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SCOTUS Strikes Again!


I love Chik-Fil-A spicy chicken deluxe sandwiches. My GF refuses to set foot on any Chik-Fil-A property. Different strokes for different folks. She’s the LGBTQ activist and I’m the quiet girl who stands beside her and no longer buys from Chik-Fil-A (eh, my spicy chicken cravings usually came on Sunday’s anyway 🙄).

So as you can imagine, our opinions on the recent news that SCOTUS will be hearing another LGBTQ-related case are quite divergent.

Back in 2018 the Court decided that while a Colorado baker could not refuse to serve LGBTQ clientele, they could refuse to put two brides or two grooms on a cake. I agreed with this ruling and my GF strongly disagrees. In that case, the Court ruled that forcing the baker to create custom cake designs that were contrary to his/her religious views would violate their freedom of religion. I agree. But two gay guys come in to buy some cupcakes and they cannot be refused service. A bakery is a public accommodation.

So, now this new case … A Colorado web developer wants to expand her business into wedding websites but is concerned that she will land on the wrong side of Colorado’s public accommodation law. I think the same logic should apply: Two people come to you for a website, you cannot refuse service because of who they are (gay, straight, bi, black, Muslim, whatever). But if because of your personal beliefs you choose not to offer websites that show happy gay couples, then I don’t feel the law should force you to.

Oh, but what about black couples or biracial couples or minority religious couples? It gets messy, right?

It does, but then, the law is always messy. And in this case, if a baker or a photographer or a website designer decided that they only offered their creative services depicting white Anglo-Saxon protestant artistry, then I would hope that the market would crush them out of business but I would not empower the government to do so.

Your thoughts?
MethDozer · M Best Comment
I'm kinda with you on this. While I am against the ideals of said businesses, at the end if the day I also feel people have the right to awful ideas and to abide by their awful ideas as long as they aren't actively hurting or infringing on another. Your comfort zone may be a shitty ine but you are entitled to it as long as it isn't violent towards another.
sarabee1995 · 26-30, F
@MethDozer What legislation being introduced? This post was about a pending SCOTUS case?
MethDozer · M
@sarabee1995 Nah,nah, nah.

I just meant in a general sense
sarabee1995 · 26-30, F
@MethDozer Got it.

I definitely understand. Every time I hear arguments against gay couples I remember similar arguments against interracial couples (often also based on religious dogma) and think about how I’d feel if new laws were being proposed on that basis. And if someone was doing business while excluding interracial couples, I’d boycott them vigorously, and tell everyone I knew. So I’d do no less for a business who excludes LGBT couples.
sarabee1995 · 26-30, F
@bijouxbroussard Hi Bij ... I was thinking of you as I wrote this. Although we do not always agree (just as DarkHeaven said above), I have huge respect for your thoughts and opinions because you are so consistent and well thought out.

And for the record, I would stand beside you boycotting any business with bigoted policies, whether those policies attacked people of color or LGBTQ or anyone else. :)
@sarabee1995 She’s one of my dearest friends here.
TexChik · F
I agree that open bigotry should be avoided . With all the bakers available it seems that other forces were at work here with the intent of forcing the couple to violate their beliefs or be punished severely because they dared to not agree with gay marriage , which is their right . I seem to remember some outrageous fines/judgements being levied against the owners of the bakery that were later vacated by a higher court .
sarabee1995 · 26-30, F
@TexChik Yes, and I agreed with the ruling and the vacating of those fines.

But, as a strong free-market advocate, I also would support those who would advocate in the marketplace against the baker.
TexChik · F
@sarabee1995 a lot of that was intentionally blown up by the media . It should have never been so toxic
sarabee1995 · 26-30, F
@TexChik Agreed.
Harmonium1923 · 51-55, M
I appreciate your post and you make your argument carefully. But I still disagree. Many Christian and Moslem believers disagree strongly with Judaism. Would they be allowed to return to posting signs that say “No Jews or dogs”?

