Quote:
Originally Posted by SunnySide
Its a bit for complicated imo.
A bakery or a hotel is "open to the public" and under interstate commerce clause and civil rights laws, a store "open to the general public" cannot discriminate or deny service based on race, religion, gender etc. A bakery open to the public is clearly subject to federal laws and regulations regarding constitutional rights. (whether "sexual identity" is a protected class is up for debate and how that parlays with religious freedom is the difficult issue with the bakery cases)
.
|
I agree with the Christian bakery because it was a custom specialty item. I also believe the gay couple singled them out, knowing full well they would be denied.
When I lived in California I had a lesbian couple who were close friends. They pretty much knew what local businesses were owned by gay people. I am sure that gay couple in Colorado could have easily found a gay friendly bakery.
I personally refused someone service based on their beliefs a couple decades ago in California. A guy handed me a concept drawing of a custom truck grille ornament. He asked how much to make him one. It wasn't hard to notice it had a pair of swastikas on it. My response to him wasn't pleasant.
They way I look at it I did the same thing as the Christian bakery. I refused to make someone a specialty item, because I disagreed with their beliefs. Of course I don't think any court in the land would award damages to a Nazi.