University of Massachusetts School of Law Scholarship Repository @ University of Massachusetts School of Law Faculty Publications 2019 Queer Sacrifice in aM sterpiece Cakeshop Jeremiah A. Ho University of Massachusetts School of Law - Dartmouth,
[email protected] Follow this and additional works at: https://scholarship.law.umassd.edu/fac_pubs Part of the Civil Rights and Discrimination Commons, and the Sexuality and the Law Commons Recommended Citation Ho, Jeremiah A., "Queer Sacrifice in Masterpiece Cakeshop" (2019). Faculty Publications. 201. https://scholarship.law.umassd.edu/fac_pubs/201 This Article is brought to you for free and open access by Scholarship Repository @ University of Massachusetts chooS l of Law. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Scholarship Repository @ University of Massachusetts chooS l of Law. Forthcoming, to be published in the Yale Journal of Law & Feminism. QUEER SACRIFICE IN MASTERPIECE CAKESHOP ∗ Jeremiah A. Ho ABSTRACT This Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and the Court’s interest in affirming the primacy of marriage.