by Dr. D ~ December 9th, 2013
(Photo credit: Wikipedia)
A judge has ruled against a Colorado baker who refused to make a ‘wedding cake’ for a same-sex ceremony because of his religious convictions. Here’s the story from the AP:
A baker who refused to make a wedding cake for a same-sex ceremony must serve gay couples despite his religious beliefs or face fines, a judge said Friday.
The order from administrative law judge Robert N. Spencer said Masterpiece Cakeshop in suburban Denver discriminated against a couple "because of their sexual orientation by refusing to sell them a wedding cake for their same-sex marriage."
The order says the cake-maker must "cease and desist from discriminating" against gay couples.
Response: I doubt that this is the last we will hear of this case. It is the position of the baker and his legal counsel that he wasn’t discriminating against homosexuals per se since he had consistently sold products to homosexual customers in the past. He declined in this case for religious reasons, not wanting to be so closely involved in making a cake for a same-sex ceremony which violated his Christian beliefs.
The judge in this case totally ignored the religious issue and the religious rights of the baker contending that it was all about discrimination and contended that supporting the civil rights of the same-sex couple was in the interest of society:
"At first blush, it may seem reasonable that a private business should be able to refuse service to anyone it chooses. This view, however, fails to take into account the cost to society and the hurt caused to persons who are denied service simply because of who they are."
There are a number of similar cases all around the country where photographers, florists and printers have declined to be involved in same-sex ceremonies and marriages. So far the legal cases seem to be going against the religious rights of the business owners. The most famous being the case in New Mexico where the state Supreme Court specifically ruled against the religious rights of a Christian photographer. That cases is headed for a federal appeal and maybe destined for the SCOTUS before it is all over.
Nevertheless, if the present trend continues, like in this case, than a legal precedence could be established that supports the civil rights of homosexuals over and above the religious rights of business owners. This would put Christian business owners in a position that would force them to either compromise their religious convictions and conscience or go out of business entirely. Probably not a situation that the writers of the Constitution ever considered or thought possible when they penned the First Amendment. *Top
HT: The Blaze