First Amendment Victory: Judge Backs Christian Baker 100 Percent
When a California judge ruled this week that baker Cathy Miller was within her First Amendment rights to refuse to make a wedding cake for a lesbian couple, it was more than just a mundane court moment.
The move signals a massive victory for conservatives who for years have battled liberals against the notion that the government should regulate free expression of speech and religion — and the reactions on social media showed it.
According to CBS News, an attorney for Miller and her shop, Tastries Bakery in Bakersfield, argued that Miller’s right to free speech is more important than any non-discrimination law.
The Huffington Post reported that the case began in August, when Mireya and Eileen Rodriguez-Del Rio walked into Miller’s shop and were refused a wedding cake.
“I am very happy to serve everything from my cases to anybody,” Miller said about her decision to not serve same-sex couples.
“But I cannot be a part of a celebration that goes against my lord and savior.”
Kern County Superior Court Judge David Lampe said Miller did not violate any laws regarding public service accommodations, as she even referred the couple to another bakery in the area.
“The difference here is that the cake in question is not yet baked,” Lampe explained in his ruling, a ringing defense of First Amendment liberties in a state that has little respect for them.
“The state asks this court to compel Miller to use her talents to design and create a cake she has not yet conceived with the knowledge that her work will be displayed in celebration of a marital union her religion forbids,” Lampe wrote.
Lampe ruled that Miller’s creations are a work of “artistic expression” and therefore are protected against the First Amendment.
This signals a major victory, not only for the U.S. Constitution, but also for Americans who believe that their faith in God is much more important than any government mandate.
It’s a battle that’s already in front of the Supreme Court.
Baker Jack Phillips, owner of Masterpiece Cakeshop, is appealing a judgment against him by the Colorado Civil Rights Commission for refusing to bake a cake for a gay wedding in 2012. The Supreme Court heard oral arguments in the case in December and is expected to rule on it in the spring.
It’s one of the most momentous of the court’s decisions this year.
It’s tragic that there needs to be a court ruling on such matters. The First Amendment is one of the most important in the Constitution, since without free speech, freedom of religion and freedom of the press, the “America” would not mean what it does.
Judge Lampe’s decision not only has the support of conservatives, but it also resonated with other Americans who may not be socially conservative, but are firm believes in the First Amendment.
Check out what some people had to say on Twitter:
Is this a forerunner of what will happen in Masterpiece? This judge saw clearly the infringement of forcing someone to create art they object to on religious grounds.
If religious liberty can win in California, it can win at SCOTUS. https://t.co/Ftai01WtbI
— Andrew T. Walker (@andrewtwalk) February 7, 2018
It isn’t about discrimination; it’s about freedom. It isn’t about sexual orientation; it’s about marriage. #cathymiller #tastries
— Conscience Defense (@FCDFtweets) February 7, 2018
We should be able to live in harmony within a community and be respectful of each other’s beliefs. ~Cathy Miller, Christian baker
— J P S (@SayNo2BigGay) February 8, 2018
One Twitter user said he supports the LGTBQ community, but stands with the First Amendment on this particular decision.
I support the #LGBTQ community whole-heartedly, but when a member of that community attacks freedom of speech and expression, that person becomes my enemy. Judge Lampe got this one right. Let the marketplace punish Cathy Miller, not the courts. https://t.co/NOSE0eNvlB
— 2blockchainz (@TheOneTrueLX) February 8, 2018
The bakers have our full and unwavering support.
Share this story on Facebook and Twitter if you applaud the judge’s decision.
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