An Open Letter to Justice Ruth Bader Ginsburg

14 Pages Posted: 13 Nov 2018

Date Written: 2018


This "open letter" examines a common claim that appears in Justice Ginsburg's dissenting opinion in Masterpiece Cakeshop--namely, that a custom cake baker who declines to bake a cake for a same-sex couple's wedding is acting "solely based on the identity" of the couple-- and argues that the claim is not only demonstrably false but is also unfortunate in aggravating cultural divisions and precluding acceptable middle ground resolutions.

Keywords: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Ruth Bader Ginsburg, Dissenting opinion

JEL Classification: K10

Suggested Citation

Smith, Steven Douglas, An Open Letter to Justice Ruth Bader Ginsburg (2018). San Diego Legal Studies Paper No. 18-367. Available at SSRN: or

Steven Douglas Smith (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-7969 (Phone)
619-260-2492 (Fax)

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