“Discrimination” suggests that these vendors are being treated differently from other vendors, but that is not the case. If a state or municipality requires that public accommodations be provided equally regardless of sexual orientation, that applies equally to all businesses. There is not some perk or privilege that some businesses enjoy that these anti-gay vendors have been denied access to. Rather than being subjected to “discrimination, they are being held to the same consistent standard as everybody else. If it’s “
on the menu” at a public business, all protected classes must have equal access to that accommodation.
Discrimination Is Okay If Other Businesses Can Provide The Service
One of the arguments that proponents of these laws have made is that it’s okay to let one religious business owner discriminate because there will be plenty of other businesses that don’t. Here’s the Cato Institute’s Ilya Shapiro
making this point:
This isn’t the Jim Crow South; there are plenty of wedding photographers — over 100 in Albuquerque — and bakeries who would be willing to do business regardless of sexual orientation, and no state is enforcing segregation laws. I bet plenty of Arizona businesses would and do see more customers if they advertised that they welcomed the LGBT community.
Shapiro isn’t wrong, but nondiscrimination protections aren’t just about access; they’re about basic equality. The injustice occurs in the moment when the refusal of service occurs. It’s a message to same-sex couples that they are less than — that they don’t deserve the same access to public goods as other newly forming families. Nondiscrimination protections
literally mitigate harm by interrupting stigma. Other vendors can substitute the service, but they can’t undo the harm.
Moreover, Shapiro’s assumptions convey an urban bias. Attitudes toward LGBT people are
dramatically improving, but in rural areas, there often aren’t other many options for services. When one Washington lawmaker was trying to legalize discrimination, one of his staffers told a constituent that if gay people in rural areas couldn’t find a grocery store that served them, they “
can just grow their own food.” This is not a viable solution to guarantee equal access across society.
Dismantling The Religious Liberty Talking Points Used To Justify Anti-LGBT Discrimination ThinkProgress