In the Supreme Court same-sex wedding case, the baker takes the cake

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"As the Supreme Court wrestled with a clash between religious freedom and LGBT rights on Tuesday, all eyes were on Justice Anthony Kennedy, who might have to reconcile two strands of his jurisprudence.The case concerns a Colorado baker who refused to make a cake to celebrate a same-sex couple's marriage because he believes that God designed marriage to be between a man and a woman."  [cnn.com]

 

 

In a general sense, I think baking's an art

Which is now the defense of a baker

Who won't recognize a gay  "Death do us part"

Though the gays were designed  by his Maker.

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  • " I think baking's an art
    Which is now the defense of a baker"

    That seems to be the new twist in this argument, which isn't strictly religious, but that "cakes are artistic creations. Forcing him to create these works of art against his wishes is like forcing a poet to write a verse; such “compelled speech,” as the legal concept goes, violates the First Amendment (New Yorker)." Thus, while I would argue that once he entered commerce, he became subject to reasonable regulation, if the Supreme Court buys the forced speech argument, I suppose that van Eyck* could be compelled to paint The Wedding of Gino and Stephano.

    So, I have to throw a hat to these lawyers for their creativity.

    *I had to look it up.

  • This is a wrestling match indeed. I wonder still why he didn't just say "I can't, but here's someone who can," the way Macy's once sent me to a kiosk in Water Tower Place instead of accepting my request to fix my watch.

  • In reply to Margaret H. Laing:

    Yours is the converse of the Tribune Editorial, which basically was he would sell them a plain cake, or they could go elsewhere. Both sides thought they had a legal principle, and so neither was about to back off. One also has to take into account that the Colorado Civil Rights Commission got involved, and basically its decision is what is being appealed. Also reading a CNN article, one has to stand on one's rights to get the Alliance Defending Freedom and the ACLU to take up the respective sides' causes.

    Reading more of the article, it looks like Justice Kagan went on to question what occupations are artistic.

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