A known Klan Wizard walks into a black bakery to buy a birthday cake for his wife. Why can’t the baker refuse him?
An atheist wants a cake for a “Freedom from Religion” party with God crossed out on the cake....still has to bake it?
A prostitution business (where it’s legal) or a porn shop wants to celebrate 20th anniversary of teh busniess with a cake....has to bake it?
Does a black photographer have a right to refuse to take pictures at KKK rally?
Does a homosexual photographer have a right to refuse to take pictures at a Westboro Baptist protest?
Does an animal rights activist that is a photographer have the right to refuse to take pictures at a meat slaughterhouse?
The baker can refuse him. There is no law compelling him to bake the cake, because the Klan Wizard is not a protected class against discrimination. Also as I wrote originally, “A business CAN generally refuse non-essential services (eg, not medical, emergency, etc) on personal grounds. But if they violate those protected classes, they can be sued. The end result will usually depend on the precedence in that particular court circuit. And, if “sexual orientation” isn’t in that state’s laws, how the judge and precedence in that circuit reads “creed.”
It’s a tricky question, I grant you. But do we really want to return to a time when people could refuse services on the basis of race, for example, or gender, or...? I don’t have the answers on this one, but I do know that the Arizona law (now vetoed) was not a step I wanted to see happen. bad for business, for starters. Too much backlash.