MAsterpiece Cakeshop v Colorodo

MAsterpiece Cakeshop v Colorodo
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  • Masterpiece Cakeshop v. Colorodo Civil Rights Commission 2018
  • We'll hear argument this morning in case 16- 111, Masterpiece Cakeshop versus Colorodo Civil Rights Commission
  • The cake is his expression, therefore it is still speech
  • If you agreee that it's speech, then why can't he refuse to sell the cake in the window?
  • Kristen Kellie Waggoner
  • He won't sell somebody a product that would otherwise sell because the identity of the customer changes the message
  • Frederick R. Yarger
  • Let's assume the couple did come in and wanted rainbow cake
  • And he says: If you're same-sex, I'm not going to provide you a rainbow cake because I don't believe in same sex marriage or I don't think rainbows belong at weddings
  • So what is the difference in treatment?
  • Yes...
  • The court's precedents make clear that the baker has the right to not bake the cake because of the free exercise of religion under the First Amendment
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