this post was submitted on 01 Jul 2023
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Malicious Compliance
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For me the difference is in refusing to serve someone because how they were born vs the choices they make.
Totally ok with the later, but the laws are supposed to prevent the former. Just like it being illegal to discriminate against someone just because they are black or white or Asian or whatever.
A lot of the people who discriminate against the lgbtq+ community absolutely believe that sexual orientation is a choice, and I’d wager that includes the justices who ruled in favor of the web designer.
I agree with you. Isn't race specifically a protected class with the 13th, 14th and 15th Amendment specifically? Political ideology or beliefs are not protected, unless violence is utilized. Please correct me if I am wrong.
Correct. The point is sexual orientation should be protected like race.
For employment purposes, it is. Court precedents have affirmed that discriminating against someone based on sexual orientation is a form of sex-based discrimination which is illegal under Title VII.
But creative works (like baking a cake or building a website) are protected by the constitution as free speech. You can’t compel someone to perform a creative work against their own beliefs.
That’s why you’re allowed to refuse to build a website for a gay couples wedding, but you can’t refuse to change their tyres.
That’s great and all, but I personally don’t think that is right for fair.
Imagine a baker saying they don’t want to bake a wedding cake because of an interracial couple or for black people. I get the law is different, I’m saying personally I don’t agree with that law and think that’s a load of shit.
The problem is you're wrong though, because legally you have to look at the lowest common denominator.
Imagine you are a baker and someone wants you to bake a nazi cake? Would you want to? Hell no, but saying that a producer is required by law to perform any creative production asked of by the client means that you as a Jewish gay person (hypothetically) would be forced to bake that nazi cake.
Similarly, it doesn't really matter what's "right" it doesn't change that for some people, lgbt issues are considered religious sin, and they feel like they would be committing a religious sin in baking a pride cake. Now are they loony? Yeah they are. But it doesn't change that you cannot force someone to artistically create something against their will. ESPECIALLY when you can just go to another baker who will.
Again I draw the line on discrimination based on how a person was born vs their decisions.
Bakers can say no to nazis, democrats, republicans, tattoos, whatever.
But bakers being able to say no just because how you are born: white, black, male, female, gay, straight… that’s horse shit.
Why would argue that’s ok or morally correct or fair?
The problem is that while it is obvious to you that sexual orientation is a matter of birth and not choice, it isn't to, to be honest, the vast majority of people on this planet.
And also, just to put things in perspective, even the science isn't fully convinced. Most evidence tells us it's something from birth, and my personal life anecdote tells me I'm bisexual since the day I was born, but truthfully we don't have any hard evidence to prove it, since it is nearly impossible to prove.
This is why it has to be included with the rest.