Post by Kapitan on Jun 19, 2021 21:02:47 GMT
Perhaps, it's right here? That's the conclusion I started to come to last night. Look, I'm very libertarian-minded, I believe in the free market, but while we wait for it to do its thing (i.e. for discriminatory business owners to adapt or fail), people are being discriminated against. Legally, it's clear that in this recent case he violated the state's anti-discrimination law (which resulted in a fine of $500 - the maximum amount). Apparently, Ms. Scardina was denied the custom blue and pink cake only after she said that the colors symbolized her transition. That's cut and dry discrimination. That's not a business decision. And, personally, I don't see how Ms. Scardina's request to purchase a blue and pink cake from a baker interferes with his religious rights. He's not asked to acknowledge, believe, accept, condone, or celebrate anything. Indeed, the judge ruled that baking and decorating a cake in the style requested by a customer is not a form of "compelled speech". What he is doing, essentially, is subjecting others (i.e. the public) to his private religious beliefs. That's not protected. That's not a right. Business-wise, it's not a good (or as they say in the business world: "best") practice. And, that's before factoring in the hardships of dealing with the legal fallout. Morally, he's flat-out wrong. As Ms. Scardina said, "we all have the same right to the same cake." Hard to argue with that...
...To summarize: I generally think private citizens and businesses ought to be allowed to reject business as they see fit, but I think they very often will be wrong to do so and will be judged harshly in the court of public opinion for it. But I also think there is a limit to that general idea, and I'm not sure where it is.
I wasn't aware of any of this, so thanks to B.E. and carllove for informing me. I agree with your analysis more or less, B.E. If the cake in question is literally identical to what the baker was happy to make, only refusing to provide it when told of the symbolism it had for the buyer, that's silly.
It's like a liquor store shopkeeper refusing to sell a bottle of wine from his shelf to someone who said while making the purchase it was going to be used for Christian communion services. "What? I'm an atheist/Jew/Hindu/whatever! I don't support Christianity!" The wine is identical to what you were about to sell when you didn't know the cause. Same with the cake.