The 'Masterpiece Cakeshop' ruling is actually a win for LGBT rights

BRENDAN SMIALOWSKI/AFP/Getty Images

On Monday, the Supreme Court handed down its ruling in the now infamous Masterpiece Cakeshop case. Then all hell broke loose. After the Court ruled that a Christian baker didn't have to provide a customized cake for a same-sex marriage he objected to, Democrats eager to appease the LGBT community quickly voiced their outrage. Senate Minority Leader Nancy Pelosi even called the ruling a violation of "fundamental rights" that "fails to uphold equality."

But I'm gay and pro-gay marriage, and even after this decision, I don't think the sky is falling. If anything this ruling, albeit narrow in scope, is a win for individual freedom and the First Amendment — and in the long run, it will be a victory for the gay community as well.

RELATED: The Supreme Court dodged 'the bigger question' in same-sex wedding cake case

Let's consider the facts of the case. The left tried to portray the Masterpiece case as a fight for gay rights — CNN even ran multiple headlines calling it a "same-sex marriage case" — but this case was never really about gay marriage. It's about whether gay couples can force others to participate in their wedding ceremonies even when it violates their religious beliefs. Jack Phillips is a Christian baker who was punished by the Colorado Civil Rights Commission after he declined to provide a customized wedding cake to a gay couple because he didn't want to provide an implicit endorsement of a same-sex union. This raises a complex First Amendment question: Do business owners have free speech rights?

This case was never really about gay marriage.

The best answer for everyone, including LGBT people, is an emphatic yes. Business owners are people, and they shouldn't be forced to violate their beliefs to accommodate someone else's convenience. The gay couple in this case could have gotten a cake made for their wedding almost anywhere, but decided they wanted to try and force a Christian baker to serve them. At first glance this might seem harmless — or even appealing if you support gay marriage like I do — but it's dangerous. If Phillips can be forced to bake a cake for a gay wedding, why couldn't a gay baker be forced to bake a cake that says "God hates gay people?"

This almost happened. The same Colorado Civil Rights Commission that ruled against Phillips declined to pursue action against a gay baker in a 2014 case where he refused to serve a Christian activist who wanted anti-gay bible verses inscribed on a cake. But religious affiliation is a protected class just like sexual orientation, so before the Masterpiece ruling, the government could have cracked down on the gay baker and forced him to violate his beliefs as well. Other more conservative state regulatory bodies probably would have. So this ruling isn't just a win for Phillips — it's a win for all Americans who want to live a free society where they can't be forced to compromise their conscience.

Tolerance can't be forced.

Tolerance can't be forced. Activists who really want to increase LGBT acceptance need to seriously rethink their approach, because using the court system or government force to push your ideology onto others only fosters more resistance. Attitudes toward gay marriage are already shifting in a positive direction, but the 30 percent of the country still in opposition can't be convinced through coercion. The left insists that this case is about "gay rights," but no one has the right to force their beliefs onto others — and that kind of ideological animosity isn't exactly endearing. It often backfires, and isn't the way to truly promote tolerance or acceptance.

If anything, this decision didn't go far enough. The Court ruled 7-2 in favor of the baker, but it was a narrow ruling in scope, and it didn't hand down any broad declarations protecting free speech or individual conscience rights. The Court focused on the facts of this case, and cited the religious animosity shown by Colorado as an excuse to decline to set a precedent that could be broadly applied to future cases.

A broader pro-liberty decision would have done more to advance individual freedom, and could actually have expanded protections for LGBT Americans as a result. After all, at one time in American history, gay people were persecuted through anti-sodomy laws and even had their children taken away on account of their sexuality.

Surely the gay community can appreciate the necessity of individual freedom and the importance of protecting the First Amendment right to dissent from ideas you disagree with. In the Masterpiece case the Court narrowly protected this right — and in doing so, protected the same LGBT community it appeared to rule against.

