This is a brilliant point. I hope this becomes the foundation of future judicial rulings on similar lawsuits.
Yes, this is a brilliant point.
I don't know how that will fly. If she's a sole proprietor then every cake in the bakery was done by her and every one could be said to be an artistic expression. So one off the rack should be no different than one special ordered, especially since the gay couple didn't request any wording or special decorations for their own cake. The judge should probably have left that part out and stuck with the simple "artistic expression" as her reason regardless of when the cake was made.