A Californian judge ruled Monday that the state could not force a pastry owner to prepare a cake for the wedding of a gay couple, saying that this would constitute a violation of the freedom to do so. ;expression.
Details of the Baker California case
Superior Court Judge David Lampe denied California State's application for a preliminary injunction to force bakery owner Cathy Miller to design a wedding cake for a couple homosexual.
"For this court to force such compliance would violate the essence of the freedom of expression guaranteed by the First Amendment," Lamp said, according to a press release sent to the Daily Caller Foundation News. The injunction also provided that if Miller refused to design the cake, the state would require him to completely close his Tastries Bakery store
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"We are pleased that the judge has recognized that the First Amendment protects Cathy's freedom of speech," said Charles LiMandri, Chief Counsel and Chair of the Freedom of Conscience Defense Fund (FCDF). LiMandri argued at the hearing in court that Miller does not discriminate against same-sex couples, but refuses to use his artistic talents to express a message that contradicts his religious beliefs about marriage.
The ruling comes after two women asked Miller to draw their wedding cake and filed a complaint with the state, alleging that Miller discriminated against them on the basis of their sexual orientation. They also posted on the event on social media. As a result of their complaint, the state opened an investigation and asked for a court order to force Miller to cook their wedding cake.
"This is an important victory for faith and freedom because the judge said in his ruling that the state could not succeed in this case as a matter of law," he said. LiMandri. "There is no doubt that the California authorities will continue their persecution of Cathy, but it is clear that she has the Constitution on her side."
The pastry incident comes after the Supreme Court announced in June that it would hear a similar case in 2012, when a Denver baker refused to make a wedding cake for a gay couple. According to the Washington Post, Jack Phillips, the owner of Masterpiece Cakeshop, had violated state housing laws by refusing to serve a client based on sexual orientation.
Reissued with permission. Original here.
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