RUFKM? Judge orders Colorado Cake Maker to serve gay couples

[rondog]

WTF did they want - a cock-shaped cake covered with fudge? We happen to have several gay and lesbian friends, damn nice folks. Got nothing against them.

[Ronin13]

Attachment 37713

THIS! Businesses still have rights... I wouldn't suggest tampering with the food or doing something like that, that could bring on civil liability- I would only say what Clark said- "Sorry guys, we are booked and cannot fulfill your order by the date specified."

[Big Wall]

That cake is going to have a high urine content.

[brutal]

Am I the only one that recalls this being discussed in a previous thread when it occurred?

[MarkCO]

It has been fought in court. He lost. This has been all over the legal blogs -- mainly about how the ACLU chose the wrong side of the fight.

That is not true either. The order was from an administrative judge in Colorado's Civil Rights Commission, not a court. He has the right to appeal and or take his issue to a court if he so chooses. I've testified in front of Administrative law judges, and while it has some of the trappings of a trial, there are some limitations.

[buffalobo]

This ruling is another step on the path...

[sniper7]

Am I stepping back in time? I thought this happened last year and a shit ton of people bought cakes from the guy to support him.

[asmo]

That is not true either. The order was from an administrative judge in Colorado's Civil Rights Commission, not a court. He has the right to appeal and or take his issue to a court if he so chooses. I've testified in front of Administrative law judges, and while it has some of the trappings of a trial, there are some limitations.

Was trying not to get into this but this is not the first time this has happened. Wedding photographers, other bakers, wedding planners, and wedding locations (go find things like Elane Photography v. Willock, etc.) have all been targeted by a few idiots with chips on their shoulders and an agenda. The various cases have been going through various stages of court proceedings -- all coming with the same outcomes, all relying on anti-discrimination laws of the 50-70s as their fundamental basis - bolstered by various individual state laws.. The reason why it was an administrative law judge that ruled in this case was due to state law that is being claimed to be violated here (and the infancy of this particular case) - Colorado law prohibits places of public accommodation from discriminating on the basis of, among other things, sexual orientation. If you allow the public into your place of business - or are providing a service to the general public (individually or en masse) then you are a place of public accommodation.

Go read the ACLU briefs, they are quite insane in that it shows just how far out of whack we really are when it comes to 'free markets'.. then go read Employment Division v. Smith and see why the various 'bigots' in these cases are loosing.

The ruling on the Hobby Lobby case by SCOTUS is going to have some impact here since they are all arguing on the same basic grounds: First amendment free exercise protections.. Its not an exact match-up, but there will be some interesting fall out from it as it applies to the cases like the ones above.

[asmo]

If you want to read Eugene Volokh's take on a similar case then go read: http://www.volokh.com/2012/11/02/ami...tography-case/ or for a more general set of discussions on the case: http://www.volokh.com/tag/elane-photography-v-willock/

Note that in this case Volokh's arguments were largely ignored in the rulings.. But the case isn't over yet.

[spideyar]

My best man at my wedding is gay. My wife and I both know and enjoy the company of several gay and lesbian couples. However..

Wedding cakes bakers and photographers are, at their sheer essence, artists to at least a certain degree. They are trying to capture the spirit of the couple on their 'big day'. I would fully expect an artist to have the ability to say "Sorry fellas, I am unable to do a cake that is YOU" without it being discriminatory. And if you don't think photogs and cake makers aren't artists, see some of of the really cool creations some of these men and women have.

Last thought. My wife and I both ride motorcycles. My wedding ring looks like a motorcycle tire in fact and I bought her a new motorpickle for her 1-year anniversary present. Heading into our wedding day, we found a cake maker who was willing to use our own molds that we provided to create a chocolate motorcycle wrap around the cake. If they had said "We can't do cakes with motorcycles on them because we are against them" we would have moved on to another place that was happy for our business and willing to do what we wanted for our wedding day. It wouldn't have been a matter for the courts. I understand motorcyclists aren't a protected class, but hopefully you get the gist.

Oh, and for the record, we still have some of the motorcycle cake decorations saved in our freezer 5-1/2 years later.