I know you are Drawing a fine point between service at a public accommodation v creating product that espouses a specific view. But it’s not always so easy. How about. Jewish family that goes out for a dinner that is specifically a Chanukah celebration. Could they be refused service because a Christian owner is somehow offended by the notion of a Jewish holiday?
sarabee1995 · 26-30, F
@Harmonium1923
"Could they be refused service"
No, of course not. The restaurant is a public accommodation.

But, the restaurant could not be required by government fiat to offer Kosher food.
Harmonium1923 · 51-55, M
@sarabee1995 I get your point on that. But could they say “No Shabbat brunches on Saturday, we’re Christian so respect our beliefs.” Or “this is a Christian establishment. We welcome you as long as you don’t say a Hebrew blessing before your meal. Violators will be asked to leave the premises immediately.”
sarabee1995 · 26-30, F
@Harmonium1923 Of course not. The rules regarding public accommodations are well established law. The Christian restaurant can no sooner evict the Jewish diners than a Jewish restaurant could with Christian diners.

Now this assumes that both diners are not making a public nuisance of themselves or bothering others customers. But praying at your table within the traditions of any faith is certainly allowed in any restaurant in America.
KarateAaron · 46-50, M
Sorry, Sara, but I agree with your girlfriend on this issue. When a business is open to the public, it should have to serve the entirety of the public, without discrimination. There is no functional difference between putting two groom figurines on the top of a wedding cake versus putting one groom figurine and one bride figurine. The cake maker is putting two figurines at the top of the cake. With a website, the same is true from a functional perspective -- a photo is a photo (whether it has one man and one woman, or two women). A photographer who is open to the public for business would be in violation of anti-discrimination laws if he were to say, for example, that he would only photograph white people, and not photograph black people. The same should be true for sexual orientation. What if the school yearbook photographer refused to take the photo of any students who were openly gay/lesbian? Should those students be excluded from the yearbook because photographing them violated some alleged "religious belief" of the school photographer?

While it is nice to think that the market would crush people who discriminate, it does not always work that way. The market is not a good tool for regulating against discriminatory behavior. This generally isn't a problem in a big city (like Los Angeles, where I live) -- if there is a jerk photographer who refuses to photograph a gay wedding, the couple could hire another photographer. The same is true of a jerk wedding cake maker here in Los Angeles. Given the huge size of L.A., it is not difficult to find multiple different vendors for a particular task. However, in small towns, there may only be a small handful of photographers, wedding cake makers, etc. Thus, a gay couple in a small town may have no options for these services. And every gay or lesbian couple in a small or rural area should not be forced to have to travel to a big city to get married.

The same arguments were made against desegregation -- i.e., that the market would find a way. But in certain areas, no restaurants were willing to serve food to black people. It wasn't reasonable for those folks to never be able to eat a meal out, or only eat out when they travel to a big city, etc.. If a business is open to the public, then they should not be allowed to discrimination on the basis of sex, gender, race, sexual orientation, etc. (i.e., any of the protected classes).

I could go on and on, but I'll leave it at that. I generally agree with you about most things, but on this one, I have to side with your GF. Sorry!
Slade · 56-60, M
@KarateAaron

.. If a business is open to the public, then they should not be allowed to discrimination on the basis of sex, gender, race, sexual orientation, etc. (i.e., any of the protected classes).

So your good with shutting down all the Ladies Only clubs, gyms, etc?
MethDozer · M
@KarateAaron How far does it go though?

Are they obligated then to put an image of Satan?

Is an artist obligated to paint naked dicks if they do custom work?
Should a gay atheist artist be forced to paint a protrsit of Jesus when they find the religion offensive to their personal struggle?


