanks: (i) for President Donald Trump’s three outstanding judicial selections, who have saved the Republic for now; and (ii) for the fawning leftist mainstream media, who convinced Ruth Bader Ginsburg that she would live forever because she was, after all, the Notorious RBG with the special exercise plan that assured life in perpetuity. I honor her memory today with a leg extension.

Lorie Smith lives in a Colorado that has gone LGBTQ crazy, as baker Jack Phillips’ many years of fighting the Colorado Anti-Discrimination Act (CADA) have demonstrated. Smith is a web designer and proactively wanted to ascertain, as a faithful Christian, that she would not encounter state-imposed financial destruction and forcible government “reeducation” (“remedial … training”) if she refused in the future to design a website celebrating a homosexual or lesbian wedding. The 303 Creative court observed that, in this particular case, Colorado was not merely seeking to ensure the sale of goods or services on equal terms but also to compel an individual to create speech she does not believe. Smith had made clear that she gladly will work for LGBTQ clients but just will not design a web page that “contradicts biblical truth” and conflicts with the Word of G-d. She could not obtain justice in Colorado’s federal courts. In Smith’s 2–1 losing 10th Circuit appeal, Judge Mary Beck Briscoe (Clinton judge) and Judge Michael R. Murphy (Clinton judge) voted against her right to free conscience. Uh-huh. By contrast, Chief Judge Timothy M. Tymkovich (George W. Bush judge) supported her appeal. So she brought her appeal to the U.S. Supreme Court, seeking an injunction: a court order ensuring her right to refuse devoting her artistic gifts to design celebratory products violating her conscience.

By a 6–3 margin, the 303 Creative court held that Colorado may not force a website designer to create expressive designs that convey messages she opposes. The court cited a long line of Supreme Court legal precedent that consistently has upheld the freedom to think as one may, to speak as one thinks, and not to be compelled to provide a platform for perspectives repugnant to the speaker’s views. Thus, in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), the court held the government may not coerce “J[] Witness” school children into reciting the Pledge of Allegiance. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557 (1995), the court held that Massachusetts could not force veterans organizing a Boston parade “to include a group of gay, lesbian, and bisexual individuals” because “requiring the veterans to include voices they wished to exclude would impermissibly require them to ‘alter the expressive content of their parade.’” And in Boy Scouts of America v. Dale, 530 U.S. 640 (2000), where the Boy Scouts sought to exclude an assistant scoutmaster after discovering that he was homosexual, the court held the Boy Scouts to be “an expressive association” and upheld its “choice not to propound a point of view contrary to its beliefs.”

The three Obama-Biden justices, who cried such bitter tears for the sanctity of stare decisis and demanded adhering rigidly to judicial precedent amid last year’s Roe v. Wade drama, all voted to throw out precedent this time around. Stare decisis be damned. If the Left did not have double standards, it would have no standards at all.

303 Creative Upholds Speech for People of All Faiths

The 303 Creative court concluded that tolerance, not coercion, is the American way: “The First Amendment envisions the United States as a rich and com­plex place where all persons are free to think and speak as they wish, not as the government demands.” Lorie Smith won. Oxygen-thin Colorado and the LGBTQ tyrants lost.

The 303 Creative ruling did not come a moment too soon.

Suddenly, we Americans had gotten bombarded with the abominable June 2023 Pride Month from Hell. No reasonable American in the modern era has a problem with equal rights for people. We don’t care about their skin color, their language pronunciation, where they or their ancestors come from, whom or how they do or don’t worship, whether they are either male or female, whether they privately prefer to consort with either males or females, or whether they personally lean left or right. The basic contemporary American attitude is: “I don’t care how you differ — just as long as you keep your hands off me.”

