Potential Outcomes in Supreme Court Wedding Cake Case

[Stan]

Next Tuesday, December 5, the U.S. Supreme Court will hear arguments in a difficult case that pits the free exercise of religion and free speech rights of a wedding cake maker against the anti-discrimination rights of a same-sex couple. The couple demands the cake; the baker refuses because he thinks he will be sinning. The question is – can the state of Colorado make him bake the cake?

The post Potential Outcomes in Supreme Court Wedding Cake Case appeared first on ReligiousLiberty.TV - Celebrating Liberty of Conscience.

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[Gregory Matthews]

That article can be found at: http://religiousliberty.tv/potential-outcomes-supreme-court-wedding-cake-case.html

The article is instructive as to the basic legal issues that are involved in this case.  E.G. Is this actually a case involving religious freedom, or is it a case of free speech, or is it a case of the applicability of Colorado law vs. Federal law  and what are the probably consequences of the manner in which the Court decides this case?

I advise any person interested in this area of law to read the article.  I have done so and at this moment the questions that it asks I consider to not have easy answers and I am uncertain as to what those answers should be.

 

[Gregory Matthews]

The following is another analysis of this case that I find to be of value:

http://www.christianitytoday.com/news/2017/december/supreme-court-masterpiece-cakeshop-christians-gay-weddings.html

 

[phkrause]

Here's another article on a similar case!!

Judge David Lampe rules for Tastries Bakery, owner Cathy Miller can continue to refuse to make same-sex wedding cakes

http://www.bakersfield.com/news/judge-david-lampe-rules-for-tastries-bakery-owner-cathy-miller/article

[Gregory Matthews]

The Tastries Bakery is not over.  It has not yet gone to trial and it is scheduled to go to trial.  The ruling of the judge protected the right of Tasties Bakery to continue to refuse to bake such cakes prior to going to trial.

Further, this judge seems to be telling the lawyers that he sees the creation of a wedding cake as a protected artistic expression which differs from simply selling a wedding cake absent any artistic expression.

Therefore, it appears that the defendant could receive a favorable ruling that would not apply to other situations in which a bakery was asked to sell a wedding cake.

On this basis one can only wait for a trial, which could result in an immediate dismissal and therefor some limitations as to precedent.