The bakery was made to not discriminate in that they nade the cake. The couple can decorate it however they like. The service was provided in that they were rightfully made to bake the cake. Getting testy over the couple having to place their own plastic charm on it isn't realy denying any service.
KiwiBird · 36-40, F
I do not eat FAST FOOD.
I wouldn't support any business that discriminates on racial or religious grounds or LGBTQ+ preferences.
sarabee1995 · 26-30, F
@KiwiBird There's no evidence that they discriminate (that I know of). But their ownership advocates politically against LGBTQ issues.
KiwiBird · 36-40, F
@sarabee1995 I understand her reasons then....
sarabee1995 · 26-30, F
@KiwiBird Yup. I do as well. Which is why I no longer give in to my cravings for spicy chicken sandwiches. 🤷‍♀️
Persephonee · 22-25, F
My thought is that Americans are terrifically suit-happy.

And that some people on both sides really enjoy being offended, far more than they enjoy the idea of getting married or of running a successful small business, and it would all be rather better if everyone grewthefudgeup.

Just bake the damn cake, make the damn website. Or don't. But if not, don't expect to get glowing reviews from the rightfully cheesed-off couples whose noses you've left out of joint.
sarabee1995 · 26-30, F
@Persephonee Yes, we certainly are a litigious society. 🤷‍♀️ Not our best feature. 😔

I'm not sure that people enjoy being offended, but certainly we have people on all sides who do take too much offense.
SunshineGirl · 36-40, F
Until recently I would have been inclined to agree. But I feel the culture wars have created an uneven playing field and the artisan baker who selectively discriminates is more likely to find a market niche than see their business disintegrate 😕 For that reason I think governments have a duty to intervene.
sarabee1995 · 26-30, F
@SunshineGirl If the baker discriminates, then absolutely the government should step in. I'm behind that 100%.

But if the baker is willing to sell a cake to anyone, must he offer every kind of artistic design on his cakes? Or can he say he offers these twenty designs. Pick one or go elsewhere?

In that case, the court ruled that the baker must (as a "public accommodation") offer cakes to anyone regardless of race, religion, sexual orientation, etc, etc, etc... But the baker can decide for themselves what kind of artistic expression they offer on their cakes.

If they only offered cakes depicting heterosexual couples, I would find that offensive, but that is not discrimination under the law and is an issue for the market to resolve, not the government.
SunshineGirl · 36-40, F
@sarabee1995 There was a case in the UK where a baker in Northern Ireland was prosecuted for refusing to create a design on a wedding cake for a gay couple (which was admittedly quite horrible looking). After four and a half years of legal process and expenses amounting to more than half a million pounds (the original cost of the cake was just £36.50) the baker was found by the Supreme Court not guilty of discrimination under the 2010 Equality Act. The case was fairly tawdry from all angles. The baker's legal costs were underwritten by an evangelical Christian trust. The plaintiffs were seasoned political activists. The baker claimed his right to freedom of religious expression had been vindicated, which the judgement quite clearly did not do. The government department in turn was criticised for persisting with the prosecution. Their argument was that the baker's actions contradicted the spirit of a major piece of primary legislation (which may have held water against a corporation, but not so much against a private individual). Nobody really won in the end.

Btw, I made my own wedding cake. So many dietary considerations had to be taken into account that I felt it was simpler just to do my own thing 😅
sarabee1995 · 26-30, F
@SunshineGirl Bottom line... If you're in business, you cannot turn away customers based on sex, race, etc, etc, etc. But your customers cannot tell you what services to offer.
dale74 · M
If it makes a difference i have two friends who both work at two different chic fil a one in Mississippi the other in Arkansas both are LGBTQ and both are in management at their stores. One is just under the owner/operator the other manages the night shift. So they do not discriminate against lgbtq employees at all.
sarabee1995 · 26-30, F
@ChampagneOnIce This 👆 is why I now forego my yummy spicy chicken sandwiches. My awareness came from my activist GF and I thank her for that.
dale74 · M
@sarabee1995 But saying I feel like eating has just as much right to his opinion as your girlfriend
sarabee1995 · 26-30, F
@dale74 Did anyone say otherwise?
You don’t have to ask. You know where I fall on this. My freedoms end where yours begin. I’m also kind of a purist when it comes to freedom.
sarabee1995 · 26-30, F
@JustGoneNow 👍😁
it isnt about cake or photos. its about bending the knee.
apparently gays are incapable of simply employing another baker...... or photographer.

