Quote:
Originally Posted by zimmy
The point is that he can't refuse to make them something he would make for a straight couple. He did not reject the design, he rejected making a cake for them. If he said, I will make a cake, but I ask for the right to decline certain phrases or designs, this would likely not been heard at the lower level.
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"he can't refuse to make them something he would make for a straight couple"
One can make a compelling case, that the first amendment says he can, as long as his refusal to do so, is based on religion. At least 3 SC justices will say he can (probably).
When Obama's EEOC argued that Muslim truck drivers could not be forced to abandon their religion, the EEOC didn't say "unless anyone is offended, in which case they can be forced to abandon their religion."