Posted on 02/07/2018 1:14:13 PM PST by Oldeconomybuyer
BAKERSFIELD, Calif. - A California bakery owner can continue to refuse to make wedding cakes for same-sex couples because it violates her Christian beliefs, a judge ruled.
The decision came after a lawyer for Tastries Bakery in Bakersfield argued that owner Cathy Miller's right to free speech and free expression of religion trumps the argument that she violated a state anti-discrimination law.
Kern County Superior Court Judge David Lampe agreed but said Monday his ruling was tied closely to the fact that Miller was being asked to make a cake for an event and that the act of creating it was protected artistic expression.
Lampe cautioned that freedom of religion does not give businesses a right to refuse service to groups protected by the Unruh Civil Rights Act in other circumstances, the Bakersfield Californian reported.
"A retail tire shop may not refuse to sell a tire because the owner does not want to sell tires to same sex couples," Lampe wrote. "No baker may place their wares in a public display case, open their shop, and then refuse to sell because of race, religion, gender, or gender identification."
(Excerpt) Read more at cbsnews.com ...
It’s time for a celebratory country-style song: “Take this cake and shove it!”
I read about this case yesterday. Surprised CBS didn’t post this until today.
If her posted price for a fag cake is $100,000 and they pay it, she should make the cake. after the price is paid.
Unless artistic expression allows for violating state laws, I don’t see the judge’s justification. If it goes to appellate court, the verdict may not hold up.
I think I understand what the judge was saying...if they take a pre-made cake or loaf of bread and put it in their window, they cannot refuse to sell it to someone because of their color blah blah blah etc.
But a custom made cake does not fall under that mantle because of the artistic component.
I would think that might hold up, but...in today’s court environment, I wouldn’t bet on it.
if you bake a cake, cover it with frosting, put it on the shelf and someone wants to buy it, you have to sell it to them.
But if they hand you a picture of two men kissing each other on the mouth, and they want a little figurine of two men, you can refuse.
That makes some sense to me, but I suspect as you do it will be fought and defeated.
Sometimes I think the only alternative is to figuratively bake a lousy or inedible cake.
Good.
How long will it take the Ninth Circus to overrule this?
A state can't pass a law that negates the Bill of Rights. Homosexuality is not in the Bill of Rights, but free exercise of religious beliefs is.
The many thousands of years of Judaeo-Christian theology is clear on the matter. Moses, David, Jesus, and Augustine all knew The Law. The baker knows The Law.
At least in this particular case, for once a judge didn't rush to judgment.
Sometimes I think the only alternative is to figuratively bake a lousy or inedible cake.
Considering that 78% of Lesbians are Morbidly obese it might be dangerous to deny them goodies.
Is about time a proprietor right to refuse service to anyone for any reason be respected
I know. Damn, this type of thing makes me feel the grip of an unconstitutional government.
It is not shocking to respect the right of a proprietor to refuse service to anyone for any reason they deem fit
That judge will almost certainly be removed from the bench after issuing a correct ruling.
***** If her posted price for a fag cake is $100,000 and they pay it, she should make the cake. after the price is paid. *****
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