Brad Polumbo is a writer for Young Voices. His work has appeared in the Boston Globe, the Federalist, Fox News and National Review.

Glenn Beck: Adam Schiff is a LIAR — and we have the proof

Image source: Glenn Beck Program on BlazeTV

On the radio program Wednesday, Glenn Beck didn't hold back when discussing the latest in a long list of lies issued by House Intelligence Committee Chairman Adam Schiff (D-Calif.) during the Democrats' ongoing endeavor to remove President Donald Trump from office.

"I'm going to just come out and say, Adam Schiff is a liar. And he intentionally lied. And we have the proof. The media being his little lapdog, but I'll explain what's really going on, and call the man a liar to his face," Glenn asserted. "No, I'm not suggesting he's a liar. No, I'm telling you, he's a liar. ... Adam Schiff is a lying dirtbag."

A recent report in Politico claimed Schiff "mischaracterized" the content of a document sent to House Judiciary Chairman Jerry Nadler (D-N.Y.) as evidence against President Trump in the Senate impeachment trial. Read more on this here.

"Let me translate [for Politico]," Glenn said. "House Intelligence Chairman Adam Schiff lied about a text message exchange between two players in the Ukrainian saga. And we know it, because of the documents that were obtained by Politico."

A few of the other lies on Schiff's list include his repeated false claims that there was "significant evidence of collusion" between the Trump campaign and Russia leading up to the 2016 presidential election, his phony version of President Trump's phone call with the president of Ukraine, and his retracted claim that neither he nor his committee ever had contact with the Trump-Ukraine whistleblower. And the list just keeps getting longer.

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On the radio program Tuesday, Glenn Beck and Stu Burguiere discussed recent reports that former Vice President Joe Biden's son, Hunter, wasn't the only family member to capitalize on his connections to land an unbelievably lucrative job even though he lacked qualifications or experience.

According to Peter Schweizer's new book, "Profiles in Corruption: Abuse of Power by America's Progressive Elite," Joe Biden's younger brother, Frank, enjoyed the benefit of $54 million in taxpayer loans during the Obama administration to try his hand at an international development venture.

A lawyer by training, Frank Biden teamed up with a developer named Craig Williamson to build a sprawling luxury resort in Costa Rica, which claimed to be on a mission to preserve the country's forests but actually resulted in the decimation of thousands of acres of wilderness.

The then-vice president's brother also reportedly earned hundreds of thousands of dollars as the front man of a for-profit charter school company called Mavericks in Education.

The charter schools, which focused on helping at-risk teens, eventually failed after allegations of mismanagement and a series of lawsuits derailed the dubious business venture.

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Ryan: Bernie at the disco

Photo by Sean Ryan

Saturday at El Malecón, we waited for the Democratic socialist. He had the wild white hair like a monk and the thick glasses and the booming voice full of hacks and no niceties.

Photo by Sean Ryan

The venue had been redecorated since we visited a few nights before when we chatted with Castro. It didn't even feel like the same place. No bouncy castle this time.

Photo by Sean Ryan

A black curtain blocked the stage, giving the room a much-needed depth.

Behind the podium, two rows of mostly young people, all holding Bernie signs, all so diverse and picturesque and strategic.

Photo by Sean Ryan

Lots of empty seats. Poor showing of Bernie fans for a Saturday afternoon. At one point, someone from Bernie's staff offered us seats in the audience, as if eager to fill up those seats however possible.

There were about 75 people in the dancehall, a place built for reunions and weddings and all those other festivities. But for a few hours on Saturday, August 10, 2019, it turned serious and wild for "Unidos Con Bernie."

Photo by Sean Ryan

People had been murmuring about Sanders' speech from the night before at Wing Ding. By all appearances, he had developed a raving lust to overthrow Trump. He had even promised, with his wife just out of view, that, were he elected, he'd end white nationalism in America. For good.

