Most strikingly, a disproportionate share of religious freedom cases are brought by non-Christian minorities. The proportion of religious-freedom cases brought by Hindus was five times their share of the population in the six states under 10th Circuit jurisdiction. The factor was 10 for Native Americans and 17 for Muslims. The most underrepresented group? Christians, who were involved in only one-fourth as many cases as their share of the population.
That means that religious freedom protections remain especially important for non-Christian minorities. But it also raises a question: Why is there so much hand-wringing about a handful of religious-liberty cases brought by Christians?
This is because the political left applies a double standard. If religious liberty is invoked by a favored minority, it is legitimate. But if it is invoked by a Christian with traditional moral views, it is seen as an excuse for hate. Progressives engage in culture-war bullying when religious liberty would stand in the way of their social views. One of the Colorado state commissioners in Masterpiece Cakeshop called the Christian baker’s religious-freedom claim “one of the most despicable pieces of rhetoric that people can use—to use their religion to hurt others.”
But if religious liberty means anything, it means the right to live according to your beliefs when most people think you are wrong.
So when Jack Phillips, the owner of Masterpiece Cakeshop, stands before the Supreme Court Tuesday, he may have some unlikely allies rooting for him: non-Christian religious minorities.