Not true as a component of the law. The NM Law, which was the subject of the Photography case requires that the business not discriminate on the services offered based on sexual orientation. Not that they provide some services to everyone, but only a selected range of services to other - but the same services to each.
So let's compare using New Mexico's Supreme Court decision:
1) Cakes: If the bakery business is offering wedding cakes to heterosexual couples, but is refusing wedding cakes to homosexual couples - then the reason (even as stated by the bakery) for the denial was it was the sexual orientation of the participants. The bakery is not offering the same services based on sexual orientation. It's irrelevant that the bakery might sell them cupcakes for a birthday party or a pie for a retirement party. If the range of serivices is cupcakes, pies, birthday cakes and wedding cakes for heterosexuals but only cupcakes, pies, and birth day cakes for homosexuals - then the services are not the same.
2) KKK: If a Klan's man comes in an asks for a cake with KKK anti-black writing on it and the bakery says "I won't make the cake because you are white." Then the bakery is in violation of the law because their reason is based on race and they could bring dozens of white customers to testify and it would be irrelevant because they states the reason was race. If the Klansman could prove the baker said it was because they were white then legally they would loose the case. On the other hand if the bakery said they wouldn't make the cake because it was for a Klan rally, then the reason is not based on race, it's because of the Klan's political activities. Since political organizations are not protected under the NM Public Accommodation law they (the bakery) would win.
3) Just using NM as the standard for the example because the Bakery case has not been adjudicated yet and so there isn't a ruling to which to refer. In the matter of the NM law we have a standard set by the NM Supreme Court.
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1) The services might not be the same, however, the law is flawed when it comes to an allowance of personal convictions. Lets imagine that the couple in that bakery had been homosexual (male male, female female--whichever), and lets also say that instead of a Christian based theme, they had gay pride regalia smattered all over their website and on the walls of their store. Now, a Christian couple walks in asking for a cake for a wedding, they then proceed to inform the Christian couple that they only serve homosexuals. Would the law still be allowing for their (the homosexuals) convictions? Apparently yes, since in this current political climate they are on the opposite side of the coin. And like it or not, there is an obvious indifference towards the religious in this country being exercised by our government. Given recent Supreme Court rulings, you cannot expect that law to be applied fairly. I favor its repeal for that reason.
No it would not.
1) If the homosexual business owner denied a Christian couple a wedding cake, they also would be in violation of the law and the Christians could file a complaint with the State EEOC.
2) In this instance, I cannot say that this would be entirely applicable to this case. Due to established precedent on race relations, and for reasons I advocate wholly, it is unwise to discriminate based on race. Not only that, the Klansman will have over a half a century's worth of legal precedent to throw at the black bakery. The case in 1) isn't so cut an dry, I'm afraid. Personal convictions based on one's faith is a far different thing than convictions based on hatred and propaganda. One is clearly wrong whereas the other has a legitimate and Constitutional reason for his.
Please cite the legal precedence that applies in Oregon or New Mexico or the Federal Legal precedence that requires shop owners to service political organizations.
As mentioned above, if the shop owners tells the KKK that they won't sell them something because they are white, then the shop owner is in violation of the law - however the shop owner is wholly within the law to disallow the sales based on a political organization. (As previously mentioned the California Supreme Court has expanded that states Unhur Act to encompass all forms of discrimination, but that is not a standard applicable to other states or nationally.)
3) Even though the NM ruling set precedent, one critical matter is ignored: Constitutional freedom. According to the oft cited First Amendment to the United States Constitution, a person has the right to freely express himself, as well as freely practice whatever faith he believes in without any interference from the Governmental body. Given what is said in the Supremacy Clause, such rights trump any state law which may conflict with the person's First Amendment rights When I hear the term "freely" I assume that there are no limits, no strings attached. Given that, I assume that when I hear "free exercise of religion" I assume it to mean that a man of faith can freely reject things that fly in the face of his religious teachings, which should also then apply to this bakery's right to reject making products for or selling products to people who espouse ideals that violate their convictions based on such religious teachings. The biggest problem I have, is that a faith based couple has no ability to stand up for their convictions without being torn down or brought to their knees by their own government, who claims to espouse upholding the people's constitutional rights.
#1 - They are free to exercise their religion. Under the laws in Oregon, they are not free to conduct discriminatory business practices when the run a business classified as a Public Accommodation. If their religion bars them from performing certain actions because of their faith, they are free not to offer those services. However when they do offer those services they must be prepared to provide them equally to all members of the Public for which there are legal protections.
#2 - They are also free, under the law as explained by the NM Supreme Court, to exercise free speech and plaster their business with their religious viewpoint. However under the law they are not allowed to have their business function in a discriminatory manner.
Public Accommodation laws in general should be repealed because they infringe on the property rights of the private business owner. There does not need to be "special privileges" based on religion not available to other private businesses.
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