California bakeries can refuse to sell cake to gay customers
In a controversial judgment, a California court has ruled that bakeries in the US state can refuse services to same-sex couples if they find it in disagreement with their religious beliefs. According to David Lampe, the Superior Court Judge of Kern County, bakers are artists, who under the freedom of creative expression entitled to them, can say no to gay customers. Here's more.
'Can't participate in a celebration that goes against my lord'
Cathy Miller, the owner of California-based Tastries Bakery, refused to take the order of a cake for homosexual couple Mireya and Eileen Rodriguez-Del Rio, because "she didn't condone same-sex marriage". She told the BBC that though she was "very happy to serve everything from my cases to anybody", she couldn't "be a part of a celebration that goes against my lord and savior".
Of protecting the freedom and ways of expression
Miller instead suggested referring their order to competitor bakery. The couple then registered a complaint with California's Department of Fair Employment and Housing. Citing the state's Unruh Civil Rights Act that bans discrimination of any kind, it ruled in their favor, arguing that the First Amendment, which upholds freedom of speech and expression, didn't apply as the couple had requested for a message-less cake.
A peculiar case, cannot be applied to every situation: Judge
However, Judge Lampe dismissed the agency's decision, saying it didn't matter whether the couple requested a written message on the cake as their marriage was the greatest "form of expressive conduct". He also cleared that the ruling was case-specific. "A retail tire shop may not refuse to sell a tire because the owner does not want to sell tires to same-sex couples."
A delicate balance: Protecting the rights of both sides
Judge Lamp called a wedding cake "an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage." He was however quick to add: "No baker may place their wares in a public display case, open their shop, and then refuse to sell because of race, religion, gender, or gender identification."
American Supreme Court to rule on a similar case
The US Supreme Court will soon give judgment on a similar case, Masterpiece Cakeshop v Colorado Civil Rights Commission. It involved a Colorado baker who evoked the First Amendment's right to free speech and exercise of religion to justify his refusing services to homosexual couples.
