The Neanderthals posting in this thread likely don't know that there is a long history of the Bible being used to justify slavery, segregation, lynchings and marital rape. Hopefully they aren't headed to Bubba Gump's tonight because, as we all know, eating shrimp like rabbit, is an abomination. And God forbid if you wear a woolen sweater under your linen jacket. Eternal damnation! |
Enjoy the photos - tell me this isn't an art: https://www.google.com/search?q=wedding+cake+art&biw=1067&bih=849&tbm=isch&tbo=u&source=univ&sa=X&ei=z6idVaCsJMmjNqrClugJ&ved=0CCQQsAQ |
Clearly you know nothing about federal copyright laws, ASCAP blanket licenses or royalty fees. Other than that you plainly hit it out of the park. |
And that is a-okay because you don't have a business that is open to the public selling cobbler (but only to some people). |
| Um no, a cake is a product for sale to the public. When you can copyright your cake...then this argument might work. |
It's not an art. Creative expression ends when you are making something for another person's taste. It is a service. Hairdressers also perform a service-- they create a cut based on the client's wishes. Just because bakers have trained to create with their hands doesn't mean they are artists-- the intent is not the same as art. |
Whether or not it's art is irrelevant. You could argue that the food served at lunch counters in the South in the 60's were art too. I once had a chef tell me that he couldn't serve my kid's Bison burger without the tomato slice because his cooking was "art" and needed to be appreciated in it's "original form". If a gallery sold sculptures, and someone came in to buy one at the advertised price, but was turned away because of their religion, that would be discrimination and it would be illegal. If a designer sold dresses, and someone came in to buy one at the advertised price, but was turned away because of their race, that would be discrimination and it would be illegal. Once you offer something for sale in your business, you lose the right to discriminate against certain buyers. In Oregon, sexual orientation is one of the classes that is protected against this discrimination. |
Slight addition to my earlier argument: fighting this battle brings out the worst in people, as evidenced by this thread. |
| This is dumb. If you don't want to bake a cake for a protected class of people, then don't open a bakery. |
That's where there is disagreement. Homosexuals are not a federally protected class, although local laws are more of a patchwork. And many people who find their behavior deeply troubling don't think they should be a protected class. Imagine being forced to rent a room in your home to a gay couple of you disapprove of gay sex. And unlike race, which is inherited and immutable, the evidence is still out on homosexuality. While it may be the way it is for some, there is no doubt that others choose that lifestyle. |
The complaint wasn't made under federal law. The bakery is in Oregon where sexual orientation is a protected class. Whether or not people think it should be, it currently is. The bakery had an obligation to follow the current law. Renting rooms in your own home has long been an allowable exception to fair housing law, under what's called the "Mrs. Murphy exemption", so your example is highly flawed. |
True, and it really needs to be nipped in the bud before we have anti-gay stylists refusing to perform esthetic services for two brides on their wedding day, or an anti-gay haberdasher refusing to outfit two grooms. It is 21st century "No blacks allowed," and some people just aren't getting it. |
You could not be more wrong about this. |
This would come under"obscene." |
And the baker sold baked goods in the shop to the same individuals. Race and sexual orientation are different. A dress designer should be forced to design a dress for a transvestite? No. Muslims were allowed to turn away gay individuals who wanted wedding cakes. I've brought that up numerous times and it's been ignored. Wonder why? Because y'all consider Muslims a protected class too and now are completely perplexed as to which side to take. It's laughable. I really REALLY want y'all to win though, because you will be forced to design t-shirts for the Klan with the words of their choice. Or T-shirts for Muslims that say something nasty about Jews. |