Another "religious liberty" wedding cake conundrum (user search)
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  Another "religious liberty" wedding cake conundrum (search mode)
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Author Topic: Another "religious liberty" wedding cake conundrum  (Read 1988 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: August 08, 2016, 01:23:10 AM »

If someone actually likes wedding cake so much that they want to buy one for themselves without having a wedding it is for, they truly need to seek professional help.  I mean really!  Have you ever actually savored the cake at a wedding?  At best they're edible, but between the excess of decorative frosting, that sturdiness rather than taste is the prime need of a wedding cake, and the strong likelihood that the cake itself is a minimum of two days old, if not older, means that therr is no such thing as good wedding cake.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: August 13, 2016, 12:12:07 AM »

Apologies for making assumptions.

But I really don't understand the logic behind wishing, for instance, that gay people would suffer discrimination rather than that one person who doesn't like gay people should have to set that aside and sell them a cake.

No one is compelled by the law to have a cake at their wedding celebration.  It certainly is customary, but it is not a legal requirement.  Nor does its lack imperil anyone's inherent rights.  (I don't consider freedom form being insulted an inherent right.)  Impaired access to wedding cakes is not in any way as serious a concern as impaired access to work, lodging, or freedom to travel which the Civil Rights Act of 1964 covers.

Conversely, you seek to compel specific performance, in this case the provision of a custom-made wedding cake, from someone who does not wish to provide it to that person.  Compelling specific performance is an example of a remedy in equity and said remedies are generally reserved for when remedies at law, such as the payment of monetary damages, are insufficient to resolve the situation.  Yet the person deprived of the wedding cake has not suffered economic harm and as I said before, I don't see the courts as being the place where we should deal with people being insulted.

That said, I do find a difference between a case where the baker refuses to take the order and where the baker tries to cancel the order when ey discovers that it is for a non-traditional marriage.  In the latter case, the baker is seeking an equitable remedy (rescission of a contract) and it can be fairly argued that eir laxity in finding out who is being wed before accepting the order is an example of laches that makes the desired remedy unavailable to the baker.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #2 on: August 14, 2016, 12:02:25 AM »

My point is, why should the baker care if they're selling a wedding cake to a gay person if they wouldn't care if they were selling a "regular" cake to a gay person?

We've already established that a fancy white cake is completely divorced from both the Christian sacrament of marriage and the civil contract that underlies secular marriage.

Depends on how involved the baker is with the happy couple's preparations.  Some wedding cakes are indeed rather generic affairs that could be seen as a commodity good rather than a bespoke good.  But it's not uncommon for the baker to be a bit more involved with that.  Matching the chosen color palette of the wedding. or its decorative motifs is reasonably common and thus involve the baker in more than simply providing a commodity good.

Indeed, the very reason those who seek to compel the production of wedding cakes is specifically that they are not merely interchangeable commodity goods, but rather highly personalized expressions of the wedding couple's tastes and interest for which buying one or more sheet cakes from the local supermarket simply won't do.

To me the main point is not whether the reason for not providing the cake is sensible or not.  It's whether compelling the cake to be made is being done for reasons serious enuf to warrant the use of a remedy in equity.  Wedding cake denial simply isn't at anywhere close to same level of concern as those covered by traditional civil rights legislation.

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