A Colorado man has filed a religious discrimination complaint against a Denver bakery for refusing to write anti-gay slogans on a Bible-shaped cake.
Do free speech protections still apply if the words are written in frosting?
Two years after a judge determined that a Lakewood, Colo., bakery had discriminated against a gay couple by refusing to sell them a wedding cake, another Colorado bakery is now facing accusations of religious discrimination – this time for refusing to make a cake with an anti-gay message.
When Bill Jack arrived at the Azucar bakery in Denver in March 2014 and ordered two Bible-shaped cakes, Marjorie Silva said she was happy to oblige. But when she saw the messages that Mr. Jack wanted written on the cake, she quickly decided not to go through with it.
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According to Ms. Silva, Jack pulled out a piece of paper with the phrase “God hates gays” and anti-gay passages he said were from the Bible. Silva also said that Jack wanted her to draw two men holding hands with an “X” crossing them out.
"After I read it, I was like 'No way.' " Silva told USA Today. " ‘We're not doing this. This is just very discriminatory and hateful.’ ”
Instead, Silva said she told Jack that she would make a cake with a blank Bible page so that he could draw the messages himself. She even claims she offered him frosting and a pastry bag to do so.
“I told him, ‘I’ll make you a cake any flavor and shape that you like and then I’ll give you the icing and you can write the message yourself,’” Silva told the Daily News.
But according to Silva’s account, Jack became “very pushy and disruptive,” refused to write the message himself, and said he needed to talk to an attorney.
In a statement to 9NEWS.com, a Colorado state news site, Jack said that he believed that the bakery had discriminated against him based on his creed.
He is a founder of Worldview Academy, which is a "non-denominational organization dedicated to helping Christians think and live in accord with a Biblical worldview," according to the organization's website.
Jack has filed a complaint with the Civil Rights division of the Department of Regulatory Agencies. The bakery is now under investigation for religious discrimination, and if the agency feels discriminatory acts were committed, the case could move forward to the Colorado Civil Rights Commission. A decision on the case will not be made for several months.
But Nancy Leong, a University of Denver law professor, said that she does not believe that Silva violated any laws.
"This is not a situation where a business owner denied service to somebody," Ms. Leong told USA Today. "She offered to accommodate him to the extent that she could. In fact, requiring her to write that message would infringe on her own free speech rights.”
A bakery might seem like an unlikely focus of an anti-discrimination suit. But as bans on gay marriage have fallen in dozens of states since the Supreme Court overturned the Defense of Marriage Act in 2013, purveyors of cakes in several Western states have become swept up in the same-sex marriage debate.
Colorado state law prohibits public accommodations, including businesses, from refusing service based on factors such as race, sex, marital status, or sexual orientation.
The implications of this law became apparent in 2012 when David Mullins and Charlie Craig visited the Masterpiece Cakeshop to order a wedding cake for their upcoming wedding reception. Bakery owner Jack Phillips informed the couple that due to his religious beliefs it was the store’s policy to deny service to customers who ordered baked goods to celebrate the weddings of same-sex couples. The judge ruled that Mr. Phillips had violated Colorado’s anti-discrimination law.
** Rich Lowry, Nov 30, 2014 on “Meet the Press” Sunday, National Review editor
Stop trying to make the Ferguson protests something they weren’t. And, just as importantly, stop trying to make Michael Brown, the man shot to death during a fight with police Office Darren Wilson in August, something he wasn’t.
“If you look at the most credible evidence, the lessons are really basic ... don’t rob a convenience store. Don’t fight with a policeman when he stops you and try to take his gun. And when he yells at you to stop, just stop.”
"This is not a situation where a business owner denied service to somebody," Ms. Leong told USA Today. "She offered to accommodate him to the extent that she could. In fact, requiring her to write that message would infringe on her own free speech rights.”
Isn't that pretty much what Christians have been saying when they have refused to accommodate some homo demand, and it hasn't mattered much?
I expect the baker to prevail as this doesn't involve the politically favored homos, but I'm glad Jack brought the case if only to demonstrate the confusion which results when government attempts to dictate personal standards.
Allahu Akbar" is Arabic for "Nothing to see here"~~Mark Steyn explaining the reaction of Obama, Hollande, et. al., to Muslim terror attacks.
It is about time someone did this to challenge the absurd ruling against the previous baker. Precedent has been set in that case. Let's see the Leftist Judges try and maneuver around that ruling.