Forcing bakers to make gay wedding cakes violates free speech, California judge rules

Beautiful. Sanity and the Constitution gets another win in this power grab to punish people for exercising their freedom of speech and religion. Amazing in California no less. Its a good sound ruling rooted in the Constitution instead of relying on feelings. >>>MOD EDIT Flamebait Removed<<< Will this ruling inspire other judges to examine the Constitution as this judge did for rulings on this issue in the future?


A ruling in favor of a California baker who refused to design a wedding cake for a gay couple produced a potentially significant distinction that could impact future similar cases.

Kern County Judge David Lampe ruled that the state could not force Cathy Miller, owner of Tastries Bakery, to bake a cake that would go against her beliefs, according to Kern Golden Empire.

“For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment,” the judge said in the ruling.

How did he come to that decision?
A key factor in the decision was that the cake being requested by the couple was a custom job that was not regularly sold by the bakery.


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The implication is that if the couple had requested a cake that was on display and routinely sold to other customers, it would be discriminatory to refuse to sell it to a gay couple on the basis of religious beliefs.

Here’s more from the ruling: “A wedding cake is not just a wedding cake in Free Speech analysis. It is an artistic expression by the person making it that is to be used traditionally as centerpiece in the celebration of marriage. There could not be greater form of expressive conduct.”

https://www.theblaze.com/news/2018/...s-violates-free-speech-california-judge-rules

 

This case is sufficiently unusual that it may have trouble moving forward, but the adjudicator is perhaps one slice short of a loaf.

 

How is it unusual? Its the same scenario as the Oregon case. A gay couple who was served for years was only refused service for a gay wedding cake.

Did you even read the article?

 

I don't think we can be considered a free country if we're forced by the government to interact with others who violate our core beliefs. If I'm forced to interact with BLM and Antifa or face fines and lose my livelihood, then I'm not really free, am I? At that point I could potentially become a hostage to those groups.

 

Right again

 

I've said all along that custom orders can't be forced on businesses. It goes against all our principles to demand such a thing. The bottom line is that money doesn't discriminate. If I were that opposed to working for them I'd simply quoted them 10,000 bucks for a $500 cake and avoided the fuss. Likewise, it's easy enough for the couple to go a couple of blocks and find another baker. Some like to stand on principles though and make a statement and feign their butthurtness.

 

Since no religion was mentioned in the article, can we consider this a victory for those who practice Islam as their teachings about gays are somewhat well known?

 

If the baker normally made wedding cakes then he would be discriminating by not making one for a same gender couple like any other couple, which is fine, this was a request for a special item they normally didn't make.

 

It will be interesting to see how this plays out in the higher courts.

If it really isn't a service that they normally offer than it makes sense that they should be able to refuse it, but if they offer the same service to other heterosexual couples, that is clearly discrimination.

 

Everything discriminates. Laws by their very nature discriminate against certain behavior.

This is about the freedom to refuse service to someone's request that forces your participation in an event that goes against your religious beliefs. Freedom of religion and speech are in the Constitution. Homosexual marriage is not.

 

Business owners should be able to deny service to anyone they want, for any reason they choose. The market will decide if they succeed or fail. Government only needs to ensure there are no impediments to competition, and another supplier will provide any service for which there is demand.

For instance, if I owned a bakery near the homophobic one, I would advertise my all-inclusive cake policy on every lamp-post in the vicinity. Gay folks may be all fruity and rainbow-colored, but their money is just as green as anyone else's.

 

No it is not.

The gay couple asked for a custom cake not normally offered to the public.

 

Yes a gay wedding cake. Which goes against their beliefs to participate in a gay wedding. Have you read the Oregon case because its pretty clear you haven't or need to again.

 

The Oregon couple did not ask for a custom cake.

 

Bigots are using the Bible as an excuse for their hate.

They are not bible-compliant in any way whatsoever.

 

Your method of charging $10,000 would have the reverse effect of proving your purpose solely was discrimination and not based upon religious beliefs whatsoever.

 

These fake Christian bakeries will make you a wedding cake for your fourth wedding, no problem. Even though you are an adulterer by Jesus's direct and unequivocal definition.

They are hypocrites. And Jesus had a lot to say about hypocrites.

They are discriminating against gays, not observing any religion. That excuse is a total farce.

 

Jesus said, "I tell you that anyone who divorces his wife, except for sexual immorality, and marries another woman commits adultery."


Three wives:


Four wives:


Five husbands:



Three wives:

 

Gays aren't destroying marriage. Serial adulterers destroyed marriage a loooooooooooong time ago.

I guarantee you those very same gay-bashing bakeries make wedding cakes for adulterers every damn day.

 

Actually no. If I am a home builder, and I get a pain in the ass bidder, I can quote whatever I chose, if I am approached and asked to bid. It's a simple way to flick off the boogers. Like it or lump it. Accept the contract or shop elsewhere. It's a constitutional freedom in the pursuit of happiness.

 

This is why it's not the same as the Oregon case...............A key factor in the decision was that the cake being requested by the couple was a custom job that was not regularly sold by the bakery.

 

How come you didn't refer to the Quran? And what's with the hate stuff? Not wanting to participate isn't hate, it's freely choosing to not want to participate. Now throwing gays off buildings, that's hate.

Please stop being intolerant of religious beliefs. I'm agnostic and I respect people's religious beliefs until they impact me.

 

A stopped clock is right twice a day! We agree! If it was a cake in the display, then yes, discrimination.

 

Any wedding cake is a custom job for that wedding. Try again.