« previous next »
Pages: [1] 2 3 4 ... 7   Go Down

Author Topic: Kern County judge rules against State of California in case against Tastries Bakery  (Read 7238 times)

0 Members and 1 Guest are viewing this topic.

Offline Suppressed

  • Hero Member
  • *****
  • Posts: 12,921
  • Gender: Male
    • Avatar
Kern County judge rules against State of California in case against Tastries Bakery
« on: February 06, 2018, 09:08:55 pm »
Kern County judge rules against State of California in case against Tastries Bakery
by Eyewitness News staff      Monday, February 5th 2018
http://bakersfieldnow.com/news/local/kern-county-judge-rules-against-same-sex-couple-suing-tastries-bakery

[...]

The ruling stated California could not force the Bakery's owner, Cathy Miller, to make cakes that would go against her beliefs.

The court document also stated that Miller provided the couple with an alternative means to obtain a cake by going to another establishment. The document shows Miller had entered into an agreement with a competitor to refer same-sex couples to them instead.

The ruling stops an injunction that would have prevented the bakery from continuing to deny service during the case.

[...]
Logged
+++++++++
“In the outside world, I'm a simple geologist. But in here .... I am Falcor, Defender of the Alliance” --Randy Marsh

“The most effectual means of being secure against pain is to retire within ourselves, and to suffice for our own happiness.” -- Thomas Jefferson

“He's so dumb he thinks a Mexican border pays rent.” --Foghorn Leghorn

Offline Suppressed

  • Hero Member
  • *****
  • Posts: 12,921
  • Gender: Male
    • Avatar
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #1 on: February 06, 2018, 09:13:10 pm »
@Jazzhead @Oceander @roamer_1 @driftdiver  Apologies to those I didn't ping.  Just a few names I recall being interested in the topic.
Logged
+++++++++
“In the outside world, I'm a simple geologist. But in here .... I am Falcor, Defender of the Alliance” --Randy Marsh

“The most effectual means of being secure against pain is to retire within ourselves, and to suffice for our own happiness.” -- Thomas Jefferson

“He's so dumb he thinks a Mexican border pays rent.” --Foghorn Leghorn

Offline WingNot

  • Resident TBR Curmudgeon
  • Hero Member
  • *****
  • Posts: 7,659
  • Gender: Male
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #2 on: February 06, 2018, 09:16:58 pm »
Quote
In a statement made by the Bakery's owner, Miller says she is shocked by how fast the decision was made and feels "blessed" to have the support of her community.

No kidding.     Wasn't this the case everybody thought the judge would wait to rule on till the 9 DC robewears meet to decide the other case in WA. State?
Logged
"I'm a man, but I changed, because I had to. Oh well."

Offline roamer_1

  • Hero Member
  • *****
  • Posts: 43,756
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #3 on: February 06, 2018, 09:18:14 pm »
Thanks @Suppressed
Well, that's a small step in the right direction.
Logged

Offline txradioguy

  • Propaganda NCOIC
  • Cat Mod
  • *****
  • Posts: 23,534
  • Gender: Male
  • Rule #39
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #4 on: February 06, 2018, 09:21:53 pm »
@Suppressed great news!
Logged
The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.

Here lies in honored glory an American soldier, known but to God

THE ESTABLISHMENT IS THE PROBLEM...NOT THE SOLUTION

Republicans Don't Need A Back Bench...They Need a BACKBONE!

Offline WingNot

  • Resident TBR Curmudgeon
  • Hero Member
  • *****
  • Posts: 7,659
  • Gender: Male
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #5 on: February 06, 2018, 09:22:10 pm »
his ruling, on a motion for preliminary injunction, only leaves Miller alone until the full case comes to trial. The next hearing on the case is set for June. But Miller's attorney said he will move for dismissal of the case immediately because of the strength of Lampe's ruling.
Logged
"I'm a man, but I changed, because I had to. Oh well."

Offline Right_in_Virginia

  • Hero Member
  • *****
  • Posts: 79,794
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #6 on: February 06, 2018, 10:13:02 pm »
Miller still has a battle ahead of her, but this is an important win.  I wonder what influence, if any, this decision will have on the case before the Supreme Court.

