Judge Orders Colorado Bakery to Cater for Same-Sex Weddings

[crapstang]

http://gma.yahoo.com/judge-orders-colorado-bakery-cater-same-sex-weddings-014129549--abc-news-topstories.html

A Colorado baker who refused to make a cake for a gay couple has been given an ultimatum by a judge; serve gay weddings or face fines.

Administrative law judge Robert N. Spence found Friday that Jack Phillips of Masterpiece Cakeshop in Denver, Colo. violated the law when he turned away David Mullins, 29, and Charlie Craig, 33, from his shop last year.

In his written decision, Spence ordered that Phillips "cease and desist from discriminating" against gay couples, or face financial penalties, and cited Colorado state law that prohibits businesses from refusing service based on race, sex, marital status or sexual orientation.

"At first blush, it may seem reasonable that a private business should be able to refuse service to anyone it chooses," Spence wrote. "This view, however, fails to take into account the cost to society and the hurt caused to persons who are denied service simply because of who they are."

Mullins and Craig married in Massachussets and had originally gone to Masterpiece in July 2012 because they wanted to a cake for their wedding reception in Colorado. When Phillips refused, the pair went to the American Civil Liberties Union, which filed a complaint with the Colorado Civil Rights Commission (CCRC) on their behalf.

According to the complaint, Phillips told the couple that the store policy was to deny service to customers who wished to order baked goods for a same-sex wedding, based on his religious beliefs.
Phillips told the men, "I'll make you birthday cakes, shower cakes, sell you cookies and brownies, I just don't make cakes for same-sex weddings."
The judge's decision states in its Finding of Facts that Phillips believes creating same-sex wedding cakes would be "displeasing God and acting contrary to the teachings of the Bible."

In concluding that Masterpiece Cakeshop acted unlawfully, a CCRC investigation also showed evidence that Phillips was willing to bake a cake for the "marriage" of a pair of dogs, but not for two women.
"Being denied service by Masterpiece Cakeshop was offensive and dehumanizing especially in the midst of arranging what should be a joyful family celebration," Mullins said in statement. "No one should fear being turned away from a public business because of who they are. We are grateful to have the support of our community and our state, and we hope that today's decision will help ensure that no one else will experience this kind of discrimination again in Colorado."

Nicolle Martin, an attorney for Masterpiece Cakeshop, told The Associated Press that the judge's decision was "reprehensible" and "antithetical to everything America stands for."

"He can't violate his conscience in order to collect a paycheck," Martin said.

"If Jack can't make wedding cakes, he can't continue to support his family. And in order to make wedding cakes, Jack must violate his belief system."

Phillips can appeal the judge's order, which is expected to be certified by the Civil Rights Commission next week. Martin said they are currently considering their next move.
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So, who has more right to their rights?

[Vertnut]

I wouldn't need to bake but one. They really don't want to know what I would put in that cake. I can promise you the "gay community" would never order another one.

[Tannerm]

I wouldn't need to bake but one. They really don't want to know what I would put in that cake. I can promise you the "gay community" would never order another one.

Lol.

He should be able to refuse whatever he wants... He might find it morally or religiously offensive (yep religious. Missed that part) and would rather not. A judge getting involved seems a little over top.

[Trip McNeely]

I'd give them that dookie icing, then I'd send that judge a complimentary piece.

[YALE]

What about them denying service constitutes a, "cost to society?" This guy has to win on appeal.

[Sleeper]

What happened to a private business being able to serve who they wish. Sign should read no shirt, no shoes, no gays.

btw i dont give a hoot if people are gay or not. More power to em

Now if this was a government owned bakery id understand.

[Sean88gt]

The judge is an activist, period. He doesn't belong on the bench.

Secondarily, I'd take a trip up to Weld County (one of, if not the, leading beef counties in the world) and solicit donations of bull sperm. I'd create a cake with layers made of thin membrane, similar to a waterbed, filled with said sperm, then build a cake around. When they cut in, the hilarity would flow.

[mikeb]

I guess that i'm going to take the unpopular view here, but it seems to me that the judge followed Colorado state law in his finding:

"In his written decision, Spence ordered that Phillips "cease and desist from discriminating" against gay couples, or face financial penalties, and cited Colorado state law that prohibits businesses from refusing service based on race, sex, marital status or sexual orientation."

We don't want judges making law and this one didn't.

I respect that the cake maker has religious views, but he's doing business with the public in a state where discrimination based on certain factors is forbidden. The fight about whether or not this kind of activity should be allowed belongs in the state's legislature, and that's where the cake maker should focus his efforts at making a change.

[Craizie]

I guess that i'm going to take the unpopular view here, but it seems to me that the judge followed Colorado state law in his finding:

"In his written decision, Spence ordered that Phillips "cease and desist from discriminating" against gay couples, or face financial penalties, and cited Colorado state law that prohibits businesses from refusing service based on race, sex, marital status or sexual orientation."

We don't want judges making law and this one didn't.

I respect that the cake maker has religious views, but he's doing business with the public in a state where discrimination based on certain factors is forbidden. The fight about whether or not this kind of activity should be allowed belongs in the state's legislature, and that's where the cake maker should focus his efforts at making a change.

"You're ugly. No cake for you!"

[talisman]

I guess that i'm going to take the unpopular view here, but it seems to me that the judge followed Colorado state law in his finding:

"In his written decision, Spence ordered that Phillips "cease and desist from discriminating" against gay couples, or face financial penalties, and cited Colorado state law that prohibits businesses from refusing service based on race, sex, marital status or sexual orientation."

We don't want judges making law and this one didn't.

I respect that the cake maker has religious views, but he's doing business with the public in a state where discrimination based on certain factors is forbidden. The fight about whether or not this kind of activity should be allowed belongs in the state's legislature, and that's where the cake maker should focus his efforts at making a change.

And there you have it. What it comes down to is the age old argument on if it is a choice or not, I suppose. The State has made its decision, and I can't say I disagree with it.

[Vertnut]

Didn't see anything in the law about making a nasty-ass cake, though.

[JC316]

Just think outside the box, the judge says that he has to serve them, but he can't say how much it costs.... $10,000 for a cake.

[crapstang]

Just think outside the box, the judge says that he has to serve them, but he can't say how much it costs.... $10,000 for a cake.

They'd be in a world of shit for pulling something like that.

[JC316]

They'd be in a world of shit for pulling something like that.

And? There is nothing they can do about it, last time I checked, business are free to set their own prices. "Due to the custom nature of our products, price quotes can vary on a customer to customer basis". Don't like the prices, go elsewhere.

[David]

And? There is nothing they can do about it, last time I checked, business are free to set their own prices. "Due to the custom nature of our products, price quotes can vary on a customer to customer basis". Don't like the prices, go elsewhere.

And what happens when a straight couple walks in and gets a different much lower price on the same item?