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5 comments

[–] ScorpioGlitch 5 points (+5|-0)

I would imagine that a private business doesn't particularly have to cater anyone in particular. The customers did, after all, have other bakeries they could go to. The problem here is that this is the same legal logic that will be used when banks prevent customers from purchasing guns and accessories because they want to make a political stand. It will be interesting to see how this is going to play out.

[–] Owlchemy 6 points (+6|-0)

But this was a limited decision only. It didn't set a precedent, but just said that the baker in this particular case was discriminated against because of his religion and it overturned that particular decision by CO. There are other cases working there way up to the court later this year where they may decide to set a precedent, but in this case, it only counts for this one.

[–] ScorpioGlitch 1 points (+1|-0)

Well, yeah. This whole business vs religion issue is an amazingly compact can of worms that no one really wants to touch. So they keep shuffling it around. At some point, someone is going to get hurt, die, etc from some decision by a business like this and people are going to turn it into a legal and media circus. At that point, it will be a landmark decision and we'll have our precedent. I suspect, especially if that happens in the next couple of years, that it will go in a way that a lot of more liberal people are going to scream about.

There are conflicting laws, goals, and opinions that need to be reconciled.
The line to me is between prohibiting and compelling action. Prohibiting bigoted behavior is reasonable, but compelling actions that wouldn't normally be done for anyone, is a significant escalation.

If the baker had said "We don't serve gays", that would be discrimination.
But what they seem to be saying is "We will serve gays, we just won't write offensive messages, for anyone".
I think they have that right. Compelling someone to perform action is a bigger violation of someones rights than being refused a service.

We don't get a 'right' if we have to violate other rights to exercise it.
When there is conflict between rights, we should take the path of least harm. Protection the Christian rights in this context will also strengthen LGBTXYZ right to be different and have their spaces.