El Malecón lacked its previous air of celebration. It had undertaken a brooding yet defiant spirit. Media were sparse. Four cameras faced the podium. Three photographers, one of whom had been at nearly all the same events as us. A few of the staffers frowned at an empty row of chairs, because there weren't that many chairs to begin with.

At the entrance, Bernie staff handed out headsets that translated English to Spanish or Spanish to English, depending on who the speaker was. The translators stood behind the bar, 20 feet from the podium, and spoke into a lip-ribbon microphone.

Bernie's staff was probably the coolest, by far. As in, they looked cool and acted stylishly. Jeans. Sandals. Careworn blazers. Tattoos. One lad had a black Levi's shirt with lush crimson roses even though he wasn't a cowboy or a ranch-hand. Mustaches. Quirky hats. A plain green sundress. Some of them wore glasses, big clunking frames.

Photo by Sean Ryan

The outfits were distinctly Bernie. As Bernie as the tie-dyed "BERNIE" shirts for sale outside the club. Or later, at the Hilton, like a Grateful Dead cassette stand.

Immigration was the theme, and everyone in the audience bore some proof of a journey. Because America offers life, freedom, and hope.

Sanders' own father emigrated from Poland to America at 17, a high school dropout who could barely speak English. As a Jew, he'd faced religious persecution.

Within one generation, Bernie Sanders' father contributed to the highest stratum of American society. In one generation, near hopelessness had transformed into Democracy, his son a congressman with a serious chance at the presidency.

Photo by Sean Ryan

That's the beauty of America. Come here broken and empty and gutted and voiceless. And, within your lifetime, you can mend yourself then become a pillar of society. Then, your son can become the President of the United States of America!

Four people gave speeches before Sanders. They took their time, excited and nervous. They putzed. Because how often do you get to introduce a presidential frontrunner?

All the native English speakers jammed their earpieces when the woman with the kind and dark energy took the stage.

Photo by Sean Ryan

She mumbled in Spanish and did not look up and said that, when her parents died, she couldn't go home for the funeral. She fought back tears. She swallowed hard to shock herself calm. And the room engulfed each silence between every word.

It felt more like a therapy session than a political rally. A grueling therapy session at that. Was that what drew people to Bernie Sanders, that deep anguish? That brisk hope? Or, rather, the cessation of it, through Sanders? And, of course, the resultant freedom? Was it what gave Sanders a saintlike ability to lead people into the realm of the confessional? Did he have enough strength to lead a revolution?

Photo by Sean Ryan

While other frontrunners hocked out money for appearances, like the studio lights, Sanders spent money on translators and ear-pieces. The impression I got was that he would gladly speak anywhere. To anyone. He had the transitory energy you can capture in the writings of Gandhi.

Photo by Sean Ryan

I'm not saying he's right or wrong — I will never make that claim, about any of the candidates, because that's not the point of this, not the point of journalism, amen — what I'm saying is he has the brutal energy of someone who can take the subway after a soiree or rant about life by a tractor or chuck it up with Sarah Silverman, surrounded wherever he goes.

Without the slightest fanfare, Sanders emerged from behind the black curtain. The woman at the podium gasped a little. The room suctioned forward when he entered. In part because he was so nonchalant. And, again. That magnetism to a room when a famous or powerful or charming person enters. Not many people have it. Not many can keep it. Even fewer know how to brace it, to cull it on demand. But several of the candidates did. One or two even had something greater.

Photo by Sean Ryan

I'll only say that Bernie had it with a bohemian fervor, like he was a monk stranded in a big city that he slowly brings to God.

"We have a President who, for the first time in my lifetime, who is a President who is a racist," he shouted. "Who is a xenophobe and anti-immigrant. Who is a sexist. Who is a religious bigot. And who, is a homophobe. And, what is very disappointing is that, when we have a President, we do not necessarily expect to agree with him, or her, on every issue. But we do believe that one of the obligations is to bring people to-geth-ah. As Americans."

