Pop23
Gold Member
- Mar 28, 2013
- 26,685
- 4,383
He only makes those that were available to the public prior to the change in the law and he makes those regardless of sex, sexuality, race or ethnicity. He does not make this new product for anyone, regardless of sex, sexuality, race or ethnicity.
He made wedding cakes prior to the change in the law. Just because the law changed with Loving v. Virginia doesn't mean that people could claim religious reasons for discriminating against blacks and interracial couples. See Newman v. Piggie Park and Bob Jones Univeristy.
And you've avoided the question as to the songwriter, that has written unique wedding songs for opposite sex couples, that would refuse to write a song about a same sex marriage on the basis that he can't write songs about things or events that he can't personally relate to.
Many of these songwriters would fall under the PA law. Is he violating the law, or is he protected by the First Amendment?
Songwriters typically are not a Public Accommodation business. The are independent contractors. Not the case with Masterpiece Cakeshop which is a business that even Mr. Phillips agrees falls under Public Accommodation laws, he's just asking for special rights to discriminate against gay couples based on his religion.
.>>>>
Nope, I know at least 3 Music Studio's that have both Singers and Songwriters on staff. In all three cases they have created "Unique" songs celebrating weddings and are not independent contractors. But even if they were independent contractors that would not matter if they advertised their services.
saying that an independent contractor is exempt would simply allow the Baker to say he doesn't have to make the same sex wedding cake because all his Cakes are baked by Independent Contractors.
Tough question ain't it? A paradox
And consider THE FACT that the Baker, no different than the songwriter, consider themselves "Artists". The Baker even named the Bakery "Masterpiece".
Last edited: