The Masterpiece Cakeshop Case Is Significant For Employment Law Because The Laws At Issue Protects Employees Too

On its face, the Masterpiece Cakeshop case is styled as a case where an artist is asking that the Supreme Court not require the artist to do something against his beliefs. But in practice, it isn’t that simple. Because if a cake-baker is an artist, that means a lot of other people are artists too. And if they are artists, why can’t they too follow their conscience and be free from those pesky rules? And if there is an exemption for the average religious business owner when dealing with the public, why not when dealing with new hires? Yes, this is the slippery slope argument we all hated in law school. But the law at issue in the Masterpiece Cakeshop case, the one that this artistic baker thinks doesn’t apply to him, is the same law that protects employees in Colorado. Unfortunately, my example isn’t a stretch.