Jonathan Higbee's picture

Fox News: Are Gay Rights "The Death Of Free Enterprise"?


During a segment in which Elisabeth Hasselbeck interviewed the Colorado baker who refuses to serve LGBT Americans with his public business, Fox News framed the conversation with a graphic that read, "The Death of Free Enterprise." (Another Chyron graphic read, "So much for freedom.")

Media Matters tackles this first eyeroll inducing moment:

As the judge in who issued the decision in Phillip's case made clear, requiring business owners who operate in the public market to abide by non-discrimination laws isn't a violation of the business owner's religious liberty or free speech rights. Business owners like Phillips may have a personal aversion to serving gay customers, but personal animus - even when it is based in sincerely held religious beliefs - isn't a good enough reason to discriminate against an entire group of customers. A racist business owner, for example, would be prohibited under Colorado law from refusing to bake a cake for the wedding ceremony of a non-white couple.

Fox's "death of free enterprise" framing isn't surprising. The network has spent the last several months championing business owners who choose to discriminate against gay customers, falsely pitting basic LGBT equality against an extreme and legally baseless conception of religious liberty.

It only got worse from there. 

Jack Phillips, owner of the anti-gay Masterpiece Cake Shop in Denver, said that he'd rather go to jail than accommodate a certain American minority group. Of course his desire to appear like a martyr is all based on a lie: Phillips does not face jail time for discriminating against paying customers; he simply faces a fine. 



(h/t, image: Mediate)


Honestly, if someone doesn't want to serve me for whatever reason... I wouldn't want to 1. Give them my business and 2. I would not trust them to not do anything to what I buy from them if it's edible. 

Is it religious beliefs or does he just hate gays? 

True Christianity teaches "love thy neighbor" and "do unto others as you would do unto yourself". It doesn't include-unless they happen to be gay. 

I think he hates gays and is hiding behind religion.

It's "do unto others as you would have them do unto you"----unless they're gay of course.

For the love of God, what the heck is a straight cake vs a gay cake?  

Sorry, it makes the gay community appear lames if are protesting about wedding cakes. 

For the love of God, what the heck is a straight cake vs a gay cake? 

He stuck up for what he believed in...I'm okay with that

Unfortunately, the constitution and historical jurisprudence does not equate sexual orientation and gender identity, ambiguous and malleable concepts, with immutable features like race, color, and ethnicity as classes worthy of special legal protection. 

In its recent marriage decisions, the Supreme Court declined to hold—as did the lower court in one of the two cases—that “sexual orientation” was a constitutionally “suspect” class, comparable to classes of race, color, and ethnicity. Any legal rule that classifies people on a “suspect” basis is usually presumed to be invidiously discriminatory and thus unconstitutional.

We're not there yet; the prop 8 decision effectively side stepped that issue all together.

If you are going to run a business and expect it to succeed, you need to serve EVERYONE, regardless of race, religion, gender, sexual orientation, disability, etc. Even if you don't necessarily agree with someone's lifestyle, that is NO reason to refuse service. Also, when you limit your customer base, that's bad business. Let's face it: the real goal of running a business is to MAKE MONEY. If you refuse to serve someone because you don't agree with them, then you are a terrible businessman.

Why aren't gays supporting gay businesses? Comparing a cake to riding the back of a bus is insulting. Pisses me off the pushy gays go and cry ONE  baker won't bake their cake. I'm sure their are other businesses that would be HAPPY to bake them a cake. Instead they BULLY a shop owner and FORCE them to make a cake. Disgusting. There goes our freedom.

Gays are supporting gay businesses and don't forget-it was ACLU that took the man to court. The couple being denied service had nothing to do with it. 

I personally don't think we as a community have a right to force any business to serve our community. There has to be a limit if they don't agree with our way of life why would u want them in it anyway . Best way to change view is through money just don't patronize that business. I personally am so tired of people saying that everyone must except lifestyle or force being shut down . When did we go from land of free to you must accept me. What is next will be that I will have to rent to sex offenders in one of the complexes I run that are full of kids even though I don't agree with their actions . The baker should not be forced to do something that he doesn't feel comfortable with. What's next forcing pastors and churches to be forced to preform ceremonies that go against their beliefs . I am all for equality but we will never get that by forcing people To go against their morals or beliefs 

Let me ask, if the owner said he doesn't want to bake a cake for a black couple or a Jewish couple or an interracial couple, by your stance that should be okay.  If the owners doesn't want to serve women that would be okay?  If they only want to serve Catholics or Republicans that's okay and since it's his business so be it.  So we don't have to push any business to serve the public at large even though they are supposed be in the business to serve the public.

I think pastors, ministers, priest, rabbis and other religious organizations are exempt from the law and most churches tend to marry their members of their own church. 

So if it's different stance for discrimination based on everything thing else, explain how sexual orientation is different?  How does public accommodation work in a community?  When is acceptable to say to a business you can't discriminate.  State and federal laws don't need to obey to protect the general public by the business owner because he doesn't agree and feel the law exempts him due to his beliefs? 

How should the public be aware that they will not serve certain members of a community to avoid shopping at their business.  I'm asking as I'm all for equality but also for equal treatment from businesses and certainly don't want to be in a position of being turned down or doing business with an business that doesn't want to serve me or my family. 

Yeah that is exactly what happen about Black people on the buses or eating at tables at Woolworths during the 1950s and 60s Civil Rights movement. No wait, it was not! It is discrimination to NOT SERVE people based in race, religion and that should very much include Sexual Orientation. I would like to see how Philips and Fox News treat the story if we were talking about a non-Christian baker; like Jewish or Muslim, who was not willing to serve him a Christmas cake? Then, it would be a Holy war against Christmas! I agree will you a bit, I NEVER want to force myself on people who do not want me in the first place. I chose to live near big cities and in states that protect and support my rights. However, I should have the right to live, work and shop anywhere I want without the need to feel like a second class person!

I agree completely!

Best thing to happen is Elisabeth Hasselbeck to leave the View and go to FOX.  She must have felt like lone stink weed among the hosts.  

The owners need to either comply or close up shop.  If they continue to remain open, then ads should be taken at all wedding shows, papers, magazines that Masterpiece Cake Shop supports discrimination, hides behind religion to support their bigotry and don't fully support the larger community.  Then of course there is always Yelp!

Please support other bakeries who not only support the whole community but is open to business for everyone.  Choice is your's, on the day that units two for life, do you want a cake from a bakery that divides the community.  Make your union perfect and chose a bakery that unifies not divide.

Certainly they can cry this is foul but it's freedom of speech and you can't have it both way.  Let's see how long they survive.

 What a blatant exhibit of hatred and discrimination! And to think he's using religion as an excuse. It offends me that he uses the name of Jesus Christ to condone his actions. Has anyone checked to see if this man even goes to church?

His license to conduct business in the state should be revoked. If they try to re-register in his wife's name, that should be blocked. Enough already.

Add new comment