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Baker Can Refuse to Make Cakes for Same-Sex Weddings, Judge Says
Law & Crime ^ | 2/7/18 | Alberto Luperon

Posted on 02/07/2018 1:21:24 PM PST by markomalley

A religious baker recently won in court over a same-sex couple’s wedding cake. No, this isn’t the Masterpiece Cakeshop case, but in a similar lawsuit, lesbian couple Eileen and Mireya Rodriguez-Del Rio said bakery owner Cathy Miller refused to make their order. Kern County Superior Court Judge David Lampe ruled Monday that Miller can continue to refuse service, pending the results of their upcoming trial.

The complaint stemmed from the state’s Unruh Civil Rights Act, which prohibits discrimination based on sexual orientation. Lampe said Miller’s First Amendment rights trumped the California law. In denying the couple’s motion for a preliminary injunction, he drew a distinction between cakes already on display and cakes that are commissioned by a same-sex couple.

“The difference here is that the cake in question is not yet baked,” Lampe wrote in the ruling obtained by Law&Crime. “The State is not petitioning the court to order defendants to sell a cake. The State asks this court to compel Miller to use her talents to design and create a cake she has not yet conceived with the knowledge that her work will be displayed in celebration of a marital union her religion forbids. For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment.”

He argued that Miller stands to lose more than the couple.

“The court finds that any harm here is equal to either complainants or defendant Miller, one way or the other,” he wrote. “If anything, the harm to Miller is the greater harm, because it carries significant economic consequences. When one feels injured, insulted, or angered by the words or expressive conduct of others, the harm is many times self-inflicted.”

(Excerpt) Read more at lawandcrime.com ...


TOPICS: Constitution/Conservatism; Culture/Society; US: California
KEYWORDS: bakery; homosexualagenda; lawsuit; searchcakes
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To: Sacajaweau
No reason why the baker would object.

Maybe he doesn't want to contribute to the normalization of the idea that sodomy constitutes marriage.

More to the point though is that the baker has property rights and can either sell or not sell his wares to whomever he wants for whatever reason he wants. The judge is simply wrong.

21 posted on 02/07/2018 7:12:31 PM PST by SeeSharp
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To: markomalley

Could be a trans marriage who have an issue with their religion.


22 posted on 02/08/2018 11:21:09 AM PST by keving (We the government)
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To: I want the USA back

The fang-tooth lezzies will try again in another location until they accomplish their goal of destroying anyone who has any belief in what’s right and wrong.

...

Except for Muslim bakers.


23 posted on 02/08/2018 11:23:35 AM PST by Moonman62 (Make America Great Again!)
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