Tuesday, July 10, 2018



Wedding cake bigotry is illegal

So, some Auckland bigots have decided to try their hand at US-style wedding cake bigotry, and refused to provide a wedding cake for a marriage:

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.


This is pretty obviously illegal. The Human Rights Act 1993 prohibits discriminating in the provision of goods and services on the basis of sexual orientation, just as it prohibits it on the basis of race or disability. While this must be interpreted through the lens of the Bill of Rights Act, which affirms freedom of religion, the consensus when the Marriage (Definition of Marriage) Amendment Bill was passed was that people had no right to refuse to provide services to gay couples, any more than they would to interracial ones. For that reason, a National MP put up a bigot amendment which would have allowed his fellow bigots to refuse services in exactly this manner. It was voted down, 79-36.

As for what should happen, the Human Rights Commission should take these bigots to the Human Rights Review Tribunal, which should award damages for hurt and humiliation (and pour encourager les autres). And of course, no-one should buy cake from these bigots ever again. Because this sort of shit isn't acceptable, any more than refusing to serve Maori is.