Declining to make a same sex wedding cake is not discriminatory

Posted on February 12, 2018 
Filed under Culture wars

“A recent decision by a California Superior Court Judge holds that a bakery cannot be required by discrimination law to make a same sex wedding cake, where the owner has a religious reason for declining to do so. In Department of Fair Employment and Housing v Cathy’s Creations Inc(Cal Sup Ct, Kern Cty; BCV-17-102855; Lampe J, 5 Feb 2018) Judge Lampe refused an injunction against Cathy Miller, proprietor of Tastries Bakery, which would have required her to create a wedding cake for the same sex wedding of Mireya and Eileen Rodriguez-Del Rio. The basis for the decision was the free speech clause of the First Amendment to the US Constitution, the judge holding that creating a wedding cake was a constitutionally protected form of “free speech”.

The decision is possibly subject to appeal, and it is not, of course, binding on Australian courts. But it provides an excellent example, in my view, of how the case can be made for protecting the free speech and religious freedom rights of small businesses involved in the artistic creation of items designed to celebrate same sex weddings. …”

– Neil Foster writes at Law and Religion Australia.