Todd Starnes is a particularly obnoxious reporter for Fox News who now has the monumental sadz because the state of Oregon has told a couple of Christian bakers that they violated the state’s public accommodation law by refusing to bake a cake for a same-sex wedding. He sums up his veil of tears by citing the Constitution thus:
The evidence seems to indicate that Christian business owners are being intentionally singled out for persecution. And it appears the courts are consistently ruling that gay rights trump everyone else’s rights. The Constitution guarantees every American a right to life, liberty and the pursuit of happiness. Melissa Klein makes wedding cakes. That’s her pursuit of happiness. Should she be denied that right simply because of her Christian faith?
Raise your hand if you see the flaw in his argument.
Okay, I’ll give it to you: The Constitution does not guarantee “every American a right to life, liberty and the pursuit of happiness.” Those words are in the Declaration of Independence, which has no force of law. There is nothing in the Constitution about those guarantees. There is, however, the right to equal protection under the law which has been interpreted by the courts and just about anyone who went to law school to mean that you can’t have a business that is open to the public and choose not to serve a certain segment of the public because you think they’re icky.