wedding cakes

This Kentucky printer won't make gay pride T-shirts. Is sexual discrimination or religious freedom key?

This Kentucky printer won't make gay pride T-shirts. Is sexual discrimination or religious freedom key?

Arlene’s Flowers.

Masterpiece Cakeshop.

And yes, Hands On Originals, the T-shirt shop that will be the focus of today’s discussion.

All of these businesses — in Washington state, Colorado and Kentucky — have been the subject of past GetReligion posts exploring media coverage of the intersection of sexual discrimination and religious freedom.

Often, the gay-rights side receives preferential coverage on this topic. News reports frequently focus on the “refusal of service” aspect as opposed to sincere claims of free speech and religion. But what about the Lexington Herald-Review story that we’ll critique today?

Does it reflect both sides? Does it treat everyone fairly? Does it make the clear the competing legal arguments?

Yes, yes and yes.

The lede explains the history:

More than seven years after a Lexington shop refused to make T-shirts for the 2012 Lexington Pride Festival, the Kentucky Supreme Court will hear arguments Friday about whether or not the company violated the city’s Fairness Ordinance.

Before the case began moving through the court system, the Lexington-Fayette Urban County Human Right’s Commission accused the business of violating the ordinance that prohibits discrimination. In 2015, Fayette County Circuit Court Judge James Ishmael reversed the commission’s decision, saying there was no violation.

The Kentucky Court of Appeals upheld Ishmael’s ruling in 2017 with a 2-1 vote.

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Religious freedom vs. gay rights: Debate is back in Georgia, and so are the scare quotes

Religious freedom vs. gay rights: Debate is back in Georgia, and so are the scare quotes

Georgia’s legislative fights over gay rights vs. religious freedom have made headlines before.

In fact, I wrote a 2016 post headlined “Down in Georgia, here's what the news media's love of 'religious liberty' scare quotes tells you.”

I noted then that most major media insisted on scare quotes around "religious liberty" or "religious freedom.”

By the way, Dictionary.com defines scare quotes this way:

A pair of quotation marks used around a term or phrase to indicate that the writer does not think it is being used appropriately or that the writer is using it in a specialized sense.

Fast-forward to present day, and a similar bill is making news again in Atlanta. The differing treatments of that bill by The Associated Press and the Atlanta Journal-Constitution are interesting.

On the one hand, scare quotes still seem to be in vogue at AP, which has this headline:

'Religious liberties' bill renews a recurring Georgia debate

AP’s lede also relies on scare quotes:

ATLANTA (AP) — A ‘religious liberties’ bill that aims to add greater protections for personal beliefs has renewed a recurring debate in Georgia about discrimination and religious freedom.

Republican state Sen. Marty Harbin of Tyrone said Thursday his proposal was drafted to mirror the Religious Freedom Restoration Act, passed by Congress in 1993 and signed into law by President Bill Clinton.

“I believe that Georgians need to be fully protected under the First Amendment from not only federal law, but also state and local law,” Harbin said at a news conference.

But critics say the bill would allow discrimination against the LGBT community.

Republican Gov. Brian Kemp pledged during his election campaign last year to sign “nothing more, nothing less” than a mirror image of the federal law. His predecessor, GOP Gov. Nathan Deal, vetoed a similar bill passed by lawmakers three years ago amid threats by major companies to boycott Georgia if the measure became law.

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Let's be honest: Many voicing opinions about Colorado baker Jack Phillips don't know the facts

Let's be honest: Many voicing opinions about Colorado baker Jack Phillips don't know the facts

Everybody, it seems, has an opinion about Jack Phillips.

But not everybody — trust me on this — has taken the time to review the facts of Phillips' case.

Does the Colorado baker — in whose favor the U.S. Supreme Court ruled 7-2 this week — really "refuse service" to gays and lesbians as a matter of general business practice? 

Not according to him.

His position — one that resonated with the court's majority — is more complicated than that.

Yet headlines such as this one in USA Today serve only to fuel the misperception:

Poll: 51% of white evangelicals support business' refusal of service to LGBT customers

Here is the question that the survey covered by the national newspaper asked:

Do you support or oppose allowing a small business owner in your state to refuse to provide products or services to LGBT individuals if doing so violates their religious beliefs?

I have the same concern with that question that I did one asked in a previous survey that I highlighted last year: I'm just not sure it's the right one. There are better questions to get closer to the real issue.

For example, why not ask something like this?: 

Do you support the government forcing a small business owner in your state to create messages that conflict with their religious beliefs if doing so advances the cause of LGBT individuals?

