On Tuesday the Supreme Court heard oral arguments in Obergefell v. Hodges, the case that asks whether the Constitution requires states to allow same-sex couples to marry. Four days before the hearing, in Oregon, an administrative-law judge proposed a $135,000 fine against Aaron and Melissa Klein, proprietors of the Sweet Cakes bakery in Gresham, for the “emotional distress” suffered by a lesbian couple for whom the Kleins, citing their Christian belief that marriage is between a man and a woman, had declined to bake a wedding cake in 2013….
Media sympathy for the Kleins’ claim that being forced to participate in a same-sex wedding would violate their consciences ranged from nonexistent to … nonexistent….
The irony is that only a few years ago, when the legalization of same-sex marriage didn’t appear so inevitable, gay-marriage advocates eagerly assured a skeptical public that scenarios like those above would never happen. Typical was since-retired California Supreme Court Chief Justice Ronald M. George, who wrote in the 2008 decision legalizing gay marriage in that state: “Affording same-sex couples the opportunity to obtain the designation of marriage will not impinge upon the religious freedom of any religious organization, official, or any other person.”
The victors have dropped their conciliatory stance.