martybegan
Diamond Member
- Apr 5, 2010
- 83,009
- 34,351
Compelling interest requires an actual harm, not hurt feelings.
If it were "all" bakeries that would be an actual harm, considering the limited scope of the number of bakeries that refuse service in these cases, there is no real harm, and thus no compelling interest that overrides a person's freedom of exercise.
The baker is the one with the actual harm, they have to perform an act against their will simply because of someone's hurt feelings. since the force is on the side against them, the harm is on them, not on the gay couple in this case.
again, this argument was made 50 years ago when racists didn't want to served black people and insisted Jesus was totally cool with that.
it didn't fly then, and it doesn't fly now.
If your superstitions don't allow you to do services you offered and advertised as providing, you have a remedy- You can sell your business.
That was systemic government enforced discrimination, where Religion was just a cover for economic oppression and political isolation. That is not the case here, hell there are studies that say gays are often more affluent then straights, and there is no question of their political power as a block.
You are using a tool designed to clear cut a forest to prune one tree, it's not smart, nor fair, nor american.