Hey! Wait just a doggone minute!
A rifle is a work of art and is therefore protected under the First Amendment!
Posted on 10/23/2022 8:47:59 AM PDT by karpov
BAKERSFIELD, Calif. (KGET) — A Kern County judge ruled Friday that Tastries Bakery owner Cathy Miller can not be forced to bake wedding cakes for same-sex couples.
Judge Eric Bradshaw found Miller’s “pure and expressive speech is entitled to protection under the First Amendment.” The baking of a Tastries wedding cake is “labor-intensive” and “artistic,” Bradshaw said in his ruling Friday.
“We applaud the court for this decision,” said Thomas More Society Special Counsel Charles LiMandri, partner at LiMandri & Jonna LLP, one of Miller’s attorneys. “The freedom to practice one’s religion is enshrined in the First Amendment, and the United States Supreme Court has long upheld the freedom of artistic expression.”
Bradshaw said state attorneys for the Department of Fair Employment and Housing failed to prove Miller intentionally discriminated against same-sex couple Eileen and Mireya Rodriguez-Del Rio because of their sexual orientation.
“The evidence affirmatively showed that Miller’s only intent, her only motivation, was fidelity to her sincere Christian beliefs,” Bradshaw said.
In the ruling, Bradshaw said the state failed to show “requisite intent” in Miller’s design standards to discriminate in how they are applied to customers — including same-sex customers.
The case stems from 2017 when Miller refused to bake a wedding cake for the Rodriguez-Del Rios.
At trial, attorneys with the Department of Fair Employment and Housing argued Miller violated a California civil rights act which says all people, regardless of sexual orientation, must be given equal services at all businesses.
Miller’s lawyers say forcing her to make wedding cakes for same-sex couples would violate her religious beliefs that marriage should only occur between a man and a woman. They also argued the creation of a wedding cake is a form of artistic expression and the state cannot force a person to create a piece of art
(Excerpt) Read more at kget.com ...
Good news. We need more of this.
I’m glad they had a win. I’m sure it will be appealed. One of these wedding cake cases needs to get to the Supreme Court.
the gays will now move on to phase 2- attack the store and cancel the store-
glad the store won though- we need every victory we can get i n the fight against the militant and violent left- Every little bit helps-
Good for Bakersfield. To hell with rump rangers.
Good for Bakersfield. To hell with rump rangers.
Congratulations Cathy Miller on winning your principled fight against The Marxist/Democrats in California.
Now, I WONDER if this case will make it’s way to the clowns on the ninth circuit.
Didn’t they already do this and Roberts said that the previous case couldn’t be used as precedent?
Hey! Wait just a doggone minute!
A rifle is a work of art and is therefore protected under the First Amendment!
I don’t recall anything getting that far. But there’s so much to keep track of & my memory is getting poor. We need a decisive ruling from the Supremes on this.
YES!
At last, an uncorrupted judge has emerged from the pile
of black robes.
Supreme Court rules for Colorado baker in same-sex wedding cake case
https://www.cnn.com/2018/06/04/politics/masterpiece-colorado-gay-marriage-cake-supreme-court
In this case it was carpet-munchers, just sayin’.
” The baking of a Tastries wedding cake is “labor-intensive” and “artistic,” Bradshaw said in his ruling Friday.
A key condition. While a product or service offered to everyone cannot be denied, an artist should not have to write a song, a picture, or create a custom clothing, or a cake which is for the expressed purpose of doing something that the artist considers to be immoral. Even if the artist is a racist who does not believe in mixed marriage. But that should be clearly stated, as are terms of service for ISPs. And it is not that same as for essential services as a selling gas. But denying a costumer a ride to rob a bank or get an abortion is another issue, if known. Then there are gray areas.
Supreme Court rules for Colorado baker in same-sex wedding cake case
Not the same as the ruling by this judge. SCOTUS, having basically made the bed that the plaintiffs wanted Masterpiece to be complicit in celebrating, mainly just said the were treated with bias.
"The court held that the Colorado Civil Rights Commission showed hostility toward the baker based on his religious beliefs. The ruling is a win for baker Jack Phillips, who cited his beliefs as a Christian, but leaves unsettled broader constitutional questions on religious liberty."
Yet if any case should have been a slam dunk case for Masterpiece it was this one. The plaintiffs essentially wanted Jack Phillips/Masterpiece to be complicit in the celebration of a union which was not only illicit based upon the supreme civil document of the state at that time (the CO constitution, by voter amendment, disallowed same-sex marriage) as well as illegal (CO did not recognize out-of-state same-sex marriages, and the plaintiffs were "married" in MA), but grossly immoral in the supreme law of Masterpiece, the Bible.
Thus while Kennedy mentioned that "the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression,” yet SCOTUS basically kicked the can down the road: "The outcome of cases like this in other circumstances must await further elaboration in the courts."
That should be settled soon, by God's grace I pray, before justices die and are replaced with libs.
https://www.cnn.com/2018/06/04/politics/masterpiece-colorado-gay-marriage-cake-supreme-court
So WHY do states keep pulling this BS?! They should be liable for legal fees. And I don’t mean the taxpayer. The imbeciles who keep doing patently unconstitutional things should pay from their own pockets!
The Left goes to the Supreme Court whenever it loses.
If the Left loses at the Supreme Court, they go to the streets.
Why not?
Well, you know, they just wanted to be left alone and all that. /sarc
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