It's still strikes me as kind of nuts that he can't.
I don't know that it is. A backed up toilet is a health hazard. Public health is a valid interest of the state.
See, now we're getting in more special carve outs. Only
some people in
some businesses get to discriminate?
Yes. Where is the line? Let's say I am a doctor. I walk along the street and there is a man dressed in one of those spiffy sheets with the eye holes. The man clutches his chest suddenly and falls to the ground. Can I just step over him because I don't like his fashion sense?
The law varies on that from state to state. The problem comes that if the doctor abides by a good samaritan law and tends to the white sheeted guy and something goes wrong, can the doctor be sued? Or anybody else who assists the person? If so, then there should be no requirement that any person be required to assume that risk.
While I never completely trust Wiki to get it exactly right, there is a really good discussion on this in the Common Law section here:
Duty to rescue - Wikipedia the free encyclopedia
The bottom line is that if we are each at liberty to life, liberty, and the pursuit of happiness. should the government be given authority to require one person to be in servitude to another person in any way? The exception would be in social contract that would require a person to be non discriminatory in their business or in a legal marriage contract that assumes certain responsibilities of husband and wife to each other and to their children. The reasoning is that those entering into business or marriage willingly assume specific responsibilities by virtue of their license/contract.
So then we get to the sticky wicket of how much must be required of a person in order to be in business? And does that include forcing the person to set aside all his religious, moral, and ethical convictions?
So I solve that problem with my conviction that yes, the person should serve even the person he abhors in his own place of business. But he should not be required to provide service at an EVENT which goes against his religious, moral, or ethical convictions. To me that is a perfectly reasonable compromise to achieve equal protection under the law.