[I can't believe how much time I've spent over the last couple of days reading about gay people, bakeries, wedding photographers, and wedding cakes.]
In any event, I disagree with Brooks's point about the Oregon bakery, but only at the margin. Based on my reading of the
judge's order (and the facts described in the order), I think it could easily go either way and I'd be ok with either outcome.
My view would be that if the bakery declined to make any kind of cake for the wedding, it's unlawful discrimination. But if the bakery declined to make the particular cake requested by the couple, and instead offered a generic cake, I think the bakery is within their rights to do that. The judge in this case came to the conclusion that the baker told the couple that "Respondents do not make wedding cakes for same-sex ceremonies". If that's the conclusion, I think the outcome was correct, but some very small changes in circumstances would lead to a different outcome.
In a related case, a Denver bakery was recently accused of discrimination:
In this case, I think the baker is clearly in the right in having the choice to decorate the cake that way. And that story refers to yet another bakery controversy, where the ruling said:
Quote:
Respondents argue that if they are compelled to make a cake for a same-sex wedding, then a black baker could not refuse to make a cake bearing a white-supremacist message for a member of the Aryan Nation; and an Islamic baker could not refuse to make a cake denigrating the Koran for the Westboro Baptist Church.
However, neither of these fanciful hypothetical situations proves Respondents’ point. In both cases, it is the explicit, unmistakable, offensive message that the bakers are asked to put on the cake that gives rise to the bakers’ free speech right to refuse. That, however, is not the case here, where Respondents refused to bake any cake for Complainants regardless of what was written on it or what it looked like.
My initial view of the Indiana law was that it would simply protect these issues of expression, and I support those protections. But so many people (including Dale Carpenter at the Volokh Conspiracy, whom I respect) have stated that the law would allow things like a hotel denying a room to a same sex couple, that I'm assuming my understanding of the law is incorrect, and that it's much worse than I originally thought.