Dog Whistles and Holes in the Masterpiece Cakeshop Arguments?
…world before the Court’s 2003 decision against sodomy laws in Lawrence v. Texas—are still with us. Whispers of the past crept into one of the most revealing moments in yesterday’s argument, when Justice Elena Kagan asked Kristen Waggoner whether Jack Phillips, the baker, would be entitled to the same defense if his religious beliefs dictated that he not create custom cakes for interracial marriages. “Very different case in that context,” Waggoner…
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