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Bakery refuses to make "gay cake"; faces legal action

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Original post by ClickItBack
The problem really boils down to a law that, interpreted literally, totally restricts all liberty. Hence said law is always interpreted in the context of 'oppressed groups', whether ethnicity, sexuality, religion, whatever.

It's pretty easy to expose the horrible inconsistency of this (and of people on this thread adamant that the cake shop were in the wrong). Just imagine an atheist asking a cake shop owned by Muslims to have an image of Prophet Muhammad defecating on it. That scenario will probably short circuit some of the 'stupid' left's minds (i.e. the ones for whom every decision is to be judged a) only on moral grounds b) only their own morals are valid and c) only inconveniences to 'oppressed groups' are immoral)


There's a fairly clear difference between a pro-gay cake, and a graphic image like defecation. So, no - that doesn't expose hypocrisy unless you think that the cake that was rejected was asking to depict two people having sex (which wasn't the case)

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Original post by Snagprophet
They haven't turned anyone down based on their sexual orientation though so how is this a valid comparison?


The guy I quoted said this...

"They are a business, and can (and should) refuse service to who ever the damn well please."

That means they should be able to refuse service to black people if they so wish. Which is obviously a terrible idea.

I said that in the example given in the OP I am neutral.

i'm just sick of hearing people on here act as if a private business owners can do whatever they feel like just because they run a private business, because they can't. They can do what they like within a framework of rules, some of these rules are set up to avoid discrimination.
Original post by Stiff Little Fingers
There's a fairly clear difference between a pro-gay cake, and a graphic image like defecation. So, no - that doesn't expose hypocrisy unless you think that the cake that was rejected was asking to depict two people having sex (which wasn't the case)

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Well if you are arbitrarily saying it's OK to refuse to print graphic images, why shouldn't the cake shop be allowed to arbitrarily define what it does and does not produce?
Original post by Maker
I think the law would also cover indirect discrimination as well as direct as per the laws on sex discrimination.

We shall see if the case comes to court but it is in line with previous laws.


It seems to be the belief that the law this violates is section 14 of the equality act.

The law is there to protect individuals from being denied a service due to the possession of a protected characteristic.

First and foremost let's do away with the idea that this is discrimination based on sexual orientation. It's not. At best it's discrimination based on political views.

Now have we actually had a case like this before setting precedent E. G. A printer refusing to print a poster for bringing back the death penalty? Because if not then I do start to wonder about whether or not there is a case to be made here.

Further the acid test for you: would it be right for a gay baker to refuse to bake a cake saying "no to gay marriage"?
Reply 324
Original post by limetang
It seems to be the belief that the law this violates is section 14 of the equality act.

The law is there to protect individuals from being denied a service due to the possession of a protected characteristic.

First and foremost let's do away with the idea that this is discrimination based on sexual orientation. It's not. At best it's discrimination based on political views.

Now have we actually had a case like this before setting precedent E. G. A printer refusing to print a poster for bringing back the death penalty? Because if not then I do start to wonder about whether or not there is a case to be made here.

Further the acid test for you: would it be right for a gay baker to refuse to bake a cake saying "no to gay marriage"?


I don't think framing it as a political issue will fly. You can assert racial equality, feminism or religious equality as political as well but the courts can tell the difference.

Of course, the characteristics of the person doing the discrimination has no bearing on the discrimination itself. There is no provision in the law for it.
Original post by Stiff Little Fingers
There's a fairly clear difference between a pro-gay cake, and a graphic image like defecation. So, no - that doesn't expose hypocrisy unless you think that the cake that was rejected was asking to depict two people having sex (which wasn't the case)

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Forget defecation then. Just an image of the Prophet.

And if you're going to claim that there's still a big difference between that and a pro gay marriage slogan, then I think you're missing the point.
Original post by Maker
I don't think framing it as a political issue will fly. You can assert racial equality, feminism or religious equality as political as well but the courts can tell the difference.

Of course, the characteristics of the person doing the discrimination has no bearing on the discrimination itself. There is no provision in the law for it.


Support for gay marriage is a political view it is no means exclusively held by gay people in fact further it's not actually a view all gay people hold. So to frame the discrimination of these bakers as being one to do with the sexual orientation of the customer is absurd. That's what I'm saying.
Original post by Maker
If its OK for a bakery to break the law if there is another one they can get their cakes from, I expect you will agree is OK to have a rat infested bakery as long as there is another vermin free bakery in the vicinity.


Wait, there's a law saying you have to accept custom?
Well i didn't know that.
Reply 328
Original post by limetang
Support for gay marriage is a political view it is no means exclusively held by gay people in fact further it's not actually a view all gay people hold. So to frame the discrimination of these bakers as being one to do with the sexual orientation of the customer is absurd. That's what I'm saying.


I am not clear as to why you think a subject is political because not everyone who could support it don't.

I am assuming you think supporting Man United is also a political topic because not everyone in Manchester supports them.
Reply 329
Original post by Mutleybm1996
Wait, there's a law saying you have to accept custom?
Well i didn't know that.


I suspect the rat infested bakery would be less popular.
Original post by Maker
I am not clear as to why you think a subject is political because not everyone who could support it don't.

I am assuming you think supporting Man United is also a political topic because not everyone in Manchester supports them.


Way to miss the point. It's NOT a sexuality issue because your own personal sexuality is not actually dependent upon your support or lack of for same sex marriage. That's my point.
Reply 331
Original post by limetang
Way to miss the point. It's NOT a sexuality issue because your own personal sexuality is not actually dependent upon your support or lack of for same sex marriage. That's my point.