Quote
Judge Rules Bakeshop Owner Doesn’t Have To Bake Wedding Cake For Gay Couple
Daily Caller, Feb 6, 2018, Grace Carr

***

Superior Court Judge David Lampe denied the State of California’s request for a preliminary injunction that sought to force bakeshop owner Cathy Miller to design a wedding cake for a gay couple.

“For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment,” Lampe ruled, according to a press release sent to The Daily Caller News Foundation. The injunction also posited that if Miller refused to design the cake, the state would force her to close her Tastries Bakery shop altogether.

“We are pleased that the judge recognized that the First Amendment protects Cathy’s freedom of speech,” chief counsel and Freedom of Conscience Defense Fund (FCDF) president, Charles LiMandri, said after the ruling, the press release reports. LiMandri argued in Friday’s court hearing that Miller doesn’t discriminate against same-sex couples, but refuses to use her artistic talents to express a message that conflicts with her religious beliefs about marriage.

The ruling comes after two women asked Miller to design their wedding cake and filed a complaint with the state, alleging that Miller discriminated against them on the basis of sexual orientation. They also posted about the event on social media. Following their complaint, the state launched an investigation and sought a court order to force Miller to bake their wedding cake.

“This is a significant victory for faith and freedom because the judge indicated in his ruling that the State cannot succeed in this case as a matter of law,” LiMandri said. “No doubt the California officials will continue their persecution of Cathy, but it is clear that she has the Constitution on her side.”

The cake baking incident comes after the Supreme Court announced in June that it would hear a similar case that occurred in 2012, when a baker in Denver refused to bake a wedding cake for a gay couple. Lower courts had previously ruled that Jack Phillips, the owner of Masterpiece Cakeshop had violated the state’s accommodation laws by refusing to serve a customer based on sexual orientation, according to The Washington Post.

http://dailycaller.com/2018/02/06/cake-shop-owner-wedding-cake-gay-couple/
Logged

Offline IsailedawayfromFR

  • Hero Member
  • *****
  • Posts: 18,746
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #7 on: February 07, 2018, 03:04:36 am »
Looks like Governor Schwarznegger made at least one appointment worthwhile when he selected this judge.
Logged
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Online GtHawk

  • Hero Member
  • *****
  • Posts: 18,784
  • Gender: Male
  • I don't believe in Trump anymore, he's an illusion
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #8 on: February 07, 2018, 03:11:33 am »
Quote from: IsailedawayfromFR on February 07, 2018, 03:04:36 am
Looks like Governor Schwarznegger made at least one appointment worthwhile when he selected this judge.
And I bet he's kicking himself over it now.
Logged

Offline Suppressed

  • Hero Member
  • *****
  • Posts: 12,921
  • Gender: Male
    • Avatar
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #9 on: February 07, 2018, 12:18:23 pm »
Logged
+++++++++
“In the outside world, I'm a simple geologist. But in here .... I am Falcor, Defender of the Alliance” --Randy Marsh

“The most effectual means of being secure against pain is to retire within ourselves, and to suffice for our own happiness.” -- Thomas Jefferson

“He's so dumb he thinks a Mexican border pays rent.” --Foghorn Leghorn

Online Cyber Liberty

  • Coffee! Donuts! Kittens!
  • Administrator
  • ******
  • Posts: 80,178
  • Gender: Male
  • 🌵🌵🌵
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #10 on: February 07, 2018, 01:08:34 pm »
Quote from: Wingnut on February 06, 2018, 09:22:10 pm
his ruling, on a motion for preliminary injunction, only leaves Miller alone until the full case comes to trial. The next hearing on the case is set for June. But Miller's attorney said he will move for dismissal of the case immediately because of the strength of Lampe's ruling.

In before the resident leftist labels the bakery "bigots."
« Last Edit: February 07, 2018, 01:10:00 pm by Cyber Liberty »
Logged
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed:

Offline txradioguy

  • Propaganda NCOIC
  • Cat Mod
  • *****
  • Posts: 23,534
  • Gender: Male
  • Rule #39
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #11 on: February 07, 2018, 01:42:12 pm »
Quote from: Cyber Liberty on February 07, 2018, 01:08:34 pm
In before the resident leftist labels the bakery "bigots."

