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-CA Judge: Forcing Bakers to Make Gay Wedding Cakes Violates Free Speech

by Dr. D ~ February 13th, 2018


A California judge has ruled in favor of a baker who was sued by the state for refusing to make a cake for a same-sex wedding. Here’s the story from the Blaze:

Kern County Judge David Lampe ruled that the state could not force Cathy Miller, owner of Tastries Bakery, to bake a cake that would go against her beliefs, according to Kern Golden Empire.

     “For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment,” the judge said in the ruling.  …

Here’s more from the ruling:

     “A wedding cake is not just a wedding cake in Free Speech analysis. It is an artistic expression by the person making it that is to be used traditionally as centerpiece in the celebration of marriage. There could not be greater form of expressive conduct.” …

     “Furthermore, here the State minimizes the fact that Miller has provided for an alternative means for potential customers to receive the product they desire through the services of another talent. The fact that Rodriguez-Del Rios (the couple) feel they will suffer indignity from Miller’s choice is not sufficient to deny constitutional protection,” the judge wrote.

<Read the whole article>

Response: A surprising common sense decision that actually takes the First Amendment serious and doesn’t over-ride it in favor of the popular LGBT cause. As the judge indicates, the couple was not really harmed since alternative bakers were available. Also making special wedding cakes is a form of expression which should be covered by the First Amendment.

Nevertheless, cases like this are never really about actual harm or discrimination, they are all about establishing the supremacy of LGBT civil rights over religious liberty and the ‘politicizing’ of our judicial system.  The lawyer for the gay couple indicates that this is just the beginning. So look for this case to continue to the next judicial level.                *Top

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3 Responses to -CA Judge: Forcing Bakers to Make Gay Wedding Cakes Violates Free Speech

  1. Brian

    Here is the full text of the decision:


    Apparently, the lesbian couple had been married for almost a year, when they decided they wanted some sort of belated wedding party, and went to the bakery to order a cake. This sounds to me like an intentional act to drum up litigation and to create a claim against a Christian owned business.

    I am disturbed that this decision, and a couple of other, recent decisions, has been couched in terms of freedom of expression. Why is freedom of religion not an adequate basis to rule in favor of a baker? Is freedom of religion, somehow, a less “valuable” right than freedom of expression?

  2. Dr. D

    The fact that this case and others are being decided on the basis of free speech instead of religious freedom also bothers me. I plan on addressing that issue.

  3. -Should Freedom of Religion Cases Turn Toward Free Speech as a Defense? | ANSWERS For The Faith

    […] -CA Judge: Forcing Bakers to Make Gay Wedding Cakes Violates Free Speech […]

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