Re:Amazon won't sell books framing LGBTQ+ identities as ment...
by tzs on Friday March 12, 2021 @08:55AM
(#26435813)
I think we need to pass a law that says that any news story about baking cakes has to describe the damned cakes. I have yet to see one story on that issue that does this, and it makes a huge difference.
If we are talking about pretty generic wedding cakes, where say the baker just bakes N cylindrical cakes of decreasing radius, stacks them coaxially, covers them in icing, writes the couple's first names on top, adds a few frilly but pretty standard decorations, and shoves a couple little plastic figures on top to represent the couple, and the only thing that makes it a "gay" wedding cake is writing two male names or two female names instead of one of each, and shoving in two male or two female figures instead of one of each, then yes, the baker should have to serve gay couples.
If we are talking about the kind of wedding cake that you'd get by going to a place like Charm City Cakes in Baltimore (the cake shop that was the subject of Food Network's "Ace of Cakes" series) and asking for a custom cake, where you are hiring an artist whose medium happens to be cakes, who is going to make you a unique cake where the artist is going to express their own artistic vision and interpretation of the your marriage, where the cake is very much an act of speech by the artist, then I don't think the baker should have to serve gay couples. These cakes are necessarily acts of original speech by the artist, and that should not be forced (even if the person who wants the cake is in a protected class)--the artist should be free to only create works where the artist's feelings match what the buyer wants.
If we are talking about pretty generic wedding cakes, where say the baker just bakes N cylindrical cakes of decreasing radius, stacks them coaxially, covers them in icing, writes the couple's first names on top, adds a few frilly but pretty standard decorations, and shoves a couple little plastic figures on top to represent the couple, and the only thing that makes it a "gay" wedding cake is writing two male names or two female names instead of one of each, and shoving in two male or two female figures instead of one of each, then yes, the baker should have to serve gay couples.
If we are talking about the kind of wedding cake that you'd get by going to a place like Charm City Cakes in Baltimore (the cake shop that was the subject of Food Network's "Ace of Cakes" series) and asking for a custom cake, where you are hiring an artist whose medium happens to be cakes, who is going to make you a unique cake where the artist is going to express their own artistic vision and interpretation of the your marriage, where the cake is very much an act of speech by the artist, then I don't think the baker should have to serve gay couples. These cakes are necessarily acts of original speech by the artist, and that should not be forced (even if the person who wants the cake is in a protected class)--the artist should be free to only create works where the artist's feelings match what the buyer wants.