@Cyber Liberty and also suddenly decides that judicial activism is a bad thing.
Logged
The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.

Here lies in honored glory an American soldier, known but to God

THE ESTABLISHMENT IS THE PROBLEM...NOT THE SOLUTION

Republicans Don't Need A Back Bench...They Need a BACKBONE!

Offline Jazzhead

  • Blue lives matter
  • Hero Member
  • *****
  • Posts: 11,593
  • Gender: Male
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #12 on: February 07, 2018, 01:45:43 pm »
While I haven't read the actual opinion,  it appears that the ruling merely denies the injunction sought by the State that would have compelled the baker to stop selling wedding cakes altogether if she weren't willing to comply with the law.    That's what I understand Jack Phillips did, on his own and not under the compulsion of a court order.   

An injunction would have raised the specter of the State forcing a businessman to stop selling a product while the legal merits of the matter have yet to be decided.   What if the court ultimately ruled in the  baker's favor - would the state have compensated the baker for all her lost business?   

This must be a great country without many real problems if this is the silly hill we all decide to die on.   Let's face it - the baker's an arsehole for not baking the cake she said she would,  and the customer's an arsehole for not just going to the competitor the baker recommended to her.   For each, it's the "principle of the thing".   Fine, let 'em fight and make lots of lawyers rich.   As I've said before, true justice would be a ruling in favor of the customer coupled with an award of damages in the amount of one dollar. 

But here, the State seeks an injunction that would compel the baker to give up valuable business.   I can't disagree with a court ruling that fends off that government bludgeon pending the resolution of the merits.   
Logged
It's crackers to slip a rozzer the dropsy in snide

Offline WingNot

  • Resident TBR Curmudgeon
  • Hero Member
  • *****
  • Posts: 7,659
  • Gender: Male
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #13 on: February 07, 2018, 01:48:40 pm »
Quote from: Cyber Liberty on February 07, 2018, 01:08:34 pm
In before the resident leftist labels the bakery "bigots."

Just like clockwork.  He has arrived.  Fly Robin Fly.
Logged
"I'm a man, but I changed, because I had to. Oh well."

Online Cyber Liberty

  • Coffee! Donuts! Kittens!
  • Administrator
  • ******
  • Posts: 80,178
  • Gender: Male
  • 🌵🌵🌵
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #14 on: February 07, 2018, 01:49:39 pm »
Quote from: txradioguy on February 07, 2018, 01:42:12 pm
@Cyber Liberty and also suddenly decides that judicial activism is a bad thing.

Just over 3.5 minutes.  Good call, @txradioguy.  Complete with concern for the business staying alive.
Logged
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed:

Offline txradioguy

  • Propaganda NCOIC
  • Cat Mod
  • *****
  • Posts: 23,534
  • Gender: Male
  • Rule #39
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #15 on: February 07, 2018, 01:52:23 pm »
Quote from: Cyber Liberty on February 07, 2018, 01:49:39 pm
Just over 3.5 minutes.  Good call, @txradioguy.  Complete with concern for the business staying alive.

He's as predictable as the sun coming up.
Logged
The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.

Here lies in honored glory an American soldier, known but to God

THE ESTABLISHMENT IS THE PROBLEM...NOT THE SOLUTION

Republicans Don't Need A Back Bench...They Need a BACKBONE!

Offline WingNot

  • Resident TBR Curmudgeon
  • Hero Member
  • *****
  • Posts: 7,659
  • Gender: Male
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #16 on: February 07, 2018, 01:55:41 pm »
Quote from: txradioguy on February 07, 2018, 01:52:23 pm
He's as predictable as the sun coming up.

I think he stalks youse two.
Logged
"I'm a man, but I changed, because I had to. Oh well."