a anti gay business is a risky business model.. LESS MONEY FOR THEM..

nope. we gunna crush and make examples of ppl.
sarabee1995 · 26-30, F
@cherokeepatti As I said, I agree with the 2018 ruling that stated that the baker did NOT have to put two brides or two grooms on top of a cake. I'm in agreement here. I don't want the government to have that kind of power.

However, I'm a HUGE free-market promoter and in this situation I would strongly advocate in the marketplace of ideas that the market shun this baker and drive them out of business. I oppose bigotry in all its forms but rarely see the government as the solution.
Slade · 56-60, M
@sarabee1995

in the marketplace of ideas that the market shun this baker and drive them out of business. I oppose bigotry

Sure you do. But you "strongly advocate" bullying and destroying anyone outside the woke chorus🙄
sarabee1995 · 26-30, F
@Slade Nope. Not at all. I oppose bigotry and bias no matter which side of the political spectrum it comes from.
MrBrownstone · 46-50, M
How about we all keep sexuality private?
sarabee1995 · 26-30, F
@MrBrownstone
"Marriage implies sex"
Ideally sure. Are you telling me, though, that no one has ever gotten married for reasons of "convenience" and not sex? Obviously rare, but my point stands. The couple who simply requested a cake with two grooms or two brides were not making any public statement about their sexuality. That was being inferred by the baker.
MrBrownstone · 46-50, M
@sarabee1995 Did you read the rest of my reply?
sarabee1995 · 26-30, F
@MrBrownstone Yes. Of course.
Businesses can do what they want and so can customers

Voluntary self interest is a wonderful way to bring people together
sarabee1995 · 26-30, F
@BiasForAction Agreed. The market is a far more effective and legitimate regulator.
MarineBob · 56-60, M
people are sue happy..would you ask a baker to bake a cake that didn't want to.
sarabee1995 · 26-30, F
@MarineBob Well, personally I agree with the 2018 ruling, but not because I support the baker's blatant bigotry. Rather, I just don't want to empower the government in this way.

I'd rather see the market do as my GF does and crush the bigot out of business. No suing, no big to-do. Just a good old fashioned shunning. :)
vetguy1991 · 51-55, M
I heard of this story
sarabee1995 · 26-30, F
@vetguy1991 Yup. It's likely gonna make headlines.
vetguy1991 · 51-55, M
@sarabee1995 i know it was all over the radio
scrood · 31-35
If you don't have freedom of association (business) then you are a slave of the state

TRUMP 2024
sarabee1995 · 26-30, F
@scrood Our Right to Freely Assemble refers to private assemblies not to public accommodations. As soon as you open your doors to the public for business you become a public accommodation. This is established law.
Fukfacewillie · 56-60, M
I don’t think the State should force works of art or individual creation (or birth).
sarabee1995 · 26-30, F
@Fukfacewillie Agreed. I would hope that the market would treat such discriminatory business harshly, but I do not want the government having the power to regulate creativity.
tenente · 100+, M
my lgbtq friends line up for chick-fil-a because it's good and they really don't give a fuck about the politics lol
sarabee1995 · 26-30, F
@tenente As is their right!
This message was deleted by its author.
sarabee1995 · 26-30, F
@BackyardShaman Wow. What a coincidence! You read the same editorial I did.

But, I should point out that when quoting others it is good form to put their words in quotation marks. 🙄
This message was deleted by its author.
sarabee1995 · 26-30, F

 
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