Colorado cake clash controversy

No, that “bake me an anti-gay cake” guy in Denver has no legal case. Now back to real issues [Volokh, our coverage of conflict between bake-my-cake lawsuits and individual liberty]


  • “Because I don’t want him to” does not seem to be sufficient reason, though.

    I love how everyone is sniffing about “obvious but unintended consequences” of Hobby Lobby, and ignores the obvious but unintended consequences of the various “photographers must photograph, bakers must bake” court decisions.

  • I support same-sex marriage. In fact, I’m in a same-sex marriage!

    That said, I would have baked the guy his cake, and taken his money, and had a good chuckle over it.

  • What still makes no sense to me is this:

    As I remember the photography case in NM, the state did not allow/recognize gay marriages, and at the time of the original incident NM also did not recognize civil-unions in the state. How could a non-judicial, non-legislative body (NM’s Human Rights Commission) effectively create an anti-discrimination law (I.e., their ruling in the Elane Photography case) for something that legally did not exist? [Please note that I did NOT say “illegal”, I said “legally did not exist”.]. And how did that decision not violate the Constitutional freedoms of expression and association (both of which may also apply in this CO case)?