The Supreme Court will hear arguments Tuesday in the case of a Colorado baker, Jack Phillips, who refused to make a wedding cake for a gay couple. Although Colorado law bans discrimination in public accommodations, some may feel tempted to sympathize with Phillips, who argues that the First Amendment protects both his religious and expressive freedom to choose who buys his cakes.
Most commenters have focused on whether baking a cake is, in fact, a religious or artistic exercise, which is likely a stretch. But even if the court agrees with such assertions, Phillips should still lose the case.