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Thread: California Bakery Can Refuse To Make Cakes For Same-Sex Weddings, Judge Rules

  1. #1

    California Bakery Can Refuse To Make Cakes For Same-Sex Weddings, Judge Rules

    An attorney for a same-sex couple who were denied a wedding cake by a California bakery says they’ll continue to fight after a judge issued a preliminary injunction ruling in the baker’s favor Monday.
    Mireya and Eileen Rodriguez-Del Rio first spoke out against Bakersfield’s Tastries Bakery in August, claiming the company’s owner, Cathy Miller, turned them away when they told her they were seeking a wedding cake. At the time, Miller didn’t deny the couple’s claims, stating that her Christian faith “will not allow me to participate in things that I feel are wrong.”


    In an eight-page ruling on Monday, Kern County Superior Court Judge David Lampe said Miller could continue to refuse to make wedding cakes for same-sex couples, as such confections were a form of “artistic expression” and “expressive conduct” and therefore protected by the First Amendment.
    California’s Department of Fair Housing had been seeking an injunction that would either force Miller to prepare wedding cakes for same-sex couples, or force her to stop selling them entirely.
    Lampe denied this request, and said his decision hinged on the fact that Miller had not yet prepared the wedding cake, The Bakersfield Californian reports. It would have been a discriminatory act, however, if the cake had been on display in the shop and Miller had refused to sell it to the Rodriguez-Del Rios.
    “The difference here is that the cake in question is not yet baked,” the judge wrote. “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.”
    Miller, he added, “provided for an alternative means for potential customers to receive the product they desire through the services of another talent” when she recommended the Rodriguez-Del Rios visit a different bakery.

    More at: https://www.yahoo.com/news/californi...035822734.html
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

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  3. #2
    It would have been a discriminatory act, however, if the cake had been on display in the shop and Miller had refused to sell it to the Rodriguez-Del Rios.

    “The difference here is that the cake in question is not yet baked,” the judge wrote. “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.”
    Well that's a new twist on the cake baking controversy.
    Last edited by dannno; 02-07-2018 at 03:37 PM.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

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  4. #3
    California’s Department of Fair Housing had been seeking an injunction that would either force Miller to prepare wedding cakes for same-sex couples, or force her to stop selling them entirely.
    What does the housing department have to do with this?

  5. #4
    Quote Originally Posted by angelatc View Post
    What does the housing department have to do with this?
    It beats me, it sounds like bureaucratic overreach by a zealot.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  6. #5
    Quote Originally Posted by angelatc View Post
    What does the housing department have to do with this?
    I think the article is incorrect, it's actually the California Department of Fair Employment and Housing, which I would presume enforces the California Fair Employment and Housing Act.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  7. #6
    Quote Originally Posted by dannno View Post
    I think the article is incorrect, it's actually the California Department of Fair Employment and Housing, which I would presume enforces the California Fair Employment and Housing Act.
    But this isn't a question of Housing or Employment.

  8. #7
    Ya' know they can be put right back in the closet...

  9. #8
    “The difference here is that the cake in question is not yet baked,”
    We are dealing with some real brainchild statists here.

    He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.



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  11. #9
    I agree with this ruling. It is what I have always said. A wedding cake is not mass produced. They take days to bake and decorate. They are unique, one-off artistic expressions. It is a commissioned work of art, not a generic print of a random thing. An artist is allowed to decline a commission.

    People with deeply held convictions should be allowed to live them out both at home and work.
    #NashvilleStrong

    “I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi

  12. #10
    One of the other bakers said much the same thing in their own defense, that they would be willing to sell a gay couple a cake off the shelf, but weren't willing to bake them a special one or decorate it for them. I can't recall which one it was, though.
    It is as it should be.
    Quote Originally Posted by Andrew Ryan
    In Washington you can see them everywhere: the Parasites and baby Stalins sucking the life out of a once-great nation.

  13. #11
    A wedding cake is a commissioned piece. The artist can decline the commission.

    Wedding cakes are really big deals. Tastings, consultations, special pans, extra large freezer, meticulous and detailed decorating, delivery, set up. The traditional bride and groom things on the top are really expensive. I couldn't afford one when I got married 35+ years ago.

    It really cannot be done without participating in the celebration.
    Last edited by euphemia; 02-07-2018 at 09:03 PM.
    #NashvilleStrong

    “I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi



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