No one has an obligation to create what they believe to be filth and vile, but if they choose to do business with the public at large, there will be an expectation to do for one what you'd be willling to do for the rest.
I wasn't entirely sure what you were saying there, but in this last bit, you seemed to be more or less seeing the baker's point?
Or maybe I picked you up wrong.
I mean, making a cake that has 'congratulations to X and Y on their wedding' does not rule out that some X and Y weddings are strongly believed by you to be.......really wrong, so can you lump such cases together with 'things that you would do for the rest'?
As I hope you've gathered, I'm not really taking a side here. Well, I am, I'm coming down against the baker, but I'm admitting it's complicated.
Should you or I, if we make banners, legally have to make a banner for an anti-gay marriage protest march, do you feel? Or should se have the room to decline, on grounds of conscience or morality?
While you read what I'm about to write, keep in mind that my views are not solidified on the issue. We should be strong on certain kinds of discrimination yet weak on other kinds of discrimination. If someone is willing to sell product x72076 to person A, then that someone must be willing to sell a duplicate of that very exact product to everyone. If that someone is not willing, then we should be strong in our efforts to put an end to their ability to sell at all. That means, if you're willing to sell fried chicken to whites, then you damn well better be ready to sell fried chicken to blacks, homosexuals, atheists, and very fat Mexicans with tattoos too. What I'm trying to say is, if you do x110987b for person A, then if person Q wants it, don't discriminate. It's wrong and intolerable. I don't like the Vietnamese, but if I sell to the rest of the world, then I should not be allowed to discrimate against them just because I dislike them.
Now, if I don't like someone, that's not to say every form of discrimation should be intolerable. If I absolutely despise men and would never in my life sell men's clothing, that's discriminatory, but I'm saying we can tolerate that discrimination. I have to sell women's clothing to men if they're willing to buy women's clothing because it's unacceptable to discrimate against men by refusing to sell to them while selling to women, but I can still discrimate against them by refusing to sell men's clothing, so long as I also refuse to sell men's clothing to women.
Another way of putting that is we can do what's wrong so long as what we do is fair. It might be wrong to refuse to sell wedding cakes with same sex figurines, but if I nevertheless refuse to do that and it's wrong, then fine, so long as I'm fair. For instance, if I'm willing to sell different sex figurines atop a cake to heterosexuals, I must be willing to sell different sex figurines atop a cake to homosexuals whether I want to or not. They may not want that, but that's too bad, as I don't sell that and won't.
So no, I don't have to sell banners that read, "gay pride week coming up." It's discrimatory but not against homosexuals but rather what homosexuals want. If a heterosexual wanted to buy that same banner but to be used against the event, I still can't sell it, as that would be unfair to sell it to heterosexuals but not homosexuals.
Another example: I don't have to sell ethnic haircare products. If a black person wants to buy ethnic hair products, I only have to sell them to them if I'm willing to sell them across the board to whosoever might want them. If I'm willing to sell them to whites, I damn well better be prepared to sell them to blacks too, for it would be discrimatory against the person if I didn't.
Clearly (or least somewhat clearly), I'm trying to put forward a view for review that strongly prohibits discrimination against people while simultaneously allowing a degree of discrimination towards the wants of the people.
I can refuse to sell black Santas (that stem from hatred and ignorance) so long as I refuse to sell black Santas across the entire spectrum of all people; however, the moment I start selling black santas, I may not refuse to sell to blacks based on hatred and ignorance.
So, I guess I am agreeing with the cake shop owner. It's okay to be discrimatory when it comes to catering to what people want so long as I never discrimate against the person.
Like I said, that view is not solidified. In fact, it should probably be argued against; however, the argument against one form of discrimination is not going to stand good for the other, so I'm resistant to broad blanket arguments against discrimination in general. I'm outright asserting that it's wrong to discriminate against the person, so an argument that merely fights against discrimination in general will not do for me, as I need to see what reason transcends the shallow thinking notion that discrimination is harmful.
Yes, it might be, but there should be some semblance of retaining decency in a world where everything goes. If you're going to refuse to sell anything to someone because he's black or gay or a white male, then that's pure unadultered discrimination that has no business in business, but you may retain the right to discriminate so long as it's done so in the same manner for anyone and everyone.
Again, it's not a solidified view. It's more of a plea for an argument more enlightening than "discrimination is harmful."