CO068 Ilya Shapiro on Discrimination v Expression

Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute, and editor in chief of Cato Supreme Court Review.

We discussed his article about Arlene’s Flowers, a flower shop in Richland, Washington and Masterpiece Cakeshop, a Colorado bakery, both of which refused service to same-sex couples planning a marriage, and were sued as a result.

Neither the website of Arlene’s Flowers nor Masterpiece Cakeshop (which specifically advertises wedding cakes) give any indication that same-sex couples will be refused service, presumably to avoid losing the business of hetrosexual couples who would not patronise them if they were aware of their policy.

Ilya also mentioned UCLA law professor Eugene Volokh who he has sometimes agreed with, and sometimes disagreed with.