While I think that all groups need to have rights and shouldn’t be denied something like a wedding cake just because they are gay, I feel that there must be other cake makers that would be happy to have their business. So why fight with one just because they offended you? Here’s why.
A federal court ruled that Title VII of the 1964 Civil Rights Act, which bans discrimination on the basis of race, color, religion, sex, and national origin, also covers homosexuality. A persons sexual orientation is also a protected class by the US supreme court. So denying a cake to a gay couple is discriminatory.
See, it is ok to have your own beliefs and if you don’t believe in gay marriage for yourself personally, that’s fine. And it is ok if you do not want to create something that explicitly goes against your beliefs (like something that showcases the gay union on the cake), that is also fine. But you cannot decide NOT to create something for a person or people (any protected class) just because of who they are. And that includes because of what they are celebrating if they are celebrating who they are.
This is a simple case! The baker can decide not to make an explicitly gay themed wedding cake, but he cannot refuse to make a wedding cake for gay people. That’s it!
If the cake maker had said, “I will make your cake, but I cannot put two men on it because that goes against my beliefs, so you will have to add that yourself if that is what you want”, then it would be a whole different story.
You can decide WHAT your beliefs will allow you to create, but not WHO you are creating it for, (which includes if it is celebrating WHO they are). The WHO is protected by discrimination laws that must be upheld.
Here are the protected classes by the US Supreme court:
Race/ethnicity, Religion, Color, National origin, Age (40 and over), Sexual orientation, Individuals with disabilities, Veteran status, Sex, Height, Weight, Marital status, Gender identity, Genetic information
Denying a gay couple, as a protected class, would be the same as denying to make a cake for a black person’s birthday, a muslim holiday, someone who is from Iraq, an old person, a veteran, a disabled person, a transgender person, etc. Denying any PERSON based on who they are, is pure discrimination.
Putting a sign in your shop that says “we don’t serve gay people” is extremely offensive and discriminatory. If you want to put up a sign that says “we don’t create sexually explicit cakes that showcase gay sexuality because it goes against our beliefs, but we serve and make cakes for all people”, then have at it! You can’t decide that because you don’t approve of the way in which the wedding cake will be used, as in a gay wedding, that you can deny the couple the cake. That is like saying, I won’t make a birthday cake for you because you are getting it for your gay friends. Or I won’t make this cake for you because it is celebrating a Muslim Holiday that I don’t believe in.
Let’s look at some other instances and arguments….
If a gay couple owned a bakery and a Republican came in and wanted a cake for their anti-gay agenda meeting, the gay couple could refuse to make it because political beliefs is not a protected class.
If a Christian owned the bakery and a Muslim came in and wanted a cake for a wedding, being a protected class (race), the christian could not discriminate and refuse to serve them because they are Muslim.
If a black person owned the bakery, and a white supremist KKK member came in and wanted a cake for their KKK meeting, the KKK being a radical group with an agenda is not a protected class, so the baker could refuse to make the cake.
If you are a small marketing company who writes articles and social media posts for businesses, and a Trump supporter came to you wanting a Trumpism website with marketing, articles and social media posts supporting the Right wing agenda, you can choose not to work with them because, first, being a Trump supporter (political beliefs) is not a protected class, and second, you would be refusing to do creative work that goes against your beliefs, which is different then refusing to do the work just because he is a Trump supporter, which would also be ok because again, not a protected class.
It would have been ok for the bakery owner to refuse to make a cake that explicitly showcased gay sexuality, if that went against his beliefs. But NOT OK to deny a cake to a Gay Couple, regardless of their reason for the cake. Period.