U.S. Supreme Court Throws Out Gay-Bias Finding Against Baker

[Jedi Guy]

67. I'm not arguing the morality of not selling to a buyer because of their sexual orientation.

I think it's absurd that anyone cares enough to decline to serve a client because of that client's sexual orientation, perceived or otherwise. So I'm not arguing that the baker is right to decline to sell the cake to a same-sex couple. It's ass-backwards that a businessperson, who is ostensibly in the business of making money, would turn away money like that.

I can't imagine that God would say, "Okay, you're in, welcome to Hea-... hang on, you baked a cake for a gay couple's wedding? Never mind, off to Hell with you." So the faith-based reason to turn away the client is just kinda silly, and I say that as someone who was brought up in a very, very religious family. If the Almighty would have any opinion at all on the matter, it comes to me that the preference would be to do one's very best to make the couple feel special. Do unto others, and all that.

Anyway, what I'm arguing is that the design and creation of a wedding cake is art, just as much as a song, a painting, or a book. A wedding cake is more a work of art than a "good." A sheet cake from your local grocery store is a good. The only resemblances it bears to a wedding cake is that they use some of the same ingredients and that it's meant to be eaten. The same kind of skill and talent required to paint a picture is required to design and create a wedding cake, or at least a wedding cake that people are willing to drop hundreds of dollars on.

I feel like you didn't really read what I actually wrote on this part. The client owns the cake, in the sense that they can eat it, freeze it, or spill it on the floor, as they like. I'm not arguing that they don't. The design of the cake is, in the case of my wife's establishment, owned by the establishment. The client owns the cake; they do not own the art that is the cake. The establishment can use images of the cake to advertise their business, and the client cannot decline to allow such use. It's in the contract that the client(s) must sign for their event to go on.

Edited to add: And if the buyer of a purse wants to eat it, then they should damned well be able to do so. I'd consider them crazypants for doing so, but oh well.