Subject: That's not necessarily true
Author:
Posted on: 2015-06-27 00:08:00 UTC

It varies by jurisdiction, but in some States, depending on the circumstances, a Court could require it.

Take this for an example, A orders a Cake from Boudin Bakers, their designs are unique, everyone in the State of Freemont knows it. They are the greatest bakers in the state. Chef Bob has started work on A's wedding cake, and has nearly completed it, he just needs to put a few finishing touches on the cake when he realizes that this wedding cake is for the wedding of Adam and Jim. Chef Bob realizes that this is for a same-sex marriage. He is vigorously opposed to it, and he refuses to finish the cake. A brings a suit, seeking specific performance, or in other words an order from the Court requiring Chef Bob to finish the Cake.

In this situation, some States might allow A specific performance. This is not an Unconstitutional Remedy. Now the general common law would probably not allow this, but general common law highly disfavors specific performance. But some States do allow this. Also if it was Unconstitutional, then the RFRA like statutes at issue in Kentucky and Arkansas (among others) would not have been needed. It is though an unsettled area, what the effects will be is still unclear.

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