Current Events > Can a baker refuse to bake a MAGA cake for a customer?

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MedzXVIII
05/15/18 1:21:52 PM
#1:


I do not see why not
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VandorLee
05/15/18 1:22:29 PM
#2:


No.
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UnknownLurker
05/15/18 1:22:52 PM
#3:


Sure, political people aren't a protected class
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But Why?
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Poiuyt
05/15/18 1:22:54 PM
#4:


Isn't religious discrimination allowed again for business owners?
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TheBiggerWiggle
05/15/18 1:23:37 PM
#5:


Yes, they can refuse.

"Dumbass" is not a protected class.
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Fam_Fam
05/15/18 1:23:42 PM
#6:


it should be illegal to make that cake
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darkjedilink
05/15/18 1:24:30 PM
#7:


Fam_Fam posted...
it should be illegal to make that cake

So, fuck the First Amendment?
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darkjedilink
05/15/18 1:25:01 PM
#8:


UnknownLurker posted...
Sure, political people aren't a protected class

Protected classes don't trump the First Amendment. Nobody should be forced to create something they don't approve of.
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Sayoria
05/15/18 1:25:03 PM
#9:


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eston
05/15/18 1:25:16 PM
#10:


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BLAKUboy
05/15/18 1:25:23 PM
#11:


TheBiggerWiggle posted...
Yes, they can refuse.

"Dumbass" is not a protected class.

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UnknownLurker
05/15/18 1:25:41 PM
#12:


darkjedilink posted...
UnknownLurker posted...
Sure, political people aren't a protected class

Protected classes don't trump the First Amendment.

This isn't the first amendment though. At all.
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But Why?
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Caution999
05/15/18 1:27:51 PM
#13:


can a Muslim bakery refuse to make a gay wedding cake?
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sktgamer_13dude
05/15/18 1:28:40 PM
#14:


Yes.

Political party isnt a protected class.
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DifferentialEquation
05/15/18 1:29:07 PM
#15:


I will regard any baker who refuses to make a MAGA cake as a traitor and a threat to the republic.
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darkjedilink
05/15/18 1:29:47 PM
#16:


UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
Sure, political people aren't a protected class

Protected classes don't trump the First Amendment.

This isn't the first amendment though. At all.

A custom cake is most definitely a First Amendment issue.
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Were_Wyrm
05/15/18 1:31:02 PM
#17:


eston posted...
Can a baker refuse to make a gay MAGA cake?

Make America Gay Again!
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JE19426
05/15/18 1:31:29 PM
#18:


It would depend on state law.
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A_Good_Boy
05/15/18 1:32:10 PM
#19:


JE19426 posted...
It would depend on state law.

Which state?
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UnknownLurker
05/15/18 1:32:13 PM
#20:


darkjedilink posted...
UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
Sure, political people aren't a protected class

Protected classes don't trump the First Amendment.

This isn't the first amendment though. At all.

A custom cake is most definitely a First Amendment issue.

How so? No one is stopping the customers from decorating the cake. The bakers just refuse to do so. This is completely different from the couple turned down for actually being gay.
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But Why?
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JE19426
05/15/18 1:35:03 PM
#21:


A_Good_Boy posted...
Which state?


Why are you asking me? I didn't make the hypothetical.
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darkjedilink
05/15/18 1:36:49 PM
#22:


UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
Sure, political people aren't a protected class

Protected classes don't trump the First Amendment.

This isn't the first amendment though. At all.

A custom cake is most definitely a First Amendment issue.

How so? No one is stopping the customers from decorating the cake. The bakers just refuse to do so. This is completely different from the couple turned down for actually being gay.

That's what I'm saying - the business owner has a First Amendment right to not make a custom cake. Your 'protected class' doesn't trump that.
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UnknownLurker
05/15/18 1:40:38 PM
#23:


darkjedilink posted...
UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
Sure, political people aren't a protected class

Protected classes don't trump the First Amendment.

This isn't the first amendment though. At all.

A custom cake is most definitely a First Amendment issue.

How so? No one is stopping the customers from decorating the cake. The bakers just refuse to do so. This is completely different from the couple turned down for actually being gay.

