BY ALLEN WEST
There are a couple of sayings that apply to this story. The first one is even a broken clock is right twice a day. The other is, on occasion, even a blind squirrel can find a nut. So it is with the state which consistently exemplifies all that’s wrong with progressive socialism, California.
As reported over at Townhall.com, “A California judge ruled Monday that the state cannot force a Christian baker to make a wedding cake for a same-sex marriage, arguing that doing so would be a violation of free speech. Superior Court Judge David Lampe denied the State of California’s request for a preliminary injunction that would’ve forced Cathy Miller, owner of Tastries Bakery, to either make wedding cakes for gay couples or not make wedding cakes at all. If she had complied in not baking wedding cakes at all she would’ve lost up to 40 percent of her business.
Miller’s legal troubles began last August when she told a lesbian couple that she could not design a cake for their wedding because of her religious beliefs that honored traditional marriage between a man and a woman. They couple then filed a complaint with the state, arguing that she discriminated against them, which forced the state to launch a formal investigation that resulted in a motion being filed last December seeking an order that would’ve forced Miller to make cakes for gay weddings.
In his opinion, the judge said the issue isn’t about discrimination but rather, the First Amendment.
“The State is not petitioning the court to order defendants to sell a cake. The State asks this court to compel Miller to use her talents to design and create a cake she has not yet conceived with the knowledge that her work will be displayed in celebration of a marital union her religion forbid,” Lampe wrote. “For this court to force such compliance would do violence to the essentials of Free Speech guaranteed under the First Amendment.”
All I can say is WOW! Last night when I spoke in Waco, a local judge asked me about these same-sex marriage cake cases. I told him simply, sexuality is a behavior and sexual behaviors cannot be made superior to First Amendment individual rights. No one is refusing service to these individuals; they are rejecting the notion of being forced to participate and provide their talents for a specific event that contradicts their First Amendment right, freedom of religion, and as the judge stated, freedom of speech. If someone had told me that this decision would be coming out of California, I would have said no way.
However, you can expect the radical LGBT lobby will be incensed, and this judge will be personally attacked. The Colorado multi-millionaire financier of the progressive socialist radical LGBT agenda, Tim Gill, is quite surely beside himself. The reason why? This decision truly puts pressure on the SCOTUS for the Masterpiece Bakery v Colorado Civil Rights Commission case. As well, Melissa and Aaron Klein of Sweet Cakes by Melissa can also use this decision to, again, appeal their case which they lost in the Oregon Court of Appeals…remember they were fined $135,000.
The victory here is greater than just a bakery in California, it means that perhaps, Christian traditional beliefs in marriage, of one man and one woman will not successfully be criminalized and businesses forced to be shut down. If this were allowed, in what type of secular humanist state do we reside?
This is a great decision for religious freedom, liberty, in America. As stated, this is not about discrimination; it’s about the First Amendment. And no, it’s not the same as a store owner refusing service to someone who is black. Being black is not a behavior, but one can change their sexual behavior…not the case with race.
And know this, when I walk into a room, there are two very distinct things one knows about me — I am a man and I am black. Everything else is behavioral, and government should not be in the business of legislating behaviors, unless they’re detrimental to our civil society.
Editor’s Note: This column previously appeared at AllenWest.digitalpoliticalnews.com.
Lt. Col. Allen B. West is the former U.S. Congressman representing Florida’s 22nd District, a Fox News Contributor, a contributing columnist for Townhall.com, the former Executive Director of the National Center for Policy Analysis in Dallas Texas, and the author of Guardian of the Republic: An American Ronin’s Journey to Faith, Family and Freedom. Col. West is the third of four generations of military servicemen in his family. During his 22 year career in the United States Army, he was awarded the Bronze Star, 3 Meritorious Service Medals, 3 Army Commendation Medals (1 with Valor device), and a Valorous Unit Award. In 1993 he was named the US Army ROTC Instructor of the Year. Col. West believes it will be principled constitutional conservative policies, not politics, which will secure a sound economic future for Americans.