More or less, I just find it silly how there can be controversy over a cake. Of all the sins in the world.
My question back to the OP is: Does it have to be a sin for one to say I choose not to participate in the celebration of a union that: (1) I do not believe to be in the best interests of the two people participating; (2) I do not believe to be in the best interests of society to recognize; and (3) that is a public attempt to legitimize a homosexual act, which my faith informs me is intrinsically and objectively immoral.
There is a clash of rights here. There are the rights of the same-sex couple to have their union recognized by the state (assuming they live in one of the 36 states that recognize so-called “gay marriage” or DC) But there are also the rights of the shop owners to the free exercise of religion. As the law presently stands, the gay couple, because they are the consumers and not the business owners, will prevail in most states that recognize their union under law, and services will have to be provided even if the shop owner objects to their status on religious grounds.
Further, the attempt to differentiate between status (as same-sex attracted) and conduct (so-called “gay wedding”) has not been recognized by the courts as of yet. My opinion is that the distinction is too fine to make an impact. Be that as it may, perhaps one alternative is the following, which would re-cast the clash of rights as a free speech issue.
Please consider the following:
A gay couple spoiling for a lawsuit enter a bakery they know is owned by a devout christian family. They let the owner know that they are a gay couple and demand a wedding cake for their ceremony. The owner asks them if they are sure they want to use his store, because he is personally opposed to the redefinition of marriage. The couple insists they want to go forward.
The baker hands the gay couple a written policy and agreement to be signed by them. This policy is the same policy presented to every customer that orders a wedding cake. It applies evenly and without regard to all customers regardless of race, nationality, religion, gender, sexual orientation, etc, and states something like the following:
(a) the baker has absolute artistic control over the product that will be delivered, regardless of the stated desires of the customer; that the baker is the artist and his or her baked goods are an artistic expression protected under the First Amendment, and necessarily colored and impacted by his or her own thoughts, perceptions, ideas, beliefs, morals, and religious practices. This expression is owned in copyright by the baker, who retains absolute control over the finished product;
(b) the product will be warranted to comply with the food standards of the local district (i.e. it will be edible) and any and all other warranties, express or implied, are hereby waived;
(c) a full and non-refundable deposit is required at the time of ordering;
(d) any dispute between the customer and the owner will be resolved by binding arbitration, each party to pay its own fees and costs, with the customer waiving to the fullest extent allowed at law, any right to a trial.
NOTE: The above is not offered as legal advice, but merely to stimulate the conversation. The laws vary from state to state, and from jurisdiction to jurisdiction, so I do not warrant any of the above to be applicable in any given jurisdiction or state.
The baker tells the couple that it is store policy to obtain a signed agreement before any wedding cake is prepared, because it is an expensive process that requires not only a financial commitment by the store, but time and artistic talent to complete. Again, the baker reminds the couple that he has absolute creative control over every cake that leaves the store.
My guess is that if a baker required the above from every customer who purchased a wedding cake, in light of the current political climate, most would sign while the activist who walks in hoping to score some publicity and another easy legal win will move on to the next shop down the street.
Peace,
Robert