SCOTUS

LGBTQIA, Small Business

Cake, Christ, Court, and Country: A Series of Short, Open Letters by a Queer Chocolatier

Dear Charlie and Dave,

Congratulations on your wedding! What a beautiful occasion to celebrate your love with the most special human on earth! Your love must be incredibly enduring to hold your bond so fast, especially with such events that have lingered since your nuptials. 

Within the last two years, my wife and I got married as well! We went very cheap, simple, and small for our ceremony, but we intend to have a grander celebration in the coming years. We both love cake. And I will speak for both of us (and the larger LGBTQIA2+ community) and say "thank you" for helping us weed out bakers that we won't need to patron!

You see, we all deserve the best. I'm guessing that you visited Masterpiece Cakeshop under the impression that it was of high-quality. I'm sorry that instead of getting high-quality you got high court.

To me, as a queer woman who owns a small business, transparency has been paramount to my operations. My customers know who I am to the core. They know they will also receive an outstanding product. I truly wish that transparency was how everyone and every business operated, but I'm shouting at the wind with such a wish. Maybe my transparency model will catch on through example rather than wish.

But, to the point, no one deserves to be discriminated against, especially during a time of celebration and a moment that will imprint itself on your memory until twilight.  Your case not only represents many queer and/or trans* folk, but it represents a large percentage of the frayed and worn social fabric of our nation. At least the patches that are not square, white, male, cisgendered, heterosexual, and claim Christianity as their faith regardless of their misinterpretations of Christ's words and deeds. As Lourdes Rivera writes in her piece

"The Court cannot accept those arguments in the LGBT context without undermining hard-won gains in equality for women and other groups and inviting a regression to the dark parts of our past we thought we’d left behind: a world of segregated lunch counters, and women confined to the home."

This is all a rehashing of our value in society through the foggy lens of religion.

We are valuable. We are lovable. 

Remain courageous and remain unapologetically in love, Charlie and Dave.

In solidarity,
Morgan Roddy, Queer Chocolatier


Dear Jack,

I'm sure these are trying times for you as well. You hold a deeply-held belief and feel as though you are only defending your rights to creatively express yourself and maintain your religious freedom.

We actually have a few things in common. We are both passionate about our culinary creations. We are both white and cisgendered. We are both businesspersons, albeit you have certainly been in business much longer than I. And, on the face of your argument, I can imagine that I would not want to be compelled into doing something I do not believe.

But there is more than just the face of your argument. Its core, its roots, its bones are not only discriminatory but it is just really, really bad business, to the point that over 30 large businesses filed an amicus brief in support of the case's respondents. Not that you're without powerful, if not controversial, support of your own. You may contend that, even though the majority of America and the majority of small business owners find discrimination against queer folks to be utterly distasteful, we are in the wrong because we have been swayed while you remain resolute and firm in your beliefs.  

Fine. I'm not a Christian and, as a self-identified comfortable agnostic, I can say that I am not guided by a religion. You've got me there.

But I am often moved by the words and deeds of Christ and I am especially taken by those who preach the gospel through actions instead of words.

The message of Christ was neighborly love.

And I am thoroughly befuddled why a cakemaker--someone who makes a product that is nearly universally loved--who claims to be a follower of Christ can perform some monumentally unloving acts. Not only are you performing un-love, you and those defending your case in the highest court in the land are making a significant effort to codify your unloving, discriminatory business practices.

I know that my queer self will not discriminate in my business practices. I would even prepare a box of truffles for you, despite your "sincerely-held beliefs" that my marriage is an abomination. I consider myself lucky that you would simply not choose to do business with me since it is clear from the outset who I am and what my business is about.

It is about solidarity, fierce and unapologetic love, and chocolate. 

Jack, I hope your collective efforts prove to be a modern-day parallel of Sisyphus. 

Unapologetically yours,
Morgan Roddy, Queer Chocolatier


Dear Tony, 

(Wait, can I call you "Tony" or should I just stick with Justice Kennedy? I'm sorry for my fluster. You're the first Justice I've written, despite my deep and abiding love of RBG.)

You've got quite the hot seat on the bench! All eyes will be on you and your position on the Masterpiece Cakeshop v Colorado Civil Rights Commission. Folks like me are not exactly comfortable with this arrangement, but we are hopeful all the same.

We watched you give Hobby Lobby--and conservative businesses and the religious right--a victory in taking away women's access to birth control through employer-sponsored health insurance coverage. But, a great many of us also celebrated your position in Obergefell: 

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

You tempest of the Court! How you pitch us to and fro!

All feelings aside (or as many as will be patient enough to sit for a brief minute without jumping back into the fray), you have quite the case in front of you. The questions of how corporations govern themselves, how government and businesses and individual customers engage with one another, and the friction between free speech (or religion or expression) and anti-discrimination are not easy ones to mull over, but you fully begin that process today.

I begrudgingly recognize the personhood of corporations that our nation seems to hold as true. That seems to be of a particular import in this case as Jack Phillips contends mightily that it is his beliefs that are under assault, his expression that is being coerced by the State of Colorado.

Is that the same as Masterpiece Cakeshop holding those positions? Can the corporate veil simultaneously protect Phillips while he also seeks to shed it? Can he possibly begin to, and please forgive me Justice Kennedy, have his cake and eat it, too?

I will be waiting anxiously until the coming year until you indulge us with your views on this case. As a businessperson, a queer person, and as an American. 

Respectfully yours,
Morgan Roddy, Queer Chocolatier


Dear America,

We are in a fit. And I am exhausted by it.

If you think queer men don't deserve a wedding cake, that they deserve to be discriminated against, that religion is above law regardless of the notion that religion can and is used by some as a thin veil to display power rather than a platform to display love, then how can we move on as a nation?

Perhaps we need to have a sit down chat over some chocolate to figure this out. Together. 

We must do better,
Morgan Roddy, Queer Chocolatier