Might the responses to that question be different from the one covered by USA Today?

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In same-sex wedding cake case, Supreme Court rules for Colorado baker — but who wins in future?

In same-sex wedding cake case, Supreme Court rules for Colorado baker — but who wins in future?

News broke this morning that the U.S. Supreme Court had issued a "narrow" ruling in favor of Colorado baker Jack Phillips in the long-awaited Masterpiece Cakeshop decision.

Wait a minute: The vote was 7-2. How exactly is that "narrow?"

Thus began some of the early discussion as folks on all sides sought to analyze the ramifications of the high court ruling.

As the day progressed, The Associated Press offered more context on the initial description of a "narrow" ruling, using adjectives such as "modest" and "limited" to characterize the decision:

WASHINGTON (AP) — The Supreme Court ruled Monday for a Colorado baker who wouldn’t make a wedding cake for a same-sex couple in a limited decision that leaves for another day the larger issue of whether a business can invoke religious objections to refuse service to gay and lesbian people.

The justices’ decision turned on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips. The justices voted 7-2 that the commission violated Phillips’ rights under the First Amendment.

The case had been eagerly anticipated as, variously, a potentially strong statement about the rights of LGBT people or the court’s first ruling carving out exceptions to an anti-discrimination law. In the end, the decision was modest enough to attract the votes of liberal and conservative justices on a subject that had the potential for sharp division.

Justice Anthony Kennedy said in his majority opinion that the larger issue “must await further elaboration” in the courts. Appeals in similar cases are pending, including one at the Supreme Court from a florist who didn’t want to provide flowers for a same-sex wedding.

The New York Times, meanwhile, referred to the "narrow grounds" of the ruling, which the Times said came in "a closely watched case pitting gay rights against claims of religious freedom." 

On social media, advocates and experts scrambled to assess which side really won:

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Friday Five: An abusive cult, Top 10 religion stories of 2017, guns in churches and more

Friday Five: An abusive cult, Top 10 religion stories of 2017, guns in churches and more

Today's Friday Five will be a Roy Moore-free (and Doug Jones-free) zone.

Hey, it's nothing personal (we've got posts here, here, here and here if you want to read more about this week's big politics-and-religion news). Plus, my inside sources tell me a must-listen-to GetReligion podcast on the subject is coming real soon.

But for a twist, the "Five" will focus on subjects besides "Sweet Home Alabama" (the above video notwithstanding).

Here goes:

1. Religion story of the week: The Associated Press published another riveting installment in its ongoing investigation of North Carolina-based Word of Faith Fellowship. Earlier this year, we called attention to this "important AP investigation on physical and sexual abuse" at that church. The latest story by Mitch Weiss and Holbook Mohr — "‘Nobody saved us’: Man describes childhood in abusive ‘cult’" — is again must reading.

2. Most popular GetReligion post: I mentioned the upcoming podcast. But if you missed last week's podcast ("Cakeshop question: Is 'tolerance' a bad word in America today?"), you can listen to it now. Terry Mattingly's post tied to the podcast — "Masterpiece Cakeshop waiting game: Are the bakers of all 'offensive' cakes created equal?" — was the No. 1 most-read post of the last week.

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Don't let the headline fool you: USA Today's story on Masterpiece Cakeshop case is a tasty read

Don't let the headline fool you: USA Today's story on Masterpiece Cakeshop case is a tasty read

When I started in journalism — back when cavemen and Terry Mattingly roamed the earth — reporters at major newspapers typically didn't write their own headlines.

They'd file their story to an assigning editor, who would give it a first read, ask questions, make revisions and eventually ship it down the line, either to another assigning editor or to the copy desk. It was not unusual for a handful of editors to handle a story — particularly a major one — before it hit the press and landed on readers' driveways before sunup.

The copy desk — often late at night — would check for grammar, spelling and Associated Press style errors. And at some point, a slot editor would place the story on a page with a headline that could be any number of lines and columns, depending on the ads around it.

Before the days of easy fixes online, the copy editors saved reporters from egregious and embarrassing mistakes in smelly black ink. But yes, sometimes, those same editors — under deadline pressure — came up with headlines that were, um, less than representative of what the story actually said.

So a common defense of the writer class to headline fails was: "Reporters don't write their own headlines." In other words, don't blame us!

Is that still true? In the web-first age, do writers still depend on editors to craft their headlines? In some cases, yes. But in general, it varies. So I have no idea who wrote the headline on the USA Today story I want to highlight today.

