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S/O of baker refuses to make a SSM cake

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Gay couple has a contract with a baker to make their SSM wedding cake.  The day before their wedding gay couple is watching the news and see their baker at a rally protesting against SSM.  Does the couple have a right to cancel their contract without paying?  



by on Feb. 3, 2013 at 8:05 PM
Replies (11-20):
12hellokitty
by Platinum Member on Feb. 3, 2013 at 8:33 PM



Quoting finnbar:

Ok, your title indicates the baker refused to make a cake. The content of your post says the couple now believes the baker is anti gay and they don't want him/her to make their cake. So which one is it?


It's a spin of of the baker refusing to make a cake based on his religious views, sorry for the confusion.


12hellokitty
by Platinum Member on Feb. 3, 2013 at 8:37 PM



Quoting tapies2324:

I wonder why the baker would agree to make a cake for a ssm wedding if me didn't believe in ssm. Sort of hypocritical to me.


He has no choice refusing is illegal.  Should he have to disclose to gay couples he is anit-gay so they can chose whether or not to use his services?  

Bookwormy
by Platinum Member on Feb. 3, 2013 at 8:40 PM
Cause the baker needs the money or lives in a state where GLBT is included in non-discrimination laws.


Quoting tapies2324:

I wonder why the baker would agree to make a cake for a ssm wedding if me didn't believe in ssm. Sort of hypocritical to me.

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Bookwormy
by Platinum Member on Feb. 3, 2013 at 8:41 PM
This. Except where will they get a decent wedding cake on such short notice? They're probably stuck with this cake anyway. Don't let their dogma run over their karma I guess? It sucks all around.

Quoting katy_kay08:

it would depend on the terms of the contract.  If the baker had in his contract that the order could be cancelled by the customer 24 hours prior to the event then yes they can cancel their contract.  If it stated it needed more time they either pay and take the cake or pay and don't take the cake.  



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stormcris
by Christy on Feb. 3, 2013 at 8:43 PM

A contract has no warranty of personal conflict most often. Unless there is the option out clause or a warranty then the contract is valid no matter the personal feelings of either party. That is like suddenly finding out someone is a different religion and trying to stop the contract which was in good faith for work. Contracts are binding by law.

SilverSterling
by MrsSilverusSnape on Feb. 3, 2013 at 8:44 PM



This.

Quoting katy_kay08: it would depend on the terms of the contract.  If the baker had in his contract that the order could be cancelled by the customer 24 hours prior to the event then yes they can cancel their contract.  If it stated it needed more time they either pay and take the cake or pay and don't take the cake.  


Bookwormy
by Platinum Member on Feb. 3, 2013 at 8:45 PM
I don't know about have to. He maybe will lose future business for attending the anti-gay protest. Maybe they post on FB,CM when they have kids, etc.


Quoting 12hellokitty:




Quoting tapies2324:

I wonder why the baker would agree to make a cake for a ssm wedding if me didn't believe in ssm. Sort of hypocritical to me.



He has no choice refusing is illegal.  Should he have to disclose to gay couples he is anit-gay so they can chose whether or not to use his services?  


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momtoscott
by Gold Member on Feb. 3, 2013 at 8:45 PM
1 mom liked this

 Of course not.  However, I bet if the tables were turned--that the cake buyers were Christians and saw their atheist baker at a rally, canceled the contract, etc.--you would find a rationale to defend their decision. 

tapies2324
by Member on Feb. 3, 2013 at 8:47 PM
Isn't it crazy?? This is supposed to be a free country yet a baker would be forced into doing something he is morally opposed to? Thats sad.


Quoting Bookwormy:

Cause the baker needs the money or lives in a state where GLBT is included in non-discrimination laws.




Quoting tapies2324:

I wonder why the baker would agree to make a cake for a ssm wedding if me didn't believe in ssm. Sort of hypocritical to me.


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FromAtoZ
by AllieCat on Feb. 3, 2013 at 8:50 PM
1 mom liked this

As long as they are legally able to do so, yes.  Otherwise, they don't have to accept the cake but I would expect them to pay per the contract.

There is a difference here.  As a business, there are laws that prevent discrimination.  This baker did not enter in to a contract or a business deal.  He refused service.

In the scenerio you have painted, there is already a contract in place, a business deal has already taken place.

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