Photo by Sean Ryan

After listening silently for several minutes, the audience clapped. Their sweet response felt cultish. But, then again, what doesn't feel cultish these days? So this was cultish like memes are cultish, in a striving-to-understand kind of way.

"The essence of our campaign is in fact to bring people together," he said. "Whether they're black, or white, or latino, or Native American, or Asian-American. We understand that we are Americans."

At times, this meant sharing a common humanity. Others, it had a slightly more disruptive feel. Which worked. Sometimes all we want is revolution. To be wild without recourse. To overthrow. To pass through the constraints of each day. To survive. The kind of rowdy stuff that makes for good poetry but destroys credit lines. Sanders radiated with this intensity, like a reclusive philosopher returning to society, from his cave to homes and beds and fences and maybe electricity.

Photo by Sean Ryan

But, as he says, his revolution would involve healthcare and wages and tuition, not beheadings and purges and starvation.

Seeing the Presidential candidates improvise was amazing. They did it constantly. They would turn any of their beliefs into a universal statement. And Sanders did this without trying. So he avoided doing the unbearably arrogant thing of pretending to speak like a native Guatemalan, and he looked at the group of people, and he mumbled in his cloudy accent:

"My Spanish — is not so good."

Photo by Sean Ryan

This is the same and the opposite of President Trump's Everyman way of speaking English like an American. Of speaking American.

Often, you know what Sanders will say next. You can feel it. And, anytime this happened, it brought comfort to the room.

Like, it surprised no one when he said that he would reinstate DACA on his first day in office. It still drew applause.

But other times, he expressed wild ideas with poetic clarity. And his conclusions arrived at unusual junctures. Not just in comparison to Republicans. To all of them. Bernie was the Tupac of the 2020 election. And, to him, President Trump was Suge Knight, the evil force behind it all.

"Donald Trump is an idiot," he shouted.

Photo by Sean Ryan

Everybody loved that. Everybody clapped and whooped and some even whistled like they were outside and not in a linoleum-floor dancehall.

"Go get 'em, Bernie," someone in the back shouted.

This was the only Sanders appearance with no protestors.

"Let me say this about the border," he shouted. And everybody listened to every thunking syllable. He probably could have spoken without a mic. Booming voice. Loud and clear. Huddling into that heavy Vermont slug accent.

They'll say many many things about Bernie. One being, you never had to lean forward to hear him. In person, even more so. He's less frail. More dynamic.

Photo by Sean Ryan

Despite the shoddiness of the venue, there was a sign language interpreter. Most of the rallies had a designated interpreter.

"If you work 40 hours a week you shouldn't be living in poverty," he shouted, provoking chants and applause from the audience, as if he were talking about them. Maybe he was.

An anecdote about the people at an emergency food shelf blended into the livable wage of $15 an hour. He shifted into his spiel about tuition-free college and pointed at the audience, "You're not doing well," then at the kids behind him, "they are." He craned his head sideways and back. "Do your homework," he told said.

Laughter.

Half of the kids looked like they hadn't eaten in days. Maybe it was their unusual situation, a few feet from Bernie Sanders at a stucco community center.

Before the room could settle, Sanders wove through a plan for how to cancel debt.

Did he have a solution?

Tax Wall Street, he shouted.

Photo by Sean Ryan

And he made it sound easy. "Uno dos trey," he said. "That's my Spanish for today."

A serious man, he shoved through his speech like a tank hurtling into dense jungle. He avoided many of the typical politician gimmicks. Proof that he did not practice every expression in front of a mirror. That he did not hide his accent. That he did not preen his hair. That he did not smile for a precise amount of time, depending on the audience. That he did not pretend to laugh.

Photo by Sean Ryan

He laughed when humor overtook him. But it was genuine. With none of the throaty recoil you hear in forced laughter.

"I want everyone to take a deep breath," he said. And a palpable lightness spread through the room, because a deep breath can solve a lot of problems.

