Warkworth baker refuses to make wedding cake for gay couple

NZ Herald 9 July 2018
Family First Comment: A gracious response…
“”I do not wish to offend either of you and I thank you for letting me know that it is a same-sex wedding,” it said. “Even though as individuals you are both fabulous and amazing people, I must follow the integrity of my heart and beliefs. Our government has legalised same sex marriages, but it is not my belief that it is correct, therefore I will not support it and cannot make your wedding cake for you.”
Here’s a great commentary from blogger Matt Walsh – “I can’t force a Jewish deli to provide me with non kosher meat. I can’t force a gay sign company to print me ‘Homosexual sex is a sin’ banners. I can’t force a Muslim caterer to serve pork. I can’t force a pro-choice business to buy ad space on my website. I can’t force a Baptist sculptor to carve me a statue of the Virgin Mary. I can’t force a private citizen to involve himself in a thing which he finds abhorrent, objectionable, or sinful. And you know what? I would never try. Maybe that’s what separates liberty lovers from liberals. For all their talk about ‘minding your business’ and ‘this doesn’t concern you’ and ‘live and let live,’ theirs is truly an ideology of compulsion. The free speech and expression of other citizens must be tamed by the whip of their lobbying, legislating, and litigating.”

A gay couple say a New Zealand baker refused to make them a wedding cake because of their sexuality.

Moe Barr and Sasha Patrick, from Brisbane, planned to get married in Waipu, Northland, in January.

They had organised to have a wedding cake made by Kath’s Devine Cakes in Warkworth.

But the owner told them that would not be possible because same-sex marriage went against her beliefs.

Barr posted an email from the owner, Kath, on Facebook.

“I do not wish to offend either of you and I thank you for letting me know that it is a same-sex wedding,” it said.

“Even though as individuals you are both fabulous and amazing people, I must follow the integrity of my heart and beliefs.

“Our Government has legalised same sex marriages, but it is not my belief that it is correct, therefore I will not support it and cannot make your wedding cake for you.”

Barr expressed disappointment on her Facebook page, saying: “Be sure to avoid Kath’s Devine Cakes if you support marriage equality.”

The business did not respond to request for comment.
READ MORE: https://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=12085733

Lesbian couple ‘shocked’ by Kiwi baker who refused to make wedding cake
Stuff co.nz 9 July 2018
A same-sex couple is “shocked and upset” that their request for a wedding cake was refused by a Warkworth baker who said marriage equality was against her beliefs.

Moe Barr and Sasha Patrick both live in Brisbane, but since Australia had not yet legalised same-sex marriage when they got engaged last year, they planned their wedding at Waipu in Northland for next January.

When they approached Kath’s Devine Cakes in Warkworth to make the cake, “Kath” refused, saying despite the New Zealand government legalising same-sex marriage, she believed it was not correct and therefore she would not make the wedding cake.

“I do not wish to offend either of you and I thank you for letting me know that it is a same-sex wedding,” the email said.
READ MORE: https://www.stuff.co.nz/life-style/weddings/105324741/Lesbian-couple-shocked-by-Kiwi-baker-who-refused-to-make-wedding-cake?cid=app-iPhone

Chris Lynch: The Warkworth baker and the same-sex couple – a slice of homophobia or free speech
NZ Herald 10 July 2018
Should freedom of religious expression be given a free pass when it comes to New Zealand’s Bill of Rights?

A same-sex couple is upset because their request for a wedding cake has been refused by a baker in Warkworth.

“Even though, as individuals you are both fabulous and amazing people, I must follow the integrity of my heart and beliefs. Our government has legalised same-sex marriages, but it is not my belief that it is correct, therefore I will not support it and cannot make your wedding cake for you.”

The baker’s views are discriminatory and yes outdated. She could have prevented the vicious online backlash by just saying she was fully booked, but she didn’t.
READ MORE: https://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=12086120

Warkworth woman refuses to bake cake for same-sex wedding
NewsHub 9 July 2018
A Warkworth baker has ignited controversy after refusing to bake a cake for a same-sex wedding.

Moe Barr and her partner Sasha Patrick enquired about getting their wedding cake made by Kath’s Devine Cakes, but the business owner declined to make the order.

“I do not wish to offend either of you and I thank you for letting me know that it is a same-sex wedding,” she wrote.

“Even though as individuals you are both fabulous and amazing people, I must follow the integrity of my heart and beliefs.
READ MORE: https://www.newshub.co.nz/home/lifestyle/2018/07/warkworth-woman-refuses-to-bake-cake-for-same-sex-wedding.html

Lawyer: Murky wording would make anti-gay baker lawsuit tricky
NewsTalk ZB 9 July 2018
A baker in Warkworth has refused to make a wedding cake for a gay couple.

