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Very Hot Topic (More than 25 Replies) Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner (Read 3,704 times)
A Wally in Winter
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Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Feb 9th, 2018 at 7:39pm
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For once, a Christian cake shop owner has triumphed over her LGBT bullies in court — and to top it all off, it happened in the most unlikely state: California.

The case began in August of last year, when Christian baker Cathy Miller of Tastries Bakery refused to bake a wedding cake for Mireya and Eileen Rodriguez-Del Rio, according to The Bakersfield Californian.

Unable to take no for an answer, the gay couple filed a complaint with the California Department of Fair Employment and Housing accusing Miller of violating the Unruh Civil Rights Act, a state law that prohibits discrimination based on characteristics such as sexual orientation. The DFEH bought this accusation hook, line and sinker, and subsequently filed a suit against Miller.

Now fast forward to Monday, when, stunningly enough, Kern County Superior Court Judge David Lampe sided with the Christian baker — and against the DFEH and the gay couple. The ruling was a stirring defense of religious liberty.

“A wedding cake is not just a cake in a Free Speech analysis. It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage,” he said, as reported by the Bakersfield Californian. “There could not be a greater form of expressive conduct."

Yet DFEH sought to “compel Miller against her will and religion to allow her artistic expression in celebration of marriage to be co-opted to promote the message desired by same-sex marital partners, and with which Miller disagrees,” he added.

Here’s the key, though, that differentiated this case from that of, as an example, a Christian baker refusing to sell an already baked cake to a gay couple: “(T)he cake in question is not yet baked.”

Thus, DFEH wasn’t merely “petitioning the court to order” Miller to bake a cake — it was demanding that the court force her “to use her talents to design and create a cake she has not yet conceived with the knowledge that her work will be displayed in celebration of a marital union her religion forbids.”

“For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment,” Lampe concluded.


In case you’re interested in reading Lampe’s feel ruling, you may access it here. https://www.scribd.com/document/370887819/CALIFORNIA-DEPARTMENT-OF-FAIR-EMPLOYME...
  

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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #1 - Feb 9th, 2018 at 7:58pm
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A Wally in Winter wrote on Feb 9th, 2018 at 7:39pm:
For once, a Christian cake shop owner has triumphed over her LGBT bullies in court — and to top it all off, it happened in the most unlikely state: California.

The case began in August of last year, when Christian baker Cathy Miller of Tastries Bakery refused to bake a wedding cake for Mireya and Eileen Rodriguez-Del Rio, according to The Bakersfield Californian.

Unable to take no for an answer, the gay couple filed a complaint with the California Department of Fair Employment and Housing accusing Miller of violating the Unruh Civil Rights Act, a state law that prohibits discrimination based on characteristics such as sexual orientation. The DFEH bought this accusation hook, line and sinker, and subsequently filed a suit against Miller.

Now fast forward to Monday, when, stunningly enough, Kern County Superior Court Judge David Lampe sided with the Christian baker — and against the DFEH and the gay couple. The ruling was a stirring defense of religious liberty.

[lA wedding cake is not just a cake in a Free Speech analysis. It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage,” he said, as reported by the Bakersfield Californian. “There could not be a greater form of expressive conduct."

Yet DFEH sought to “compel Miller against her will and religion to allow her artistic expression in celebration of marriage to be co-opted to promote the message desired by same-sex marital partners, and with which Miller disagrees,” he added.

Here’s the key, though, that differentiated this case from that of, as an example, a Christian baker refusing to sell an already baked cake to a gay couple: “(T)he cake in question is not yet baked.”

Thus, DFEH wasn’t merely “petitioning the court to order” Miller to bake a cake — it was demanding that the court force her “to use her talents to design and create a cake she has not yet conceived with the knowledge that her work will be displayed in celebration of a marital union her religion forbids.”

“For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment,” Lampe concluded.


In case you’re interested in reading Lampe’s feel ruling, you may access it here. https://www.scribd.com/document/370887819/CALIFORNIA-DEPARTMENT-OF-FAIR-EMPLOYME...



This just shows, again, how both the crazy Christians and the screechy queers have chosen the perfect battleground.


It’s gentle and funny because it’s about cake, and love.

Even the judge has a sense of humour. 


We can discuss matters of really serious implication, in a relatively light hearted arena.


Nicely done.
  

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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #2 - Feb 9th, 2018 at 8:30pm
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Finally some sanity from the courts on this issue.
  

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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #3 - Feb 9th, 2018 at 8:49pm
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well now they will get to see how the next court rules. if the past is any indication of future rulings I'd suggest the baker not bake a celebratory cake just yet.

  
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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #4 - Feb 9th, 2018 at 8:51pm
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Special Patrol Group wrote on Feb 9th, 2018 at 8:30pm:
Finally some sanity from the courts on this issue.



You can’t have ‘sanity’ and ‘respecting the delusions of the Sky Fairy Monks/Nuns’.


Anything bending towards the Sky Fairy isn’t sane.


Have an Eccles Cake.
  

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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #5 - Feb 9th, 2018 at 8:58pm
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Special Patrol Group wrote on Feb 9th, 2018 at 8:30pm:
Finally some sanity from the courts on this issue.



Quote:
Kern County Superior Court Judge David Lampe sided with the Christian baker


You and I know this will get bump up to the next court.
  



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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #6 - Feb 9th, 2018 at 9:01pm
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Limey. wrote on Feb 9th, 2018 at 8:51pm:
You can’t have ‘sanity’ and ‘respecting the delusions of the Sky Fairy Monks/Nuns’.


Anything bending towards the Sky Fairy isn’t sane.


Have an Eccles Cake.



Sorry, I can't seem to see the point through all the smugness. So much for being more polite.
  

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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #7 - Feb 9th, 2018 at 9:09pm
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Special Patrol Group wrote on Feb 9th, 2018 at 9:01pm:
Sorry, I can't seem to see the point through all the smugness. So much for being more polite.


Well, it’s polite to say ‘oh how sweet. You believe in fairies’.

It’s hardly smug to say ‘do you mind awfully if we predicate our various policies on the assumption that you’re a delusional moron?’



  

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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #8 - Feb 9th, 2018 at 9:10pm
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Seriously. I really have a spare Eccles cake.
  

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Re: Judge Sticks It to LGBT Activists in Special Ruling for Cake Shop Owner
Reply #9 - Feb 9th, 2018 at 11:06pm
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walkstall wrote on Feb 9th, 2018 at 8:58pm:
You and I know this will get bump up to the next court.


and that would be the 9th Circus which overturned Prop 8


  
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