Interesting that you mention a singer. Why should a singer be protected from being forced to provide service against his will but a floral aranger or cake decorater being forced to provide service against his will not be protected?
And a custom-decorated wedding cake or a specialty floral arangement is neither a flower or a hamburger. It’s not the item that is being sold, it’s the personal skill involved in providing the service.
Well, that’s not a **real **solution but it is part of the push to marginalize anyone who wants to provide a service while maintaining thier religious beliefs. There is one poster here who described his photography business. He takes requests and chooses who to take on as a client based on a questionairre. A baker could sell cookies and cupcakes to the “public” but do wedding cakes on a request and “as available” basis. Same thing for a florist - a dozen roses, or a bunch of daisies to the public but consultations on wedding arrangements are offered privately. Being choosy is not the same thing as discriminating. (at least not in the eyes of the law)
its a matter of degree. the skill in flower arrangement is probably trivial compared to a professional singer or an attorney’s services, although I’m open minded enough to hear the contrary from professional florists and that is how a court might entertain the problem.
singers and attorneys represent extremes in personal service contracts. everyone knows how awful contractually required albums can be, and if you force me into representing someone I don’t like for a crime I’m not prepared to defend (and there are very, very few of those), a gross perversion of justice would result that will leave me untouchable but my client behind bars. at the moment, I don’t put flower arrangers in that class.
I’d be careful before recommending evasions like private services offered only to certain members of the public. if the excluded class of people provokes a court to take a closer look at how services are denied and especially where the provider is using public utilities, communications, advertising even generally, then that tactic might not pass constitutional muster. if you wanted to try it, I’d make it a personal transaction, rather than a business to customer deal. flower company sells to flower company owner sells to wedding party. and keep good books.
remember, the people who are going to use that whip don’t care about whether or not the florist stays in business. the florist either provides services, pays fines, or goes out of business, its all the same to them.
the parent of this kind of discrimination is, of course, how states barred potential black voters from voting. indirect means that accomplish what one can’t do directly are still no-go.