Christian caterers should only serve weddings via direct contracts with churches.
Fabulous idea!
"... bakers, photographers and others who provide wedding-related services should engage in exclusive and direct contracts with Bible-believing churches.
"While these business owners could still serve the general public — gays and lesbians included — for other occasions related to their services, weddings would only be afforded to contracted houses of worship and their affiliated church members.
“To have them engage in contractual obligations within their faith communities and not offer those services to the general public,” Conner said. “To kind of reclaim the sanctity of marriage, which the church has lost. We’ve done some things to lose some ground on some of these issues by not holding marriage in high enough value.”
"Conner expanded on this work-around in
a post published on Charisma News, in which he emphasized that these contracts between wedding-related businesses and churches would need to be “exclusive and binding,” claiming that the Supreme Court would have a hard time undoing contract laws that have been established.
“Christian merchants who serve weddings can protect their religious liberty by only offering their services to Christian Churches in exclusive, binding contracts,” he
wrote. “Merchants can continue to provide all other services as usual, but protect the free practice of their faith by contracting exclusively and specifically with Bible believing congregations to provide wedding services for their members.”
"Conner continued, “Merchants would not be limited to only one faith community, but would be free from offering wedding services to the general public.”
Pastor Unveils Gay Wedding Strategy That He Says Could Turn the Debate Over Christian Business Owners and Same-Sex Nuptials on Its Head TheBlaze.com
Wouldn't work. The courts would pierce that contractual veil in a heartbeat, and I see the pun. You can sure try but it won't work for most couples or in most cases. The church and the individual have an equal standing to make a contract. If the services were only offered to one, without the vendor being established a "religious" entity, it wouldn't pass the courts. Since those kind of wedding services are not aspects of faith, it would die in the first hearing.
If you only sell wedding cakes to churches, but you are a PA, the first time another corporate entity, say a movie studio, wants one, you're fucked if you don't make it.
Not even close. The PA part is general baked goods. That's all that is offered to the public. Wedding cakes are not offered to the public. The service would have to be paid for through the contracting parties.
The PA part comes with the business, not the offerings. The entire business would have to be only baked goods sold under contract, which means it wouldn't be a PA.
Or, you could try to establish it as a religious entity, like a monastery that makes coffee. That would be a serious stretch in this case.
You are wrong. Just wrong. A contract is defined by the terms of the contract. If the terms only include wedding cakes it includes nothing else. If the contract is to supply brownies to the military it doesn't include cookies.
No, I'm not wrong. You cannot be both a PA and a private not open to the public firm at the very same time. You would have to be two firms with a joint-operating agreement to use the "shared" facilities. If a customer walks in a sees a wedding cake for sale, you're screwed because in the front you are a PA, which makes the entire business a PA. It's not the offerings that make the difference, it's the setting.
And just because you make brownies on the one contract and cookies on another if they want to write new contracts for both, both have to be offered.
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Public accommodations
From Wikipedia, the free encyclopedia
Within US law,
public accommodations are generally defined as entities, both public and private, that are used by the public. Examples include
retail stores,
rental establishments and service establishments, as well as
educational institutions,
recreational facilities and
service centers. Private clubs and religious institutions were exempt. However, in 1984, the
United States Supreme Court declared the previously all-male
Junior Chamber International, a
chamber of Commerce organization for persons between the ages of eighteen and thirty-six, to be a public accommodation, which compelled the admission of women into the ranks.
[1]
Under United States federal law, public accommodations must be handicap-accessible and must not discriminate on the basis of race, color, religion, or national origin.
[2][3] The US states, in various non-uniform laws, also provide for non-discrimination in public accommodation."