Cakes, Artistic Prerogative, and SSM — In Colorado, the three appeals judges weighing the Phillips wedding cake case examined those issues, asking: Is cake making really an act of expression protected by the First Amendment, or should bakeries have to serve all customers equally? Phillips, the owner-baker, declined, saying he would make other treats, but not a wedding cake. Phillips has also refused to make Halloween cakes, or those with anti-American or racist themes. At issue is whether the case is about discriminating against a gay couple or about a business owner being compelled to “use your artistic expression to create, celebrate something that offends your beliefs.”