But that is not enough for the “Pride” mafia. Rather, they have to force their unnatural orientations onto beer drinkers. They insist on school libraries hosting “drag queens.” They shove their transgender aberrations onto children and all of society. They expect a storied baseball team to host and honor contemptuous blasphemers who mock, insult, and humiliate Christianity in general and Catholics, particularly nuns, in specific. There is no limit to their vile debasement of normal natural family values. (READ MORE: Don’t Just Blame the Dodgers: Blame the Collapse of Catholic Fidelity)

Jack Phillips, the brave proprietor of the Colorado Masterpiece Cakeshop, is a national hero. Lorie Smith of 303 Creative is a hero. Every Bible-true G-d-faithfiul Christian photographer, baker, wedding-invitation designer, musician, and other artist who has refused to be pummeled and trampled by LGBTQ tyranny is a hero. We still are America. That star-spangled banner yet waves over the land of the free and the home of the brave. With Christians like Phillips and Smith, G-d bless them both, fighting back valiantly and heroically against LGBTQ tyranny, another band among the fascistic “Pride” mafia next decided to pick on a small Orthodox Jewish kosher bakery. It is the way of the LGBTQ mafia: Not content to be treated equally and fairly like everyone else, they now insist on coercing every religiously faithful Protestant, every devout Catholic, every Orthodox Jew, every obeisant Muslim, and even every atheist committed to traditional family values into becoming ardent LGBTQ advocates.

Thus we encounter a comparatively small bakeshop in New York’s tri-state region. Its owners are kosher, observe and honor the Sabbath, and carefully limit their ingredients to only those permitted under kosher law. They are deeply ethical. They sell challah for the Shabbat, bread loaves the rest of the week, and cookies and cakes. For years predating “Pride” tyranny, they even have baked rainbow-sprinkle cookies, something I never understood because all sprinkles taste the same to me regardless of their color. But my wife, Ellen of blessed memory, would never eat sugar cookies without rainbow sprinkles. Either that — or kichel. (Don’t ask.)

And so, some LGBTQers chose to celebrate “Pride Month” [sic] by ordering a rainbow cake from that Orthodox Jewish kosher baker. The baker quietly explained that he will not bake a rainbow cake. He did not give a reason, but his refusal to give a reason left clear that he will not be intimidated into violating his religious conscience and Judaic faith and practice. In Judaism, LGBTQ activity is forbidden. Why? Because it is unnatural. It defies the Word of G-d and the evidence of Nature. Nature presumes the male-female union. So does every hardware, appliance, and tech supplies store.

Soon, an expanded LGBTQ Tyrant Enterprise rolled into action. Non-Jewish LGBTQ tyrants even started posting bad reviews about this kosher bakery they never had patronized. They not only called it pejorative insults but lied about the food quality and service. The LGBTQ mafia are despicable. Imagine if pro-family people, sick and tired of LGBTQ fascism, were to post hateful reviews of every establishment owned by a homosexual or lesbian.

People who patronize and frequent kosher food establishments do not want LGBTQ anything. Without saying so, they even enjoy exiting the pollution of decayed and corroded secular culture for just a brief hiatus, if only to buy a cookie.

Thanks to the Christian heroes who led the fight to the United States Supreme Court, resulting in the great 303 Creative victory, a small kosher bakery now has a chance to keep baking challahs, bagels, rugelachkichel, and — yes — even sprinkle cookies in an environment that is kosher. And the LGBTQ mafia are free to create their own non-kosher bakeries to their hearts’ content.

Dov Fischer
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Rabbi Dov Fischer, Esq., is Vice President of the Coalition for Jewish Values (comprising over 2,000 Orthodox rabbis), was adjunct professor of law at two prominent Southern California law schools for nearly 20 years, and is Rabbi of Young Israel of Orange County, California. He was Chief Articles Editor of UCLA Law Review and clerked for the Hon. Danny J. Boggs in the United States Court of Appeals for the Sixth Circuit before practicing complex civil litigation for a decade at three of America’s most prominent law firms: Jones Day, Akin Gump, and Baker & Hostetler. He likewise has held leadership roles in several national Jewish organizations, including Zionist Organization of America, Rabbinical Council of America, and regional boards of the American Jewish Committee and B’nai B’rith Hillel Foundation. His writings have appeared in Newsweek, the Wall Street Journal, the New York Post, the Los Angeles Times, the Federalist, National Review, the Jerusalem Post, and Israel Hayom. A winner of an American Jurisprudence Award in Professional Legal Ethics, Rabbi Fischer also is the author of two books, including General Sharon’s War Against Time Magazine, which covered the Israeli General’s 1980s landmark libel suit. Other writings are collected at www.rabbidov.com.
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