Is baking a Cake covered by Free Speech?

It's illegal to refuse to serve gay people

Bakers can decide what cakes to make

 Getty: Hagen Hopkins / Stringer

Jack Philipps of Masterpiece Cakeshop wrongfully refused to sell a wedding cake to a gay couple, asserts Amanda Marcotte of Salon. Baking and selling a cake is providing a service, which does not fall under free speech rules. While the design of the cake itself is entirely up to the baker’s discretion, to whom to sell his products is not. Had Philipps offered the couple a normal cake, which didn’t bear the messages of a gay wedding’s cake, he would be right. But he refused to sell any of his cakes to them outright. Refusing customers based on their identity or ethnicity is not protected by any law.

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The Masterpiece Cakeshop was entirely justified in refusing the gay couple seeking to buy a wedding cake, infers David French of National Review. When they came to the establishment, they requested a cake with rainbow colors. Jack Philipps, the baker, has the right to refuse certain designs for his cakes. They are artistic creations and he is allowed to express his art in whatever manner he pleases. He never discriminated based on identity; he didn’t refuse to sell to them. All Philipps did was to abstain from making a cake with a message that he was ideologically opposed to. That’s his right.

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