Photo by Sean Ryan

Then he roused some more. "Healthcare is a human right," he shouted. "A human privilege," he shouted. He told them that he lives 50 miles from the Canadian border in Burlington, Vermont, and healthcare works better up north.

Each candidate had a bad word, and Sanders' was "corporate."

Photo by Sean Ryan

At every speech, he mentioned "corporate media" with the same distrust and unpleasantness that conservatives derive from the term "mainstream media." Another would be "fake news," as popularized by Sanders' sworn enemy. Either way it's the same media. Just different motivations that irk different people.

But the discrepancies varied. Meaning two opposing political movements disliked the same thing, but for opposite reasons.
It sounded odd, Sanders' accusation that the media were against him. The media love Bernie. I can confirm this both anecdotally and judiciously. Yes, okay, in 2016, the media appeared to have sided with Hillary Clinton. As a result, Sanders was publicly humiliated. Because Clinton took a mafioso approach to dealing with opponents, and Sanders was her only roadblock.

Imagine if a major political organization devoted part of each day to agitating your downfall. And then you fail. And who's fault is it?

Sanders wanted to know: those negative ads targeting him, who paid for them?

Photo by Sean Ryan

Corporations, of course. Corporations that hated radicals like him. And really was he so radical? He listed off the possibilities: Big pharma, insurance companies, oil companies.

Because he had become a revolutionary, to them. To many.

He said it with certainty, although he often didn't have to say it at all. This spirit of rebellion had become his brand. He would lead the wild Americans into a utopia.

But just as quickly, he would attack. Trump, as always, was the target.

He called Trump the worst president in American history.

"The fates are Yuge," he shouted.

The speech ended as informally as it had begun. And Sanders' trance over the audience evaporated, replaced by that suction energy. Everyone rushed closer and closer to the man as Neil Young's "Keep on Rockin in the Free World" blared. Sanders leaned into the podium and said, "If anyone wants to form a line, we can do some selfies."

Photo by Sean Ryan

It was like meeting Jesus for some of the people.

There he was, at El Malecón. No stage lights, no makeup, no stylist behind the curtain. Just him and his ideas and his erratic hand commotion.

Then a man holding a baby leaned in for a photo. He and Sanders chatted. And, I kid you not, the whole time the baby is staring at Bernie Sanders like he's the image of God, looking right up at him, with this glow, this understanding.

Bernie, if you're reading this, I'd like to suggest that — if this election doesn't work for you — you could be the next Pope.

New installments come Mondays and Thursdays. Check out my Twitter. Email me at kryan@blazemedia.com

On the "Glenn Beck Radio Program" Monday, Harvard Law professor and lawyer on President Donald Trump's impeachment defense team Alan Dershowitz explains the history of impeachment and its process, why the framers did not include abuse of power as criteria for a Constitutional impeachment, why the Democrats are framing their case the way they are, and what to look for in the upcoming Senate trial.

Dershowitz argued that "abuse of power" -- one of two articles of impeachment against Trump approved by House Democrats last month -- is not an impeachable act.

"There are two articles of impeachment. The second is 'obstruction of Congress.' That's just a false accusation," said Dershowitz. "But they also charge him, in the Ukraine matter, with abuse of power. But abuse of power was discussed by the framers (of the U.S. Constitution) ... the framers refused to include abuse of power because it was too broad, too open-ended.

"In the words of James Madison, the father of our Constitution, it would lead presidents to serve at the will of Congress. And that's exactly what the framers didn't want, which is why they were very specific and said a president can be impeached only for treason, bribery, or other high crimes and misdemeanors," he added.

"What's alleged against President Trump is not criminal," added Dershowitz. "If they had criminal issues to allege, you can be sure they would have done it. If they could establish bribery or treason, they would have done it already. But they didn't do it. They instead used this concept of abuse of power, which is so broad and general ... any president could be charged with it."

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