Offline Jazzhead

  • Blue lives matter
  • Hero Member
  • *****
  • Posts: 11,593
  • Gender: Male
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #17 on: February 07, 2018, 02:17:22 pm »
I was pinged, folks.  Enjoy.   
Logged
It's crackers to slip a rozzer the dropsy in snide

Online Cyber Liberty

  • Coffee! Donuts! Kittens!
  • Administrator
  • ******
  • Posts: 80,178
  • Gender: Male
  • 🌵🌵🌵
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #18 on: February 07, 2018, 02:18:24 pm »
Logged
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed:

Offline WingNot

  • Resident TBR Curmudgeon
  • Hero Member
  • *****
  • Posts: 7,659
  • Gender: Male
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #19 on: February 07, 2018, 02:20:56 pm »
Logged
"I'm a man, but I changed, because I had to. Oh well."

Offline sneakypete

  • Hero Member
  • *****
  • Posts: 52,963
  • Twitter is for Twits
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #20 on: February 07, 2018, 02:30:45 pm »
GREAT news!

Maybe there are still some traces of freedom to still be found in America?
Logged
Anyone who isn't paranoid in 2021 just isn't thinking clearly!

Offline sneakypete

  • Hero Member
  • *****
  • Posts: 52,963
  • Twitter is for Twits
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #21 on: February 07, 2018, 02:35:28 pm »
Quote from: txradioguy on February 07, 2018, 01:42:12 pm
@Cyber Liberty and also suddenly decides that judicial activism is a bad thing.

@txradioguy

Nothing "activist" about it. He is just doing his job,which is to insure the freedom of ALL Americans to live their lives without fear as long as they aren't actually harming anyone else.

If homosexuals are free to be homosexual,and they are,then religious people are also equally free to follow their religious beliefs.

We are either all free,or none of us are free.  That's the way it works.
Logged
Anyone who isn't paranoid in 2021 just isn't thinking clearly!

Offline INVAR

  • Hero Member
  • *****
  • Posts: 11,961
  • Gender: Male
  • Dread To Tread
    • Sword At The Ready
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #22 on: February 07, 2018, 02:38:32 pm »
Quote from: Jazzhead on February 07, 2018, 01:45:43 pm
This must be a great country without many real problems if this is the silly hill we all decide to die on.
 

It's called religious liberty, freedom of speech and the freedom of association - so YES, it it IS a hill to die on.

We do not expect you to comprehend that.
Logged
Fart for freedom, fart for liberty and fart proudly.  - Benjamin Franklin

...Obsta principiis—Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people. When the people give way, their deceivers, betrayers and destroyers press upon them so fast that there is no resisting afterwards. The nature of the encroachment upon [the] American constitution is such, as to grow every day more and more encroaching. Like a cancer, it eats faster and faster every hour." - John Adams, February 6, 1775

Offline SZonian

  • Strike without warning
  • Hero Member
  • *****
  • Posts: 3,709
  • 415th Nightstalker
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #23 on: February 07, 2018, 02:55:02 pm »
Quote from: Jazzhead on February 07, 2018, 01:45:43 pm

This must be a great country without many real problems if this is the silly hill we all decide to die on.   Let's face it - the baker's an arsehole for not baking the cake she said she would,  and the customer's an arsehole for not just going to the competitor the baker recommended to her.   
The baker is NOT "an arsehole" because she never agreed to bake a WEDDING cake in the first place.  FTA: 
Quote
The conflict began in August when a lesbian couple attempted to buy a wedding cake from Tastries, but was referred instead to a competing bakery. Miller told Eileen and Mireya Rodriguez-Del Rio she couldn't complete their order because of her religious beliefs about marriage.
And yes, this is but one of many "hills to die on".  Religious freedom/freedom of association is but one of many pillars in our nation and if this one falls, won't be long until others do as well...EVERY right is worth fighting for.
Logged
Throwing our allegiances to political parties in the long run gave away our liberty.

Offline goatprairie

  • Hero Member
  • *****
  • Posts: 8,955
Re: Kern County judge rules against State of California in case against Tastries Bakery
« Reply #24 on: February 07, 2018, 03:05:04 pm »
Finally a sane California judge. A victory for the first amendment and free speech rights.
Logged
Pages: [1] 2 3 4 ... 7   Go Up
« previous next »