Press release
Attorney Orly Taitz contacted Administrative Court of Colorado to check
on her complaint. She originally talked to the supervising clerk Donna
who stated that the Chief Judge Mathew Azer got her complaint and that
if Taitz wants to talk to the judge, he is willing to talk to her. Taitz
was extremely surprised as she never had a situation where a Chief
Judge is willing to talk to a member of the public. The complaint is
here at link.
Judge Azer was very courteous and spent nearly an hour talking to Taitz.
He
advised her that he is concerned that the decision by Judge Spencer in
regards the baker Mr. Jack Phillips and Masterpiece cakes was
misreported in the media and there is a backlash due to
misunderstanding.
The
decision was only in relation to the civil rights statutes of the state
of Colorado. He states that it is at 24-34-301 at seq. which states
that if you provide services to the public, you have to accommodate all
members of the public and cannot discriminate against people of
different races, gender, religion and recently sexual orientation was
added as a protected group.
Taitz
advised Judge Azer that there is a difference between discrimination in
denying services in general and baking a cake for a gay wedding, which
is an act that is so closely intertwined with religious believes.
Taitz
brought an example. She stated that she has 3 children and often
ordered cakes for their birthdays. If a baker refuses to bake a cake for
a child's birthday because a kid happened to be black or Jewish or gay,
that is a discrimination against a member of a protected minority,as it
does not go against the religious believes. However, when a baker
refuses to make a cake with 2 grooms on the top of the cake or 2 brides,
that involves his religious believes because a gay marriage is a sin in
his religion and pretty much every religion and this involves his
religious believes.
Additionally,
this violates existing Colorado law because gay marriages are banned in
the state of Colorado and by and through this decision the
administrative court of Colorado is aiding and abetting an unlawful
conduct.
Originally
Judge Azer tried to state that selling a wedding cake is not aiding and
abetting an unlawful conduct because one can order a birthday cake even
though it is not his birthday, so one cam order a wedding cake without
getting married.
Taitz
responded that this is splitting hairs similar to Clinton's what "is"
is and not dealing with the issue at hand. It is presumed that when one
is ordering a birthday cake, it is for a birthday and when one is
ordering a wedding cake, it is for a wedding.
Taitz
questioned Azer if there is a way to find a middle ground in preventing
a flagrant discrimination while at the same time avoiding violation of
one's first amendment right of Freedom of Religion. Taitz questioned
whether Judge Spencer or Judge Azer, as a Chief Judge, would be willing
to issue a statement, whereby if one cannot deny services and deny
selling a product, a baker would simply sell a cake, "A CAKE', without
having to adorn a cake with a figurine of 2 grooms or 2 brides and
writing the names of 2 brides or 2 grooms, which indicate that this is a
gay wedding, which is against his religious believes. Judge Azer agreed
to this and stated that indeed he wants the public to understand that
he does not want "Activist Judges", that he will write a response to the
complaint by Taitz clarifying to the public that all the baker has to
do is sell the gay couples the same product as he sells others. Mr.
Phillips does not have to place a figurine of 2 gay men on the top of
the cake, he does not have to write the names of 2 grooms. Chief Judge
Azer believes that if a judge tells a baker, HOW to make a cake and what
to place on top of the cake, then it is an activist judge and he will
not allow this.
So,
in the future, if a gay or lesbian couple comes to Masterpiece bakery,
Mr. Phillips only has to sell them the same product that he sells
others, but he does not have to adorn it in a way that violate his
religious believes and he will not be sanctioned. Judge Azer stated that
he will write his letter of response shortly.
This is a step in the right direction towards a compromise without violating the First Amendment right of Freedom of religion.
In
regards to Phil Robertson, Taitz is asking residents of LA, who are
members and supporters of Defend Our Freedoms Foundation, to send her
the PDF and links to the civil rights commission and administrative
court of LA, where Phil Robertson resides and she will review them and
will advise the members and supporters what can be done.
Dr Orly TaitzESQ
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