218.3 - And not just Kim Davis

And not just Kim Davis

By the way, Kim Davis is not the only homophobic bigot who is learning that there can be a price to be paid for bigotry.

The Colorado state Court of Appeals decision has affirmed an earlier decision by the Colorado Civil Rights Commission that Masterpiece Cakeshop in Lakewood, Colorado and its owner, Jack Phillips, violated the Colorado Anti-Discrimination Act when he declined to make a cake for a same-sex couple's wedding reception in 2012.

Phillips argued that his refusal to make the cake was based on his religious opposition to same-sex marriage, claiming he would sell the couple any bakery product except a wedding cake and so his refusal had nothing to do with the couple's sexual orientation.

The court didn't fall for it any more than the Civil Rights Commission did, stating the obvious that

the act of same-sex marriage is closely correlated to [the couple's] sexual orientation.

Jack Phillips

Nor did it fall for the claim that being unable to discriminate is a violation of his First Amendment rights. He argued that having to serve same-sex couples by making wedding cakes compels him to convey a celebratory message about the ceremony, which is similar in construct to the argument Kim Davis used and which I find utterly bizarre, particularly in a case like this. Have you ever, I mean ever, even just once in your life, looked at a wedding cake and thought "wow, the baker is conveying a celebratory message about this ceremony?" I mean, seriously, did you ever even think about the baker's opinion at all?

Phillips is not the only one to be on the losing side in a case like this. Colorado is now at least the fifth state - the others are New Mexico, Oregon, Washington, and New York - to find that laws barring discrimination based on sexual orientation do bar businesses from turning away same-sex couples and appeals to God and claims of a "right" to discriminate based on your personal religious beliefs will not make the cut.

As I said, the bigots are slowly being brought to heel. Too slowly, but it is happening.

Sources cited in links:
http://www.cnn.com/2015/08/13/us/colorado-same-sex-wedding-cake/
http://www.slate.com/blogs/outward/2015/08/13/colorado_cake_wars_decision_discrimination_is_not_free_speech.html