By Kevin Daley, DCNF
Justice Neil Gorsuch finally told the truth about wedding cakes during a contentious argument about a Christian baker’s refusal to create a custom wedding cake for a gay couple planning their nuptials.
Gorsuch admitted that wedding cakes just aren’t good.
“In fact, I have yet to have a wedding cake that I would say tastes great,” he said, to laughter in the courtroom.
Gorsuch’s broader point was that some creation serves both utilitarian and speech interests. The primary purpose of cake is consumption, but it might also convey creative expression. This is true of other businesses involved in a wedding ceremony, like jewelers and dress makers. As such, he said, the Court needs to find a formula that effectively differentiates between purely expressive conduct, mixed expressive conduct, and non-expressive conduct, for purposes of a possible speech-based exemption to public accommodations laws.
A decision in the case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, is expected by June 2018.
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