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Originally Posted by spence
Sorry guys, I had a quick jump to San Francisco late last week immediately followed by an interview in Detroit yesterday.
TDF Not sure that's a good analogy.
A wedding cake for the most part is a commodity item. Sure there are basic ones and fancy ones but it's a generally accepted service that vendors provide to the community. I'm not aware of any provision that you actually have to be getting married to order a wedding cake.
A glass swastika would be a one off special request and an odd one at that. I've been to Nebe's shop recently and while there are various vases, bowls, ornaments, paperweights and other non-functional yet beautiful things they all have a generally accepted artistic or functional purpose and are standard offerings of his business or any other glass makers business.
It's not the same thing.
And all the talk about Federal Constitutional stuff here needs to be put in context of Colorado law, which specifically prohibits a place of public accommodation (i.e. a bakery) from selectively denying service based on sexual orientation.
So I'd think that if the cake they were ordering was a somewhat standard cake the vendor would be violating state law.
-spence
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Colorado law, which specifically prohibits a place of public accommodation (i.e. a bakery) from selectively denying service based on sexual orientation. "
Is there such a law? I'm not doubting you, but from what I saw, the judge did not cite a specific state law that the baker was violating. What I saw (and I may well have missed the law you are referring to) was the judge saying that the couple has the right to not be hurt for who they are. That concept seems to be at odds with the right of the Westboro Baptist Church to celebrate the death of military KIA's at their funerals. That is hurtful to the families, but judges have said that despite the hurt inflicted, they have the right to express their religious beliefs in that manner.
And if there is such a state law, one might argue that it violates the freedom of religion guaranteed to the baker by the Bill Of Rights. When there is a conflict, the United States Constitution trumps state laws.