An easy case was the businessman who offered “old-fashioned trolley” tours to newlyweds but wanted to exclude same-sex couples. The “expressive” quality of his work is minuscule. That’s also true of supplying a generic wedding cake to straight and gay couples alike. As the judge in Colorado put it, the baker had been asked “to bake a cake, not make a speech.”
On the other hand, compelled speech is a bad idea. No one would dream of requiring a Democratic speechwriter to work for a Republican politician. So what about a wedding photographer? Huguenin’s lawyer told the Supreme Court that “Huguenin, and not her customer, is the speaker communicating through her photographs and books. Her actions in choreographing, capturing, selecting, editing, producing and arranging the final photographs and storybooks all affect, and ultimately determine, the messages conveyed through her images and books.”
Not all wedding photographers imbue their work with a distinctive point of view, but many do. The Supreme Court should find a way to protect them and members of other “expressive professions.”
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