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In reply to the discussion: Colorado baker sues state officials, claiming continued religious persecution [View all]FBaggins
(28,705 posts)If I say that I won't sell cakes with vulgar language on them and a hobbit shows up to buy one... does that mean that I discriminate against Tolkien races? Of course not. The hobbit has a right to put whatever vulgarity he wants on a cake, but I don't have to bake it for him. His right of expression clashes with mine and it's unlikely that a court would rule in his favor anywhere in the country.
If he was unwilling to do business with gay clients, then they couldn't buy a get well soon or 4th of July cake either... there hasn't been any evidence of that... and the courts would not have allowed that. Instead, they made clear that the interests being weighed were his right to control his own expression vs. their protection from discrimination. The court didn't reach to that answer because they found that his expression rights had not properly been considered in the first place. But if it had been their right to avoid discrimination against his "right" to discriminate... it never would have made it past the first court.