That's what I'm saying - the business owner has a First Amendment right to not make a custom cake. Your 'protected class' doesn't trump that.

It wasn't a gay custom cake. It was a wedding cake for a gay couple. The bakery advertised that they made wedding cakes. It's not like the cake said anything special on it.
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But Why?
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darkjedilink
05/15/18 1:45:53 PM
#24:


UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
darkjedilink posted...
UnknownLurker posted...
Sure, political people aren't a protected class

Protected classes don't trump the First Amendment.

This isn't the first amendment though. At all.

A custom cake is most definitely a First Amendment issue.

How so? No one is stopping the customers from decorating the cake. The bakers just refuse to do so. This is completely different from the couple turned down for actually being gay.

That's what I'm saying - the business owner has a First Amendment right to not make a custom cake. Your 'protected class' doesn't trump that.

It wasn't a gay custom cake. It was a wedding cake for a gay couple. The bakery advertised that they made wedding cakes. It's not like the cake said anything special on it.

A wedding cake IS a custom cake.
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uwnim
05/15/18 1:48:09 PM
#25:


darkjedilink posted...

That's what I'm saying - the business owner has a First Amendment right to not make a custom cake. Your 'protected class' doesn't trump that.

How I see it is if they wouldn't make the cake regardless of the group/class of the person who's asking, then it is completely fine since they are then objecting to the content of the cake which is a first amendment issue, if they would for some people but not others, then it is discrimination and protected class stuff applies and determines the legality of their actions.
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MedzXVIII
05/15/18 1:49:03 PM
#26:


Caution999 posted...
can a Muslim bakery refuse to make a gay wedding cake?

I wonder
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darkjedilink
05/15/18 1:49:37 PM
#27:


uwnim posted...
darkjedilink posted...

That's what I'm saying - the business owner has a First Amendment right to not make a custom cake. Your 'protected class' doesn't trump that.

How I see it is if they wouldn't make the cake regardless of the group/class of the person who's asking, then it is completely fine since they are then objecting to the content of the cake which is a first amendment issue, if they would for some people but not others, then it is discrimination and protected class stuff applies and determines the legality of their actions.

Nope. Nobody can legally be compelled to create art they disagree with.
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#28
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#29
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jmikla
05/15/18 1:51:56 PM
#30:


Baker has the birthright to self-determination and can refuse as he/she wishes without lawful penalty.
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So say we all
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uwnim
05/15/18 1:52:16 PM
#31:


darkjedilink posted...
uwnim posted...
darkjedilink posted...

That's what I'm saying - the business owner has a First Amendment right to not make a custom cake. Your 'protected class' doesn't trump that.

How I see it is if they wouldn't make the cake regardless of the group/class of the person who's asking, then it is completely fine since they are then objecting to the content of the cake which is a first amendment issue, if they would for some people but not others, then it is discrimination and protected class stuff applies and determines the legality of their actions.

Nope. Nobody can legally be compelled to create art they disagree with.

Right, that is what I am saying. If they disagree with the work itself, then it is fine. If they disagree with who it is for, then it may or may not be.
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MedzXVIII
05/15/18 1:52:18 PM
#32:


Conflict posted...
A wedding cake is not a custom cake and I find it amusing how you don't see the hypocrisy in the fact that they'd have made a wedding cake for a straight couple but not for them

Are all wedding cakes the exact same?
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darkjedilink
05/15/18 1:53:15 PM
#33:


Conflict posted...
A wedding cake is not a custom cake and I find it amusing how you don't see the hypocrisy in the fact that they'd have made a wedding cake for a straight couple but not for them

So a cake that they decorate from scratch, taking multiple days to create, isn't custom? Are you really suggesting they had a bunch of cakes pre-made in boxes in the back?
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darkjedilink
05/15/18 1:53:43 PM
#34:


uwnim posted...
darkjedilink posted...
uwnim posted...
darkjedilink posted...

That's what I'm saying - the business owner has a First Amendment right to not make a custom cake. Your 'protected class' doesn't trump that.

