Cake baking and the 13th Amendment.

[Homebrew]

http://www.americanthinker.com/2014/01/ ... _bake.html

If Walmart, Sears, or any other retailer denied a gay couple the ability to purchase something that had been mass-produced, even if it was to be used for a wedding, nearly all Americans would agree that such a denial would be discriminatory. On the other hand, the cases that have gone to trial, and have had a judge find in favor of the plaintiffs, have been based on a refusal by the defendant, not to sell a mass-produced product, but rather to perform a personal service. The baker would have to personally bake and decorate a cake. The florist would personally have to arrange flowers. The photographer would personally have to take the photographs of the plaintiffs' wedding and possibly reception. In all three cases, the labor would have to be performed personally by the defendants against their clearly stated will.

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I think that this is a finer distinction than what was discussed earlier. The distinction should be, if a bakery sells ready to purchase cakes, then it should simply sell them to anyone with the cash; however, when it comes to specialty-order cakes that involve the baker's particular attention to design, bake, decorate, and deliver ... then the baker should be allowed to refuse, much as a photographer should be able to refuse.