Judge rules that wedding cakes are works of art, protected by First Amendment

Superior Court Judge David R. Lampe said in his Monday ruling that wedding cakes are works of art that are at the core of the First Amendment.

“It is an artistic expression by the person making it that is to be used traditionally as a centerpiece in the celebration of a marriage. There could not be a greater form of expressive conduct,” the judge wrote.

His decision contrasts with a ruling out of Colorado, where a court ruled that a baker could not refuse to bake for a same-sex couple, arguing the state’s public accommodation law trumped that baker’s First Amendment claims. That case is now before the Supreme Court.