This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
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07-04-2015, 03:38 AM
This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination. (ThinkProgress.com)

The Colorado Civil Rights Division recently ruled that Azucar Bakery in Denver did not engage in illegal discrimination when it refused to make cakes with anti-gay messages on them.

In March of 2014, Marjorie Silva, owner of Azucar, refused to make cakes that included two Bible verses: “God hates sin. Psalm 45:7″ and “Homosexuality is a detestable sin. Leviticus 18:2.” The cake design was also to include a portrayal of two grooms holding hands in front of a cross with a red “X” over them. The man who made the request, one William Jack, proceeded to file a complaint against her for discriminating against him based on his “creed” as defined by Colorado law.
A decision letter from the Division ruled in Silva’s favor. She did not discriminate against Jack because of his religious identity, but because his request included “derogatory language and imagery.” Her standard against such language is consistent across protected classes. “In the same manner [she] would not accept [an order from] anyone wanting to make a discriminatory cake against Christians, [she] will not make one that discriminates against gays,” the decision reads. “The evidence demonstrates that [Silva] would deny such requests to any customer, regardless of creed.”

As UCLA Law Professor Eugene Volokh predicted, Colorado law protects discrimination against people based on their belonging to certain classes, not based on their ideas and messages.

Consistency is a factor to assessing this, which is why Silva won, but another Colorado baker, Jack Phillips, lost his case when he refused to bake a wedding cake for a same-sex couple. Phillips never even gave the couple a chance to discuss the artistry of the cake; despite selling wedding cakes to different-sex couples, he refused to sell the same product to same-sex couples. Though he argued that his religious beliefs simply forbade him from “participating” in a same-sex wedding, Administrative Law Judge Robert Spencer found that this was just a pretext for anti-gay discrimination. “Only same-sex couples engage in same-sex weddings,” he wrote. “Therefore, it makes little sense to argue that refusal to provide a cake to a same-sex couple for use at their wedding is not ‘because of’ their sexual orientation.”

Phillips is appealing his case, and conservatives seem to reject the distinction between the two. Over the weekend, pundit Michelle Malkin stoked the idea that Silva’s victory reflected a double standard against Christians, which several other pundits seemed to agree with, including Tammy Bruce, who previously chaired the gay conservative group GOProud. Other conservative groups have yet to respond to the outcome, but when Jack first filed his complaint, they positioned themselves in support of Silva, attempting to conflate the legitimacy of her “discrimination” with Phillips’ discrimination.

Jack told ABC7 that he found it “offensive” the Bible verses were considered “discriminatory” or “obscenities,” suggesting that the Bible had been “censored from the public arena.” He plans to appeal.



Long story short; refusing to bake a cake with a discriminatory message is not the same as refusing to sell a cake at all (regardless of the content of the cake) explicitly because of the customer's sexual orientation.

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07-04-2015, 03:55 AM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
Exactly right. Refusing an individual order is not the same as refusing to do business with an entire class of people.

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07-04-2015, 08:34 AM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
(07-04-2015 03:55 AM)BnW Wrote:  Exactly right. Refusing an individual order is not the same as refusing to do business with an entire class of people.

Not only that, she still would have sold him a cake just not one with the message he wanted.

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07-04-2015, 09:44 AM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
She offered to let him do it. She offered to sell him the tools to do it well. She just wouldn't do it herself.
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07-04-2015, 12:27 PM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
The real question we ought to be asking ourselves is what sort of special occasion requires a gay-hating cake?

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07-04-2015, 12:47 PM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
I think it's odd this is even a thing.

Someone really didn't think this through.

If a bakery told a gay couple they would bake the cake for their wedding but just refused to place two grooms (or brides) on the cake and gave them the extra flowers or whatever to do themselves...they can stand by their principles and make money.

But this isn't what is happening. They are outright refusing to serve them...period.

The bakery in this case did essentially the same thing. Offered to sell them a cake but refused to spread a hate message on it. I see nothing wrong with that.


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07-04-2015, 01:01 PM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
(07-04-2015 12:27 PM)Res Publica Wrote:  The real question we ought to be asking ourselves is what sort of special occasion requires a gay-hating cake?

Attempting to reveal the imagined hypocrisy and stick it to those damn gay-loving agenda pushing liberals, all the while entirely missing the fucking point.

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07-04-2015, 01:04 PM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
(07-04-2015 03:38 AM)EvolutionKills Wrote:  Jack told ABC7 that he found it “offensive” the Bible verses were considered “discriminatory” or “obscenities,” suggesting that the Bible had been “censored from the public arena.” He plans to appeal.[/i]


Long story short; refusing to bake a cake with a discriminatory message is not the same as refusing to sell a cake at all (regardless of the content of the cake) explicitly because of the customer's sexual orientation.

The court is certainly making a solid claim that these messages from the bible are discriminatory.
Now if there is a law against books with discriminatory messages then this book can be banned. But I guess "freedom of speech" protects people's right to make discriminatory messages if they choose
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07-04-2015, 01:39 PM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
(07-04-2015 12:47 PM)Momsurroundedbyboys Wrote:  I think it's odd this is even a thing.

Someone really didn't think this through.

If a bakery told a gay couple they would bake the cake for their wedding but just refused to place two grooms (or brides) on the cake and gave them the extra flowers or whatever to do themselves...they can stand by their principles and make money.

But this isn't what is happening. They are outright refusing to serve them...period.

The bakery in this case did essentially the same thing. Offered to sell them a cake but refused to spread a hate message on it. I see nothing wrong with that.
Why are wine makers not complaining that their wine is being drunk at gay weddings?
Or furniture makers not complaining that their chairs are being sat on during gay weddings?
Or stereo equipment makers not complaining that their stereo equipment is being used at gay weddings?


What is so special about cakes?
Does the bible say that the cake makers shall be put to death if their cakes are eaten at a gay wedding?
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07-04-2015, 01:58 PM
RE: This Baker Refused To Bake An Anti-Gay Cake. Here’s Why That’s Not Discrimination.
(07-04-2015 01:39 PM)Stevil Wrote:  
(07-04-2015 12:47 PM)Momsurroundedbyboys Wrote:  I think it's odd this is even a thing.

Someone really didn't think this through.

If a bakery told a gay couple they would bake the cake for their wedding but just refused to place two grooms (or brides) on the cake and gave them the extra flowers or whatever to do themselves...they can stand by their principles and make money.

But this isn't what is happening. They are outright refusing to serve them...period.

The bakery in this case did essentially the same thing. Offered to sell them a cake but refused to spread a hate message on it. I see nothing wrong with that.
Why are wine makers not complaining that their wine is being drunk at gay weddings?
Or furniture makers not complaining that their chairs are being sat on during gay weddings?
Or stereo equipment makers not complaining that their stereo equipment is being used at gay weddings?


What is so special about cakes?
Does the bible say that the cake makers shall be put to death if their cakes are eaten at a gay wedding?

To me it's really a non-issue. Let everyone have cake.

But at the same time, winemakers aren't being asked to make wine specifically for one couple.

The maker of the chair isn't called upon to make special chairs just for a wedding.

But a cake is made to specific order.


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