Immanuel
Gold Member
- May 15, 2007
- 16,828
- 2,269
- 183
They can claim anything they want, the problem would be they would have to prove that the business turned them down based on race and not as a political organization (which is not a protected class).
All the shop owner would have to do is start calling white clients to the stand and after the first dozen or so witness with the next 100-200 waiting in the wings to testify, the judge would probably make a summary judgement in the defendants favor.
>>>>
True, but all this bakery needs to do is prove that they have served gays and lesbians in the past and I would suspect that if they kept any kind of decent records, they could do so. According to the story, they did not refuse service to gays and lesbians, but they drew the line at same sex weddings, in fact, I believe I read in the Portland Times story I posted that they had served this same couple in the past. They simply drew the line at the wedding.
If that is true and they had served gays and lesbians in the past, they should not have anything to worry about.
Immie
Not true as a component of the law. The NM Law, which was the subject of the Photography case requires that the business not discriminate on the services offered based on sexual orientation. Not that they provide some services to everyone, but only a selected range of services to other - but the same services to each.
So let's compare using New Mexico's Supreme Court decision:
Cakes: If the bakery business is offering wedding cakes to heterosexual couples, but is refusing wedding cakes to homosexual couples - then the reason (even as stated by the bakery) for the denial was it was the sexual orientation of the participants. The bakery is not offering the same services based on sexual orientation. It's irrelevant that the bakery might sell them cupcakes for a birthday party or a pie for a retirement party. If the range of serivices is cupcakes, pies, birthday cakes and wedding cakes for heterosexuals but only cupcakes, pies, and birth day cakes for homosexuals - then the services are not the same.
KKK: If a Klan's man comes in an asks for a cake with KKK anti-black writing on it and the bakery says "I won't make the cake because you are white." Then the bakery is in violation of the law because their reason is based on race and they could bring dozens of white customers to testify and it would be irrelevant because they states the reason was race. If the Klansman could prove the baker said it was because they were white then legally they would loose the case. On the other hand if the bakery said they wouldn't make the cake because it was for a Klan rally, then the reason is not based on race, it's because of the Klan's political activities. Since political organizations are not protected under the NM Public Accommodation law they (the bakery) would win.
Just using NM as the standard for the example because the Bakery case has not been adjudicated yet and so there isn't a ruling to which to refer. In the matter of the NM law we have a standard set by the NM Supreme Court.
>>>>
Thank you for that interpretation. It makes sense... Sucks, but still makes sense.
Immie