This piece by
Lawrence B. Glickman on the wedding cake decision may be the best I've read. Among many things, it shows us—not directly, but implicitly—how we need to claim the language of freedom for the left. The focus of most freedom talk on the Court, including the Court's liberals, is on the freedom of capital, the artistic rights of the bakery owner. But what about the freedom of labor, the artistic rights of the bakery employees? Really encourage you to read it:
'The New York Times called the decision—which favored Phillips’s right to refuse service for religious reasons—“narrow” because it did not rule on the broader issue of discrimination against gay men and lesbians based on rights protected by the First Amendment. However, in terms of the relationship between capital and labor, the decision was anything but narrow. The Court’s majority opinion, written by Kennedy, is remarkable for its uncanny and unproblematic conflation of Phillips, the baker, and his business, the bakery. By insisting that the key issues in the case are Phillips’s artistic expression and his religious liberty, the Court was silent on the question of how a company can possess these rights. It did so by assuming not only that corporations are people, but that the cakes made by Masterpiece Cakeshop are produced by Phillips alone, when in fact we know that the bakery has other workers.
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'So what of the artist’s helpers? Does Phillips, whom the Court tells us “owns and operates the shop,” make every cake (what the Court calls “his cakes”) alone, with no assistance from his staff? Presumably even if they do not mix the ingredients or come up with the recipes, they assist the baker-artist by cleaning pots and pans, handling the cash register, or performing other labor of value to the owner. The Court does not reckon with this division of labor, assuming that the cakes are the sole product of Phillips’s labor and artistry alone. Not only did the Court not bother to note the number of employees (as it did in a 2014 case involving another family-owned “Christian business,” Burwell v. Hobby Lobby Stores) or their roles, it also took no account of their views or religious principles. What if one or more of them believe strongly that the bakery should have provided a wedding cake for David Mullin and Charlie Craig, the same-sex couple who came into the store to ask for one, setting off the legal case in 2012?
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'Yet the same slippage between Phillips and his cake shop run through all fifty-nine pages of the Court’s opinions, including the concurrence by the liberal Justice Elena Kagan, joined by Stephen G. Breyer. Even the dissent by Justice Ruth Bader Ginsburg (joined by Sonia Sotomayor) uses the language of “bakers” and “bakeries” interchangeably. This suggests success in the long efforts of conservatives and business lobbyists to efface the manifest differences among corporations, small businesses, and entrepreneurial individuals. Rather than being constituted by employers and employees, this vision of firms as aggregates (or embodiments) of individuals doubly effaces class, first by denying the existence of workers and then by assigning to businessmen such as Phillips the rights of otherwise invisible workers.'