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RE: Newsflash: People have the Right to Discriminate ~ #opentoall?
I really enjoyed this article, however, it brings up some larger points. Can a restaurant discriminate based on race, sexuality, gender, religion, or any other reason?
The answer to that question is legally, no
From legalmatch: "No. The Civil Rights Act of 1964 explicitly prohibits restaurants from refusing service to patrons on the basis of race, color, religion, or national origin. In addition, most courts don’t allow restaurants to refuse service to patrons based on extremely arbitrary conditions. For example, a person likely can’t be refused service due to having a lazy eye."
This is the same basic idea...
What makes a cake bakery different? its a similar if not exact same type of service rendered.
I am interested to hear your ideas.
Anti-discrimination laws are discriminatory themselves, in that they dictate who I must do business with, even if I don't want to.
Legally, no, you are correct. But I disagree with the law, like many others. But that doesn't mean I agree with the actions of racists, homophobes, and others who would decline serving others based on these attributes. It's a slippery slope when you advocate that someone must serve someone else. Would you say that the Jewish baker should be forced to make a Nazi cake? An American patriot baker should be forced to make an ISIS cake? I understand those are extremes, but this isn't a case by case ruling. It must be consistent across all levels, otherwise it's not a principle, but rather a preference.
At the end of the day, it comes down to freedom of dis-association. No one can compel me to talk to, work with, sell to, or anything else otherwise, to anyone I don't want to.
Yes, it makes for a confusing situation, I am not sure I agree with the law how it is written either, BUT, I can also see why they wrote it as a civil rights law too. Makes for a real difficult opinion on the matter for me.