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Comment on Colorado Supreme Court to hear case against Christian baker who refused to make LGBTQ-themed cake

sailingbythelee@lemmy.world ⁨1⁩ ⁨year⁩ ago

Interesting article. The twist this time is that the complainant only asked the baker to make a pink and blue cake. There is no mention of any words or overt imagery, as in previous cases. The baker refused to make the cake after being told by the complainant that the cake was intended to celebrate a gender transition.

While the complainant was definitely trolling the baker, I think she has a good chance of winning since the requested cake didn’t involve any speech. The same cake made for a kids’ birthday party would presumably have been okay. It is a brilliant move to out the bigot, and I hope it eventually ends up before SCOTUS.

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Gigan@lemmy.world ⁨1⁩ ⁨year⁩ ago
If it goes to SCOTUS they’ll probably side with the baker.

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- quindraco@lemm.ee ⁨1⁩ ⁨year⁩ ago
  Reminder that siding with the plaintiff is siding with slavery, which is defined as forced labor. We’ve already lost the thread when we ask questions like “Is the cake speech?”. Unless we want to actively support slavery, we have to let people refuse to work for other people, without purity tests on said refusal.
  
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  - Gigan@lemmy.world ⁨1⁩ ⁨year⁩ ago
    If you own a business that is open to the pubpic you can’t discriminate based on certain things like sex, race, etc. I don’t think that counts as slavery.
    
    The question is whether making this cake counts as speech.
    
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    TJD@sh.itjust.works ⁨1⁩ ⁨year⁩ ago
    I agree it doesn’t count as slavery, but it’s still an infringement on people’s rights to free association and voluntary agreement.
    
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  - PizzaMan@lemmy.world ⁨1⁩ ⁨year⁩ ago
    Is forcing bakers to treat black people as regular customers slavery too? Or do you think we should return to the days of Jim Crow?
    
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  - wosat@lemmy.world ⁨1⁩ ⁨year⁩ ago
    Businesses that create custom works should be able to decide what they want to create, but they shouldn’t be able to limit who they’ll sell to.
    
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    TJD@sh.itjust.works ⁨1⁩ ⁨year⁩ ago
    Why not? Do you not believe that people have the right to free association?
    
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Blamemeta@lemm.ee ⁨1⁩ ⁨year⁩ ago
Theres an argument that since he was told what it was for, and its still custom, therefore its still speech.

Im not lawyery enough to make that argument, but his lawyer seems to think so.

In any case, the Elegant Bakery is .2 miles away, so theres an argument for targetted harrassment.

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