Pop23
Gold Member
I think he would still be in violation of Colorado law. I don't see how it makes any difference whether the couple is male or female. It is still discrimination based on sexual preference. Whether he refuses to write best wishes Mary and Betty or John and Bill on the cake, it's still discrimination.The new market was created in 2015. He chose not to participate in such.
Obergfell simply created a market that the baker could partake in. It did not create a gay wedding market, it created a same sex wedding market.
He opted not to serve this market. In doing so he refused service to all within the market.
You may claim he did so because he didn’t want to serve gays, but he doesn’t serve straights as well. And the traditional market he does serve? Treats gays and straights, males and females equally.
Sorry but under the law he doesn't get to "opt in or opt out" of new markets based on the sex composition of the couple or their sexual orientation. Just as bakers didn't get to "opt in or opt out" when state laws like Virginia's that barred interracial couples from entering into Civil Marriage were overturned.
Yes he did discriminate based on sex when he would sell wedding cakes to man/woman couples but not man/man (or woman/woman). The SCOTUS reversed the decision to the hostile actions of the Commission. Because of that he got a pass from the court on a narrowly applied ruling. The court did not however invalidate Colorado's PA law and if he continues to violate the law going forward he would be subject to the proceeding starting over again and this time you can bet the Commission will watch their p's and q's. And your silly word games if tried in court would be laughed out of the room.
(Although Arlene’s Flowers Inc v. Washington is still in the SCOTUS pipe-line awaiting determination if the SCOTUS will take the case which is basically the same as Mr. Phillips case - i.e. speech and religion - so he wouldn't have to wait years if they take the Arlene's Flowers case and actually rule instead of punting it.)
.>>>>Sorry but under the law he doesn't get to "opt in or opt out" of new markets based on the sex composition of the couple or their sexual orientation. Just as bakers didn't get to "opt in or opt out" when state laws like Virginia's that barred interracial couples from entering into Civil Marriage were overturned.
It is a new market that never existed before. It's a bit like saying that Car Company "A" must make electric cars because that market has still become fashionable.
But lets drill this down:
A Baker opens a Bakery in which he makes a number of decisions. One of which is, can I invest a ton of Money into a shop AND at the same time, be able to run it in such a way that does not violate my Religious views?
The Baker looks at current Law and decides that he can do this without Violating his religious belief. He even goes so far as to deny those who seek a Halloween Cake as his participation in such would be actively violating his religious belief. I can support that.
As for Wedding Cakes, he see's Same Sex Marriage being unlikely as State after State after State votes it down, so he decides to make wedding cakes. He doesn't care of the sexuality of those that order these cakes as his religious view is that Marriage is between a Man and a Woman, and two Homosexuals would not be violating this norm as long as a female Lesbian Marries a Male Homosexual.
Now the Baker is faced with the SCOTUS redefinition of Legal Marriage which is hostile with his ability to run his business in a way that doesn't conflict with his religious belief.
However, SCOTUS did not simply make "gay marriage" legal, in fact it made marriage between any two people, with only a few exceptions legal. Now, Straights of the same sex can Marry another Straight , and Homosexuals of the same sex can Marry another Homosexual of the same sex. HELL, Lets face facts, a Straight can Marry a Homosexual of the same sex (Weird I know, but true non the less).
He decides, the only way that he can avoid a conflict with his religion is to NOT PROVIDE WEDDING CAKES FOR SAME SEX COUPLES REGARDLESS OF SEX OR SEXUALITY. This decision is not based on a bias of either sex, nor a bias of a sexuality, if it is, what bias? He has made Wedding Cakes for Men. He has Made Wedding Cakes for Women. He's made wedding cakes for heterosexuals and homosexuals alike, of this there is no doubt.
Now, lets examine the Virginia case you reference. The Baker that you would reference could make no argument that baking a cake for an interracial couple is in conflict with his Religious principles as Marriage is simply between a Man and a Woman. The Bible, as I understand it, makes no racial distinction, so he would have no case.
Can you discriminate against everyone? If so, it's simply the product is not offered.