The majority of Man United supporters are not from Manchester, does that make support for MU political?
Original post by ClickItBack
Forget defecation then. Just an image of the Prophet.

And if you're going to claim that there's still a big difference between that and a pro gay marriage slogan, then I think you're missing the point.


Unless there is a good reason for doing so, the government says (rightly so) that one cannot discriminate on the basis of:

age

disability

gender reassignment

marriage or civil partnership

race

religion or belief

sex

sexual orientation



Do you disagree with that in anyway? The government tries it's best for everyone, and they have correctly taken the stance of supporting the rights of homosexuals. The government shouldn't allow shops to prevent the sale of goods on the basis of sexuality. One argument used is that it is against Christianity (similar to any religion really). However, that belief is against another fundamental right of society.

The religious stance of disallowing portrayals of prophets does no harm to anybody. It's not really a discrimination against anything.
Original post by RVNmax
Unless there is a good reason for doing so, the government says (rightly so) that one cannot discriminate on the basis of:

age

disability

gender reassignment

marriage or civil partnership

race

religion or belief

sex

sexual orientation



Do you disagree with that in anyway? The government tries it's best for everyone, and they have correctly taken the stance of supporting the rights of homosexuals. The government shouldn't allow shops to prevent the sale of goods on the basis of sexuality. One argument used is that it is against Christianity (similar to any religion really). However, that belief is against another fundamental right of society.

The religious stance of disallowing portrayals of prophets does no harm to anybody. It's not really a discrimination against anything.


Nothing you stated bears any relevance to my example.

Feel free to answer my query though: if an atheist asks a Muslim cake shop owner to bake a cake depicting the Prophet Muhammad on it, is it acceptable for the cake shop owner to refuse?
Original post by ClickItBack
Nothing you stated bears any relevance to my example.

Feel free to answer my query though: if an atheist asks a Muslim cake shop owner to bake a cake depicting the Prophet Muhammad on it, is it acceptable for the cake shop owner to refuse?



I did answer. I answered why the bakery shouldn't be able to refuse like they did the real case. Then I said why a bakery should be able to refuse as per your own example.
Original post by RVNmax
I did answer. I answered why the bakery shouldn't be able to refuse like they did the real case. Then I said why a bakery should be able to refuse as per your own example.


And so can a Muslim cake shop owner refuse to print an image of Prophet Muhammad with a speech bubble saying he supports gay marriage, if requested to by a gay atheist?

The moment where the arbitrary lines collide into a maelstrom of hypocrisy . . .
Original post by ClickItBack
And so can a Muslim cake shop owner refuse to print an image of Prophet Muhammad with a speech bubble saying he supports gay marriage, if requested to by a gay atheist?

The moment where the arbitrary lines collide into a maelstrom of hypocrisy . . .


When I said that he can refuse already, what makes it so different now.

Total opposite actually; no hypocrisy. I'm just carrying on with my previous stance that a bakery can refuse to put a prophet on a cake...
Original post by RVNmax
When I said that he can refuse already, what makes it so different now.

Total opposite actually; no hypocrisy. I'm just carrying on with my previous stance that a bakery can refuse to put a prophet on a cake...


Your position is entirely hypocritical. It causes no more harm to a gay person to be refused a pro-gay marriage slogan with or without the prophet. However in the former case you are prepared to completely ignore the religious justification for refusal of service; in the latter, you suddenly elevate that religious justification to override the pro-gay customer's 'right' to a cake with the message he/she wants.
Original post by ClickItBack
Your position is entirely hypocritical. It causes no more harm to a gay person to be refused a pro-gay marriage slogan with or without the prophet. However in the former case you are prepared to completely ignore the religious justification for refusal of service; in the latter, you suddenly elevate that religious justification to override the pro-gay customer's 'right' to a cake with the message he/she wants.


I gave justification. In the former case, yes I ignored the the religious justification as I explained. You cannot just allow what religion says over everything else. If some religion allows for murder, does it make it fine? no. It is not correct to discriminate based on sexuality. Unless you want to argue with that (which I asked in the first post) I shall carry on.
Then in the latter, you cannot do something wrong, just because you are doing something correct along with it. I didn't say the bakery can refuse it on the basis of the pro-gay message (whether religious agenda against that or not), but on the basis that the prophet cannot be put on the cake.
The message wanted, in relation to the prophet, is one that can be refused without causing harm.
I am not elevating religion, I am equating it with everything else as long as there is no harm caused (clash with another factor). Note that the bakery (even if Islamic) cannot refuse the pro-gay message (still assuming of course that they offer messages on cakes for other things), even though Islam is against homosexuality (AFAIK).

The fact that I sometimes discount religion is just like getting discriminated on the basis of height for theme park rides, where as most things in life you cannot do that. It's simply because there was a justifiable reason (to prevent harm).
(edited 9 years ago)
"My two cents. As much as I support gay marriage and the equality act, I think the bakery is not guilty as it stands. I don't see that they've discriminated against the customer because of his or her sexual orientation, but because of the political cause. They could reasonably be assumed to refuse were the customer straight (indeed did they even know the customer's sexuality?)."
Yeah, I think that's right. And regardless of the legal circumstances, this seems like a clear-cut case of a mean-spirited activist being manipulative and trying to sabotage someone's livelihood and reputation. I hope they fight the legal action.

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