A Kern County judge has ruled that the State cannot force a baker to design and bake a wedding cake for a same-sex couple.
The State cannot succeed on the facts presented as a matter of law. The right to freedom of speech under the First Amendment outweighs the State’s interest in ensuring a freely accessible market place.
The right of freedom of thought guaranteed by the First Amendment includes the right to speak, and the right to refrain from speaking. Sometimes the most profound protest is silence.
No public commentator in the marketplace of ideas may be forced by law to publish any opinion with which he disagrees in the name of equal access. No person may be forced by the State to stand and recite the Pledge of Allegiance against her will. The law cannot compel anyone to stand for the National Anthem. No person may be forced to advertise a state-sponsored slogan on license plates against their religious beliefs.
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In California! Whodathunkit?