I note from reading the New York Times story that the baker apparently offered 
to sell other goods in lieu of baking a designated "wedding cake."

Sandy

Sent from my iPhone

On Aug 13, 2015, at 6:24 PM, Levinson, Sanford V 
<slevin...@law.utexas.edu<mailto:slevin...@law.utexas.edu>> wrote:

A non-rhetorical question:  is there any model that would justify refusing to 
sell an in embellished product--say a cupcake--to someone whose potential 
use--at a same sex wedding, at a tryst with one's heterosexual lover, or 
whatever--you disapproved of on religious grounds?  An obvious question, of 
course, is how such information would be obtained. Could a sign indicate the 
exclusive list of cupcake-eligible customers and include, in addition to 
payment and appropriate demeanor, "adherence to the baker's views of sexual 
propriety"?

Sandy

Sent from my iPhone

On Aug 13, 2015, at 4:27 PM, Volokh, Eugene 
<vol...@law.ucla.edu<mailto:vol...@law.ucla.edu>> wrote:

               I should add that it also concludes that the Colorado 
Constitution's religious freedom guarantee follows the Smith model rather than 
the Sherbert/Yoder model, something that was less clear before.

               Eugene

From: 
religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Thursday, August 13, 2015 5:06 PM
To: Law & Religion issues for Law Academics
Subject: Colorado Cakeshop decision

https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2015/14CA1351-PD.pdf

Fairly straightforward.  Rejects free speech and free exercise claims.  (The 
case does not involve a refusal to bake a cake displaying any particular 
"content" -- the bakery refused to bake any cake for a same-sex wedding.)
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