How I see it is if they wouldn't make the cake regardless of the group/class of the person who's asking, then it is completely fine since they are then objecting to the content of the cake which is a first amendment issue, if they would for some people but not others, then it is discrimination and protected class stuff applies and determines the legality of their actions.

Nope. Nobody can legally be compelled to create art they disagree with.

Right, that is what I am saying. If they disagree with the work itself, then it is fine. If they disagree with who it is for, then it may or may not be.

Nope.
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darkjedilink
05/15/18 1:54:18 PM
#35:


MedzXVIII posted...
Conflict posted...
A wedding cake is not a custom cake and I find it amusing how you don't see the hypocrisy in the fact that they'd have made a wedding cake for a straight couple but not for them

Are all wedding cakes the exact same?

Apparently.
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#36
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#37
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eston
05/15/18 1:56:32 PM
#38:


I think what he's saying is that there isn't anything about a gay wedding cake that makes it intrinsically different from a straight wedding cake. I mean unless they wanted a bunch of gay stuff on it, obviously. It doesn't seem like it should be all that relevant to the baker.
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uwnim
05/15/18 1:56:38 PM
#39:


darkjedilink posted...
Conflict posted...
A wedding cake is not a custom cake and I find it amusing how you don't see the hypocrisy in the fact that they'd have made a wedding cake for a straight couple but not for them

So a cake that they decorate from scratch, taking multiple days to create, isn't custom? Are you really suggesting they had a bunch of cakes pre-made in boxes in the back?

That is made to order. If a cake place has say a basic design catalog and someone picks a cake out of it without making changes, then it wouldn't be a custom cake.
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MedzXVIII
05/15/18 1:56:43 PM
#40:


Conflict posted...
jmikla posted...
Baker has the birthright to self-determination and can refuse as he/she wishes without lawful penalty.


Too bad the law doesn't agree with you

MedzXVIII posted...
Conflict posted...
A wedding cake is not a custom cake and I find it amusing how you don't see the hypocrisy in the fact that they'd have made a wedding cake for a straight couple but not for them

Are all wedding cakes the exact same?


Are all cakes the exact same? This isn't an argument. The bakery advertised that they make wedding cakes as already pointed out

So they only sell one style of wedding cake?
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#41
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#42
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Cal12
05/15/18 1:57:58 PM
#43:


You cant be compelled to decorate the cake if I understand the ruling about the gay cake issue in Colorado. You just cant refuse to sell them a cake because they are gay.
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darkjedilink
05/15/18 1:59:11 PM
#44:


Cal12 posted...
You cant be compelled to decorate the cake if I understand the ruling about the gay cake issue in Colorado. You just cant refuse to sell them a cake because they are gay.

They didn't refuse to make them a cake. They refused to decorate it as a wedding cake.
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MedzXVIII
05/15/18 1:59:29 PM
#45:


fenderbender321 posted...
All you have to do is tell the gay couple "sure, I will make you a wedding cake. But we only make wedding cakes with one female bride and one male groom figurines on them. Are you still interested?"

Because that way they're not refusing service directly. It's kinda stupid how all these anti-discrimination laws really do is just make it so that you have to be crafty in how you refuse service. As such, they really don't do anything effective toward combatting discrimination.

what if they want the cake to say happy gay wedding or something?
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#46
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eston
05/15/18 1:59:55 PM
#47:


fenderbender321 posted...
All you have to do is tell the gay couple "sure, I will make you a wedding cake. But we only make wedding cakes with one female bride and one male groom figurines on them. Are you still interested?"

Because that way they're not refusing service directly. It's kinda stupid how all these anti-discrimination laws really do is just make it so that you have to be crafty in how you refuse service. As such, they really don't do anything effective toward combatting discrimination.

Generally you order the toppers from a catalogue and they have a whole variety of options including same sex, so this wouldn't make much sense unless they just want to give every customer way fewer options.
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#48
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#49
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darkjedilink
05/15/18 2:00:20 PM
#50:


eston posted...
I think what he's saying is that there isn't anything about a gay wedding cake that makes it intrinsically different from a straight wedding cake. I mean unless they wanted a bunch of gay stuff on it, obviously. It doesn't seem like it should be all that relevant to the baker.

Two dudes at the top is intrinsically different.
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