Posted on 01/27/2023 5:21:42 AM PST by dennisw
A Colorado baker who won a partial U.S. Supreme Court victory in a case where he refused to make a cake for a gay wedding lost an appeal in another legal fight in which he rejected a request for a birthday cake celebrating a gender transition.
The Colorado Court of Appeals ruled on Thursday that the refusal by Jack Phillips and Masterpiece Cakeshop to make a cake requested by Autumn Scardina did not constitute free speech. The court also found it was illegal to refuse to provide services to people based on characteristics like race, religion, or sexual orientation.
“We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” said the court, which also rejected procedural arguments from Phillips.
The cake shop initially agree to make the cake but then refused after Scardina explained it was going to be used to celebrate her transition from male to female, the court found.
Phillips said the cakes he makes are a form of free speech and plans to appeal the ruling.
“One need not agree with Jack’s views to agree that all Americans should be free to say what they believe, even if the government disagrees with those beliefs,” Jake Warner, senior counsel for Alliance Defending Freedom, who represented Phillips, said in a statement.
(Excerpt) Read more at nypost.com ...
I wish the gender loonies would stop harassing this poor baker.
far too many loony lefties in Colorado
Federally created states generally have to allow “prefect religious freedom” as a condition of their existence.
Ask a court to Colorado back into a territory and make its senators and pensions vanish.
“perfect religious freedom”
The problem is forcing a person to bear false witness.
He should go to the nearest Liberal bakery and demand a Waffen SS cake.
“... it was illegal to refuse to provide services to people based on characteristics like race, religion, or sexual orientation.”
Once government could claim it had the power to tell businesses the first two, the third claim was inevitable.
“Ask a court to Colorado back into a territory and make its senators and pensions vanish.” ???
Is this from chatGPT ... ?
I remember the days when a merchants posted the sign:
We reserve the right to refuse service to anyone.
“We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” said the court, which also rejected procedural arguments from Phillips.
**************************************************************
This is what is inherently fraudulent about the American Civil Jurisprudence system and particularly lawyers. These liberal Colorado punk lawyers cannot help themselves from voting against the baker. Their law school and their parents FAILED to IMBUE IN THEM strong enough to rule on the law and precedent NOT their personal bias’s.
This is a masquerade by the lawyers on the appeals court that pretends to say “we are ruling based on law”. They clearly are not. The legal system itself is harassing this baker!
The court also found it was ‘illegal to refuse to provide services’ to people based on characteristics like race, religion, or sexual orientation.
Businesss will simply find another way to manage who they do or don’t serve. No different than how people dodge other issues. Sometimes just a matter of where you locate your business.
Whatever happened to freedom of association and the right to refuse service?
Agreed. Even if Jake "wins", the process is the punishment.
From the article it shows
"This case started the day the Supreme Court decided they were going to hear our case. It was a very busy, very crazy day at the shop," Phillips explained." and
"In the middle of all of this chaos, we got a phone call from an attorney in Denver asking us to create a cake pink on the inside with blue icing on the outside." The customer, Autumn Scardina, an attorney, requested the cake in 2017 in honor of her gender transition.
Basically, the hedonist anti-Christian Dims went after Jake with a new case as soon as the old case was headed to the Supreme Court. They knew they'd lose the old case so they started a new case.
I think this guy and Trump are vying for the “Most Lawsuits Lost” medal.
Is there a website where liberal judges at ALL levels are identified so they can be voted out?
Free speech has always been able *freedom* and *liberty* because the question about what is tolerable drives the question “who decides?”. While we all recognize the danger of yelling “fire” in a crowded space will lead to panic and injury the preference to not “bake a cake” due to the messaging has nothing to do with panic or injury. For the government to assert “it now decides” on some blurry line of “discrimination”, which can move endlessly, is the very definition of a slippery slope that is obviously a violation of the 1A.
They targeted this bakery. They made sure they blurred the line. Instead of words they used two specific colors and noted the intent. At that point it becomes compelled speech for the baker. Go to another baker. This is purely about bullying and forcing those with whom you disagree to participate in something they don’t agree with.
A biological impossibility.
And what was the purpose of revealing that other than to harass Mr. Phillips and his business?
I would simply reserve the right, expressly in the order form, for artist and religious expression in all cakes. Put a verse from the Torah about homosexuality in English and Hebrew and Latin and Arabic.
Also notify that cakes made for such events the money may be donated to de-transitioning perverts and they agree to be photographed and published on the website, thanking them for their donation to de-perverting people.
With a Hindu good luck symbol alongside the double runic S’s.
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