Posted on 10/06/2023 3:43:31 AM PDT by CFW
I’ve been writing about Denver-area baker Jack Phillips for over a decade now. It’s clear to me he’s going to be badgered into the grave by authoritarians intent on punishing him for thought crimes. From the first time his name appeared in the news until this day, the media have misled the public about him, about the case, and about the law.
The latest chapter in Phillips’ Kafkaesque saga involves a transgendered lawyer named Autumn Scardina, who demanded Phillips create a pink cake with blue frosting to help celebrate a “gender transition.” As expected, Phillips, who’d already spent years fighting government coercion, refused to participate.
[snip]
At this point, the best-case scenario is for Phillips’ case to reach SCOTUS, so the court can either repair the Masterpiece decision — which basically provided the state and activists with a guidebook on bullying people of faith (basically, don’t show public animosity while doing it) — or shelve the First Amendment.
(Excerpt) Read more at thefederalist.com ...
The only time they would be viable is for "public accommodation" for which their is an effective monopoly, and only then for vital public services.
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A lawyer can accept or reject clients as he sees fit. A restaurant or retail store owner should be free to do the same.
Exactly, and you’re seeing it with the inner-city ferals wreaking havoc on stores now.
“The idea of anti-discrimination laws for private parties is wrong and should be overturned.”
Just curious, I don’t mean to start a big debate or anything, but would you guys be okay with a business rejecting black or Jewish people?
I would have no problem with that at all. I may not patronize the place, but I would absolutely support the right of a business owner to run his establishment as he sees fit.
“The idea of anti-discrimination laws for private parties is wrong and should be overturned.”
Just curious, I don’t mean to start a big debate or anything, but would you guys be okay with a business rejecting black or Jewish people?
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What the poster is saying is that the law says government can’t discriminate. The poster is differentiating between government and private people. Private people can be as twisted as they want under the law. The gray area is when they open a business to the public. Then is the business forced to serve anyone with money in their fist or can they reserve the right to refuse business? That is the question here.
Most private businesses should have the right to discriminate. The problem arises when there is an active conspiracy to discriminate in public accommodations. For example, bus companies in the South did not want to turn down black peoples money, but the government required they do so.
Where there is competition, those who refuse to serve customers lose out.
This is an artist’s commission. He will sell a regular cake to anyone but he does not have to accept a “commission” to create art.
He could always sell Scardina a standard cake and announce that the cake identifies as blue with pink icing.
Thanks for the replies. It’s good to know logic and consistency still exist.
The Colorado Supreme Court is going to have to take 303 Creative, LLC v. Elenis into account when making its ruling. The precedent about compelled speech is already settled by the US Supreme Court. Otherwise Phillips will be back to a USSC that will be very friendly to him and hostile to Colorado ignoring it’s rulings…
He didn't reject a person. He rejected one person's deliberately provocative cake order. And he probably was polite, but firm.
Same way a black baker would refuse a cake order celebrating the KKK.
Or a Jewish person would reject a cake order for Hitler's birthday.
Most of these Christian-persecution cases involving mom'n'pop bakeries, florists, or photographers were brought maliciously by activists after the shop had been serving gay customers for years, but just didn't want to participate in their gay wedding due to their religion.
Same way a Jewish deli would not want to be forced provide pork barbecue.
Or a black fashion model would not want to be forced to wear whiteface and a blond wig or be sued.
My question was directed at the comments of the two people I addressed, not the article.
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