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In the case of Masterpiece Cakeshop vs. Colorado Civil Rights Commission, the question becomes, where is the line between Freedom of Speech, Expression, or Religion and discrimination? It seems to me that line is where a person’s artistic expression would be used to convey a message that goes against their own personal beliefs. In the case of the cakeshop, Jack Phillips, the owner, said in an interview with FOX News, “I have and will always serve everyone who comes into my shop. I simply can’t celebrate events or express messages that conflict with my religious beliefs.” (Parke 2019) According to him, he does not refuse to serve people whose lifestyles he does not agree with, but he will not make custom cakes to celebrate events that his beliefs do not align with. If his statement is true, he is not discriminating or refusing service as a whole to a protected class, but he is choosing not to use his creative abilities to celebrate events he does not agree with.

In the case of Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, Inc., the U.S. Supreme court ruled that parade organizers had a right to exclude groups from being a part of the parade whose beliefs didn’t align with theirs. In this case, the parade, though held in public, was organized by a private group, and was their own artistic expression for St. Patrick’s Day. Therefore, the parade organizers were allowed to exclude groups based on personal beliefs. However, they did not, and could not forbid people of different beliefs or classes from coming to the parade. Again, in this case, we can see the line between Freedom of Speech, Expression, or Religion and discrimination. The group didn’t have to allow people to join in the actual parade who weren’t aligned with the group’s beliefs, but they couldn’t discriminate against who could come and watch the parade.

In the case of Newman v. Piggie Park Enterprises, it was a clear case of discrimination, trying to use religious freedom as an excuse. The owner, Maurice Bessinger, tried to cite his religious beliefs as to why he couldn’t serve African-Americans in the same way he served white Americans. He was a white supremacist and believed that the intermingling of races went against God’s wishes. He wasn’t completely unwilling to serve them, the few African American’s who were able to be served, were forced to go around to the back, where the kitchen was, and pick-up their food. They were then forced to leave the premises, not allowed to enjoy their food in the same area as the white restaurant patrons. This clearly defines the line between discrimination and Freedom of Speech, Expression or Religion. In this instance, Bessinger wasn’t asked to create something unique for a class of people, he just didn’t want to serve them in the same area or way as white people.

If we look at all three court cases, we can see that the U.S. Supreme Court voted consistently through all three cases and support the idea that one’s personal, creative expression, should not be forced to go against their beliefs or ideals. However, they cannot refuse to serve people in general based on those beliefs. In the case of Masterpiece Cakeshop and similar bakeries, customer cakes are their artistic expression, essentially their canvas of choice for their artwork. Therefore, they should not be forced to create something that goes against their beliefs. When it came to the parade organizers, they were one group, with common beliefs and ideals. Their expression and celebration were in the form of the parade. The inclusion of the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) group went against those beliefs and ideals. So, they weren’t allowed to create their own float for the parade, however, they were allowed to participate as onlookers with the rest of the population. In the case of Piggie Park, the same barbeque was served to all patrons, there was no special, creative expression needed to serve whites vs. African Americans.

In conclusion, the line between Freedom of Speech, Expression or Religion and discrimination is drawn between personal, creative expressions and general service of people groups. If the bakeshop had refused all service to members of the LGBTQ community, then they would be discriminating against them. However, if the refusal is something like custom cakes for celebrations, that go against the owner’s religious views, then that should be the individual’s choice under the First Amendment.