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Thus, if state law regulated the size, ingredients, or processes for the creation of commercial cakes, we would not subject such regulation to any stringent judicial review simply because, say, a particular baker were to assert that using a particular dye or a particular kind of oven were essential to creating the exact cake masterpiece he sought to produce, just as a law limiting the size or contours of buildings would not abridge the free speech rights of an architect even if the… [read post]
20 Sep 2017, 4:15 am by Edith Roberts
Colorado Civil Rights Commission, which stems from a baker’s refusal to create a wedding cake for a same-sex couple, “would not only undermine the marriage equality protections in Obergefell and weaken statutes combatting anti-LGBTQ discrimination, but it would also authorize a much broader ‘religious exemption to civil rights laws that could allow discrimination’ based on gender, nationality, race and other grounds. [read post]
19 Sep 2017, 4:08 am by Edith Roberts
” At Dorf on Law, Eric Segall argues that the baker’s “speech claims cannot be satisfactorily resolved on the present record, and therefore the Court should not resolve [them]. [read post]
15 Sep 2017, 7:24 am by Mary Bonauto
But inherent in the cake, the cakeshop says, is the baker’s personal message that a marriage has occurred and should be celebrated, something that is sacrilegious to him in the case of same-sex couples’ marriages. [read post]
15 Sep 2017, 4:17 am by Edith Roberts
Colorado Civil Rights Commission, which asks whether the First Amendment prevents a state from requiring a baker to create a wedding cake for a same-sex couple, maintaining that “it would be a fundamental mistake for the court to hold that the baker’s artistry exempts them from anti-discrimination law. [read post]
14 Sep 2017, 3:27 pm by Eric Rassbach and Hannah Smith
It follows then that just as a state could not forbid bakers from baking cakes to celebrate same-sex wedding ceremonies, a state cannot force a baker to bake a cake in order to celebrate one. [read post]
13 Sep 2017, 11:24 am by Helen Alvare
In Masterpiece Cakeshop, the speaker — the baker – does not wish to be associated with – in fact, to celebrate – the inherently expressive event of a state-recognized same-sex marriage. [read post]
13 Sep 2017, 7:33 am by Eric Segall
Phillips did not want to endorse same-sex marriage by selling a wedding cake to a same-sex couple. [read post]
13 Sep 2017, 4:19 am by Edith Roberts
Colorado Civil Rights Commission, a case stemming from a devout Christian baker’s refusal to create a wedding cake for a same-sex couple, exemplifies the way in which, “[f]aced with the remarkable rise of the gay rights movement, conservative Christians have begun to push back against that argument, saying the nation’s tradition of religious liberty should shield them from being forced to endorse or participate in any way in a same-sex marriage. [read post]
12 Sep 2017, 8:21 am by Eugene Volokh
The Supreme Court will soon consider whether a Colorado law compelling a baker to bake a cake celebrating a same-sex marriage violates his First Amendment rights. [read post]
12 Sep 2017, 7:18 am by Mithun Mansinghani
Neither would the freedom of religion preclude the government from requiring a Jewish band to perform at a Christmas party, a Muslim event planner to coordinate a Wiccan ritual or a baker specializing in communion wafers to bake them for desecration at a Satanic “black Mass. [read post]
11 Sep 2017, 12:31 pm by Jamie Baker
Baker was a New Scholar presenter during the 2017 Southeastern Association of Law Schools (SEALS) conference. 7. [read post]
8 Sep 2017, 10:13 am by Erik Slobe
The DOJ stated that a "custom wedding cake is a form of expression" and "forcing [the baker] to create expression for and participate in a ceremony that... [read post]
8 Sep 2017, 5:59 am by David Lat
[ABA Journal] * The Trump administration sides with the anti-gay-marriage baker in the Masterpiece Cakeshop case that will be decided this coming Term by SCOTUS. [read post]
8 Sep 2017, 4:47 am by Edith Roberts
” In the Los Angeles Times, David Savage reports that “Trump administration lawyers joined sides with a Colorado baker Thursday and urged the Supreme Court to rule that he has the right to refuse to provide a wedding cake to celebrate the marriage of two men. [read post]
5 Sep 2017, 4:34 am by Edith Roberts
At CNN, Ariane de Vogue reports on how the Supreme Court’s recent same-sex marriage case, Obergefell v. [read post]
9 Jul 2017, 2:56 am by NCC Staff
New York (17 Apr 1905) ―Lochner, a baker from New York, was convicted of violating the New York Bakeshop Act, which prohibited bakers from working more than 10 hours a day and 60 hours a week. [read post]
3 Jul 2017, 1:41 pm by Daniel Bush
And the third pits a baker who refused to make a gay couple a wedding cake on religious grounds against a Colorado anti-discrimination law. [read post]
2 Jul 2017, 8:40 pm by Dale Carpenter
Ct. at 2605; id. at 2593 (“The petitioners in these cases seek to find that liberty by marrying someone of the same sex and having their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex. [read post]
28 Jun 2017, 9:01 pm by Joanna L. Grossman
Colorado Civil Rights Commission, involving a baker in Colorado (he prefers the term “cake artist”) who refused to make a cake for a same-sex couple’s wedding, citing religious objections. [read post]