Richard Sherman, a criminal defense attorney, says that in the recent Supreme Court case of a bakeshop that refused to bake a cake for a gay couple because of their religious beliefs, the bakers should “either shut [their] bakery down or make the cake.”
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“Then Richard, the argument has to be made, particularly for Phillips, that this is different than if I were selling a car, if you want to come into my store and by any product, which it would not be supported by law no matter what right that I don’t want to sell you this product because I don’t agree about anything that you represent, who you are, etcetera,” said host Fredericka Whitfield on CNN Saturday.
“That’s flat out discrimination, and there’s already precedences for that. Why is this different?” she asked.
“Yes, you’re right Fred, that would be outright discrimination,” responded criminal defense attorney Richard Herman.
“But here, what you’re doing is you’re compelling this baker to use his expertise to create something, him personally to create something, not just sell the cake, he said I’ll sell you any cake you want to buy in my store, here, take any cake you want, don’t make me create a cake for something I oppose in my religion,” Sherman said. “Now that is ridiculous, I think he should have made the cake.”
He continued, “But, we’re looking at it legally and we’re analyzing it legally, and that’s his position, don’t compel me to do something that violates my religious belief. He’s open to the public and Avery is right, that’s not what the law says Fred. He’s open to the public.”
“I don’t think he has the right to do this. Ultimately, I think either shut your bakery down or make the cake, I think that’s how it’s going to end up. But it’s going to go back, I don’t think the Supreme Court is going to answer this one,” Sherman stated.
The Supreme Court heard oral arguments for the case Masterpiece Cakeshop v. Colorado Civil Rights Commission on Tuesday, and they seemed sympathetic to the Christian baker.