But I will say this: The newspaper's story on the Masterpiece Cakeshop case (click here if you somehow have no idea what I'm talking about) is interesting and informative.

The headline? Not so much:

Same-sex marriage foes stick together despite long odds

Blah.

That's not really what the story is about. 

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Gay rights, religious liberty and the tasty details sometimes buried in an inverted-pyramid wire story

Gay rights, religious liberty and the tasty details sometimes buried in an inverted-pyramid wire story

It's time to talk cake.

Again.

Get ready for more such discussions as the case of Jack Phillips — the Colorado baker who refuses to make a cake for a same-sex wedding — heads to the U.S. Supreme Court.

The story that sparked this latest post comes courtesy of The Associated Press, which reports:

WASHINGTON (AP) — Prominent chefs, bakers and restaurant owners want the Supreme Court to rule against a Colorado baker who wouldn’t make a cake for a same-sex couple’s wedding.
The food makers say that once they open their doors for business, they don’t get to choose their customers. They say that abiding by laws that bar discrimination based on sexual orientation does not strip them of creative control of a dish or a pastry.
Celebrity chefs Jose Andres, Elizabeth Falkner and Carla Hall, the owners of a popular Washington, D.C., cupcake shop and a small-town baker from Mississippi are among those who are signing onto a legal brief being written by the Human Rights Campaign.

Keep reading, and AP introduces a twist in the story — one that, to me, is even more interesting than the new development reported up high:

Cake artists who want the justices to recognize the artistic expression in cake-baking filed a separate brief last month that does not take sides in the case.

Hmmmm, artistic expression.

Does that sound familiar?

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In Supreme Court case of baker refusing to make same-sex wedding case, THIS is the question

 In Supreme Court case of baker refusing to make same-sex wedding case, THIS is the question

Good job, New York Times.

The Times often falters in covering issues related to traditional biblical beliefs on marriage and sexuality.

But in a front-page story Sunday, the paper nailed the key question related to a Colorado baker who refuses to make a cake for a same-sex wedding.

GetReligion has, of course, stressed this critical question since the U.S. Supreme Court decided to hear baker Jack Phillips' case this fall:

Is there a difference between (1) making a generic cake and selling it to anybody willing to pay for it and (2) using one's artistic talents to create a special cake celebrating an occasion such as a wedding?

After reading the Times' headline, I'll admit I was a little worried about the direction — and potential fairness — of the story:

Cake Is His ‘Art.’ So Can He Deny One to a Gay Couple?

Notice the quote marks around "art?"

I wondered if they were really necessary. And if there was any chance they were meant as scare quotes — a textual raising of the eyebrows?

Given the apparent skepticism of the headline, I was surprised by the sympathetic nature of the lede:

LAKEWOOD, Colo. — Jack Phillips bakes beautiful cakes, and it is not a stretch to call him an artist. Five years ago, in a decision that has led to a Supreme Court showdown, he refused to use his skills to make a wedding cake to celebrate a same-sex marriage, saying it would violate his Christian faith and hijack his right to express himself.
“It’s more than just a cake,” he said at his bakery one recent morning. “It’s a piece of art in so many ways.”

But then I kept reading, and the other side questioned the veracity of Phillips' "art":

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As Supreme Court bites into same-sex wedding cake dispute, how to tell good media coverage from bad

As Supreme Court bites into same-sex wedding cake dispute, how to tell good media coverage from bad

What a busy day on the religion front for the U.S. Supreme Court!

Here's how Sarah Pulliam Bailey, Washington Post religion writer and former GetReligionista, put it in a public post on her Facebook page:

In case you missed it, the high court sided with a church in an important religious liberty case, it allowed Donald J. Trump's travel ban to take effect, and it will hear a case involving a wedding cake baker.

Oh, is that all?

Seriously, I won't attempt to cover all three of those major stories in one post. I'll save the Trinity Lutheran case and the refugee travel decision for another day. But I will take a quick bite of wedding cake and hit a few high points on media coverage of Colorado baker Jack Phillips.

Actually, on second thought, why don't I just keep it simple and stick to one high point? Because it's one that so many news organizations have such a difficult time grasping. And yes, it's one that will be extremely familiar to regular readers of GetReligion.

I'm talking about the specific way that journalists choose to frame the Masterpiece Cakeshop case (and similar religious liberty disputes, such as the one involving Barronelle Stutzman, the sole owner of Arlene's Flowers in Richland, Wash.).

See if you notice a difference — however subtle — between the following two ledes today.

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