Page 3 - Cake Maker News Today

The court here has upheld the bakers right to refuse to make that custom cake for that same sex couple. now, again, this opinion has just come down. our crew is parsing through all of the language here, but this is an opinion that has been written by justice anthony kennedy. and, of course, youll remember that justice kennedy was also the justice that drafted the majority opinion in obergafel. so going back to some of the facts of this case, this was a case out of colorado, where same sex couple...

Expecting out of this. this is a very narrowly written majority opinion about -- >> yes. >> about how the colorado civil rights commission treated, that it in the courts eyes treated the cake maker with anamous. but this isnt leaving all of the doors open. >> it is not leaving all the doors open, but i think the typical case is not going to include the kind of fact specific claim on which the court relied today. i think what is really important to take away from the ruling is, yes, jack philips ...

There, lawrence, because its your beat. lets talk about this story about the cake maker who says this is an expression of free speech for him. at least this is what hes been saying in interviews. and that hes decided, therefore, he does not have to make a cake -- he did not have to make a cake because its part of his creativity, his free speech, in relationship to the same-sex couple wanting him to create something. how does that fly and where do we sit on this case? >> well, after this oral arg...

Contradictory concerns against the colorado baker refusing to make a cake for a gay couple. the doesnt believe in same-sex marriage and shouldnt be forced to participate in one in any form. lawyers for the couple said the baker clearly violated the states anti-discrimination laws. ariane, it sounds like justice kennedy is torn. >> he is in the middle and he did seem torn. keep in mind, jack phillips, hes making this free speech argument. he says his cakes are his artistic expression and shouldnt...

No less than five rights. its an amazing piece of the constitution and the bill of rights. two of those is the freedom of free speech. and of course the free exercise clause which protects our right to practice whatever religion we want. and you see it right there. several rights contained in there. but you see the language prohibiting the free exercise of religion. and abridging the freedom of speech. the cake maker in this case is saying the first amendment and his free expression of religion ...

>> so what are the arguments now for and against phillips, the bakery owner? >> creating the cake is speech. and its also compelled speech in violation of the free exercise clause. forcing him to take a position adverse to his own religious beliefs. if youre the state of colorado or the couple, the argument is simple. this is not speech. if it is speech, its the speech of the couple buying the cake. and not the cake maker who put this fondant and the icing on the cake. hes only providing a servi...

Outside its commission work to create some sort of free speech of painting. its basically asking -- the way the cake maker sees it, its being asked, commissioned, to create a work of art. imagine if you were a black baker and someone came in and asked you to make a flag with a confederate flag on it. its an analogy. no analogy is perfect, but it is something that is sort of a similar argument. >> it would seem to me, danny, that this action may, in part, come down to whether we view, you know, c...

>> all right, i got to ask you, whos going to eat cake, about the other profile case before the supreme court. walk us through this. the colorado baker who refused to prepare a wedding cake for a same sex marriage. >> thats right. youve stated the facts. what the issues are before the court are really they boil down to this. is an artistic cake makers words or expressions that are the final product of the cake, are they the speech of the cake maker or the speech of the couple that asked for the ...

Rainbow flag cake, then i think the cake makers a stronger grounds for refusing to make it. however, if the cake maker refused to make any cake whatsoever, irrespective of what the design was for a gay couple, then i think it becomes tougher to defend. >> mr. french, your rebuttal. >> well, yes, the key question is are you being asked to create a custom cake. in other words, to use your artistic ability. if the answer is yes youre being asked to create a custom cake, then youre being asked to us...

Taking up a religious liberty case out of colorado. they will hear the case of a colorado cake maker who refused to make a cake for a same-sex couple. a victory for a church in missouri that will be able to get state funding for a playground. really a mixed bag. the headline, the travel ban, parts of it will go into effect. a semiwin for the president. >> final thoughts. >> the real big story is the dog that didnt bark. justice kennedy is a dog. hes a very distinguished plan. he did not announce...