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Old 12-08-2017, 11:36 AM   #116
detbuch
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Join Date: Feb 2009
Posts: 7,688
Freedom of speech (now referred to as expression) and the free exercise of religion were meant to be freedoms practiced in the public, as well as the private, square. So there must be accommodations for those freedoms and others when they conflict.

If gay couple has right to buy whatever a baker sells, does the baker have a right not to sell certain products? Obviously, he has that right. He doesn't have to bake or sell Middle Eastern pastries, for instance. Would that be considered ethnic discrimination? No, it would be ethnic discrimination if he refused to sell the wares he makes to a Middle Easterner.

So why, if he must sell whatever he makes to gays, should a baker have the right not to sell a wedding cake meant to be served at a gay wedding? If he practices his business according to his Christian beliefs, there is nothing in his religion that says he must not sell his wares to a non-believer. ln general, his baked goods have no religious connotation, with the exception of special occasions such as Easter and weddings. On those special occasions, his religion is paramount in the conception of the products meant to celebrate them. In his religion, those occasions represent a holy day or a holy sacrament. He cannot force anyone to buy his Easter cookies.

In his religion, marriage is between a man and a woman. It is a holy sacrament. Marriage between same sex couples would be sacrilegious. For a Christian baker, if he is devout, there is no such thing as a gay wedding, and there would be no such wedding cake for him to make. Asking to bake such a cake would be asking him to participate in a blasphemy. Does he have a right to refuse such a request under his right to freedom of religion?

If he is willing to sell to gays any of his wares which he has made with no intention that they serve some irreligious purpose, then in that respect he does not discriminate against them. But in matters of freedom of religion, as practiced in his public life, should he be forced to trespass his faith by participating in something that counters it? Is there no accommodation there between gay rights and religious rights?

Sure there is. As was said above, he will sell any of the wares he creates in which he has or had no intention that they be used to blaspheme his religion. All the products pre-made and on his shelves are of that nature. If you prefer to have him bake something rather than buying a pre-made product, don't ask him to do so with the intention of serving some purpose that is contrary to his faith. That is asking him to participate in what he religiously believes is wrong. Just ask him to bake a cake. Then do whatever you want with it. Even ask for a wedding cake, but you don't have to tell him what it's for. If he asks you what it's for, and your honest, don't expect him to comply with your request if it makes him complicit in what he considers sin.

His right to practice his religion in the public square does not negate a homosexual's right to marry. Both sides can be accommodated and made whole if neither is forced to deny their rights to accommodate the other's.

Last edited by detbuch; 12-08-2017 at 11:41 AM..
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