Forced to serve gay weddings

[SuzySunshine]

How is this legal? Can't any business choose not to serve a customer for any reason?

http://abcnews.go.com/US/judge-order...ry?id=21136505

"At first blush, it may seem reasonable that a private business should be able to refuse service to anyone it chooses," Spence wrote. "This view, however, fails to take into account the cost to society and the hurt caused to persons who are denied service simply because of who they are."

If businesses choose not to serve any clientele (for any reason/classification) isn't that their right? What if a kosher customer came in and the business said we don't do kosher? What if a gluten free customer came in and the baker said we don't do GF? I get that its wrong to discriminate based on religion, gender, etc but how is it illegal?

[Vanquisher]

Ugh. DH is required by law to see a patient who requires an ASL interpreter because of the ADA. Not only can we not refuse to see the patient, but we have to pay for and provide the interpreter even though we will lose money.

[scrub-jay]

Forced to serve gay weddings

The article stated that CO state law outlines sexual orientation to be a protected status (along with race, sex, or marital status) therefore the ruling follows the letter of the law. No one would accept a bakery that refused service to individuals based on the color of their skin either.

[Vanquisher]

That's a very excellent point. I personally don't understand discrimination based on sexual orientation. However, I'm not sure I'd want someone making my wedding cake who was bigoted against me.

[diggitydot]

I'm still scratching my head that any bakery owner would turn away a paying customer.

[BonBon]

I'm still scratching my head that any bakery owner would turn away a paying customer.

Seriously. Though Heidi's got a point...I wouldn't want them baking my cake. Who knows what would be stirred into it.

[scrub-jay]

Forced to serve gay weddings

That's a very excellent point. I personally don't understand discrimination based on sexual orientation. However, I'm not sure I'd want someone making my wedding cake who was bigoted against me.

This was big news when it went down. It wasn't about the bakery, it was about the discrimination. The couple did go with another bakery and a ton of other local bakeries started advertising rainbow cakes in support. IIRC, the bakery owner explicitly told them they couldn't make a cake for a same-sex couple because it violated his personal Christian views.

ETA: The couple went on the news and explained that they'd decided to sue because it was wrong but they'd never darken those doors again.

[SuzySunshine]

So is sexual orientation protected in states where the marriage is legal? I'm honestly asking because it will probably never happen in my state.

If the state law says it's a protected classification then I withdraw my objection.

[scrub-jay]

Forced to serve gay weddings

Colorado passed the Colorado Anti-Discrimination Act (CADA) which was amended to include sexual orientation in 2007. I believe this was a move unrelated to gay marriage, but more concerned with employment discrimination based on sexual orientation.

Technically, I believe marriage in CO is defined as being "between a man & woman" but same-sex couples are allowed civil unions. The civil union passed earlier this year. Where is Oceanchild when I need her? She'd know this cold.

[Sheherezade]

You can't say I won't do your wedding because you are black. I think you can say something else as an excuse - but you can't say that. I think religious institutions are allowed to refuse gay ceremonies, though. Dueling protected classes, I guess.

Angie

[MrsK]

Religious institutions are permitted to refuse to conduct marriages outside of the faith. For instance, rabbis generally don't perform weddings that are not Jewish and many require that both the bride and groom are jewish. Refusing to bake cakes that are kosher or gluten free is not the same thing. That's more along the lines of refusing to serve meat at a vegetarian restaurant. It's a product that is not available there. The bakery in question already made wedding cakes. They just refused to bake cakes for a certain clientele. This is more like refusing to serve black customers at a lunch counter.

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[GrayMatterWife]

I think it was written by a state administrative law judge or someone like that. It means little in the big picture. This issue is whether the state can interfere with the freedom of religious express by regulating private industry through anti-discrimination regulation. It's a federal law issue.

[GrayMatterWife]

This is more like refusing to serve black customers at a lunch counter.

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But there is absolutely no Constitution protection to practice bigotry. There is a Constitution protection to practice your religion. The issue seems to me to be whether the practice of one's religion can be a form of bigotry, the practice of which can lawfully be regulated or punished by the state.

[MrsK]

People have used religion in the past to support bigotry. There are those who argue that the Bible has a prohibition against being "unequally yoked" and since they believe people of different races are not equal, then they oppose interracial marriage. I'm not saying it's a legitimate argument but I'm attempting to illustrate the point that religion can be twisted to support inequities and often has been used in that manner in the past.

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[KlynK]

If the business doesn't want to serve that population, fine his decision but you gotta come up with an excuse. Obviously saying "I won't bake for a gay wedding" is discrimination in this day and age. Same as saying "I won't bake for a black/Asian/hispanic/etc wedding". My confusion is...the guy says it's because of religious beliefs. But he made a cake for a DOG's wedding. Really???? I may not know everything about every religion but highly doubt his religion says marriage is for dogs. So this guy is saying a gay marriage is less legitimate than a canine wedding? Wow, ridic man.

Ugh. DH is required by law to see a patient who requires an ASL interpreter because of the ADA. Not only can we not refuse to see the patient, but we have to pay for and provide the interpreter even though we will lose money.

Thank God for ADA then.