Confectionery Excellence in the Flow of Religion and Politics

Cakes and Constitutional Rights before the English and American Supreme Courts

Abstract

The expression of religious belief is simultaneously protected by the right to freedom of religion and the right to free expression. Furthermore, freedom of expression also includes the right to remain silent; i.e. no one can be compelled to express their opinion or the views of others. The question has also been raised before the courts of the United Kingdom and the United States as to whether making a cake constitutes speech and whether the baker may refuse it on the grounds of freedom of religion. The problem that arises is complex and, in addition to freedom of religion and expression, it also raises issues related to ensuring equal treatment for all and even to protecting human dignity. This paper will review these cases and the decisions taken and analyse them from the points of view of freedom of expression, non-discrimination, protection of human dignity and freedom of religion.