A California judge refused this week to order a baker to make a wedding cake for a same-sex couple, ruling that to do otherwise would be to trample on the baker’s free speech rights. Superior Court Judge David R. Lampe said in his Monday ruling that wedding cakes run to the core of the First Amendment. “It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage. There could not be a greater form of expressive conduct,” the judge wrote. His decision contrasts with a ruling out of Colorado, where a court ruled that a baker could not refuse to bake for a same-sex couple, arguing the state’s public accommodation law trumped that baker’s First Amendment claims. That case is now before the U.S. Supreme Court. David Mullins and Charlie Craig filed a complaint after Colorado baker Jack Phillips told them he wouldn’t create a custom cake for a party celebrating their union in 2012, because it violated his Christian faith. After feeling rejected, the couple filed a complaint with the Civil Rights Commission. As a result of the ruling, Mr. Phillips has not been making wedding cakes at all in order to appease the court’s order and not violate his faith, which has cost him a large portion of his profits. His case is currently before the U.S. Supreme Court.
And, we hope he is successful at the Supreme Court. Kudos to Judge Lampe in California for his excellent decision! Freedom of speech and expression go BOTH ways, and these bakers have every right to bake what they want for whom they want (or don’t want) without some fascist governmental body (as in the case of Colorado) telling them to support activities or individuals they don’t want to. It’s beyond ridiculous…and a clear violation of Constitution.