The case comes after a similar saga unfolded in the United States, which escalated all the way to the Supreme Court for a verdict.

However, the lesbian couple have not taken the baker to court, but have warned people from using the cake shop if they support marriage equality.

Lawyer Steve Cullen told Chris Lynch it would appear that the baker has breached the Bill of Rights.

However, should it go to court, the current legislation would cause some conflict.

“There seems to be a defence, potentially under Section 15 of the Bill of Rights Act, which says that people are entitled to manifest their religion in public or private. That’s the clash that would have to be determined in court.”
http://www.newstalkzb.co.nz/on-air/larry-williams-drive/audio/steve-cullen-murky-law-would-make-anti-gay-baker-lawsuit-tricky/

The Auckland baker who refused to make a lesbian couple’s wedding cake is being flamed online – but supported by some
TVNZ One News 10 July 2018
An Auckland bakery is receiving a swarm of negative reviews online after it declined to bake a wedding cake for an Australian lesbian couple planning on getting married here.

Kath’s Devine Cakes made news yesterday when owner Katherine Wade’s email response to Moe Barr and Sasha Patrick was made public.

In the email, Ms Wade said while gay marriage has been legalised in New Zealand, due to her personal beliefs she was not willing to make the cake for a gay couple’s wedding.

“Even though as individuals you are both fabulous and amazing people, I must follow the integrity of my heart and beliefs,” Ms Wade wrote.

“Our government has legalised same sex marriages, but it is not my belief that it is correct, therefore I will not support it and cannot make your wedding cake for you.
READ MORE: https://www.tvnz.co.nz/one-news/new-zealand/auckland-baker-refused-make-lesbian-couples-wedding-cake-being-flamed-online-but-supported-some

Can a business reject customers based on religious beliefs or sexual orientation?
Stuff co.nz 10 July 2018
The Warkworth baker who denied a request from a lesbian couple for a cake has been labelled “rude”, “intolerant” and in breach of human rights, by a lawyer.

Law firm Henderson Reeves director Thomas Biss said refusal to provide a cake for the couple’s wedding was a bad business move, and was “rude, insensitive, not good business, intolerant and unpleasant”.

“It is unlawful to refuse to supply goods or services on the basis of one of the prohibited grounds of discrimination, that includes sexual orientation,” Biss said.

Partner at law firm Chen Palmer Mai Chen said the case was similar to one in the United States, which went to the Supreme Court.

In June, the US Supreme Court sided with a Colorado baker who refused to make a cake for a same-sex wedding back in 2012, although justices avoided a wider ruling on religious exemptions for businesses.

The case left open the broader question of whether or not the baker’s right to freedom of expression over ruled the couples right to not be discriminated against, Chen said.

However in New Zealand the Human Rights Act includes sexual orientation as a prohibited ground of discrimination.

Section 44 expressly states that it will be unlawful to ‘refuse or fail on demand to provide any other person’ with goods, facilities, or services by reason of any of the prohibited grounds of discrimination,” Chen said.

“Goods is not defined, and would include cakes. Services would include baking cakes.

“There is no express exception in relation to religious or ethical belief.”

So, denying a good or a service to a same-sex couple on the grounds of religious belief was illegal under the Human Rights Act, Chen said.
READ MORE: https://www.stuff.co.nz/business/105353363/can-a-businesses-reject-customers-based-on-religious-beliefs

Lesbian couple will not take legal action over baker’s wedding cake refusal
Stuff co.nz 11 July 2018
A lesbian couple won’t be taking legal action against an Auckland baker who refused to make their wedding cake on the grounds it was against her personal beliefs.

Moe Barr and Sasha Patrick received an email from Kath’s Devine Cakes advising them that while the Government had legalised same-sex marriage, it was her belief that “it was not correct”, so she would not be able to make their cake.

The New Zealand Human Rights Act includes sexual orientation as a prohibited ground of discrimination but the couple said they won’t be approaching a lawyer.

“We shared the email because we wanted to raise awareness about the issue,” Barr and Patrick said in a joint statement to Stuff.

“People don’t realise that this type of discrimination is still occurring. It happens every day with people all over, but nobody really talks about it.”

We made it public because we don’t want anyone else to go through the same thing we went through.”

They said they hadn’t heard from the baker, Kath, but would not be taking legal action against her.

“We never wanted to go down that path. We just hoped to shed some light on the fact that discrimination is not okay and is no way to run a business.”
READ MORE: https://www.stuff.co.nz/auckland/local-news/rodney-times/105395813/lesbian-couple-will-not-take-legal-action-over-bakers-wedding-cake-refusal

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