Quantum Windbag
Gold Member
- May 9, 2010
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I ask this not only for a cake making company which is expressly muslim, but also for any private cakemaker not publicly affiliated with a Muslim company but who on religious principle must refuse to depict the Prophet Muhammed in any way shape or form.
If I, for any reason, demanded for my wedding or some other event that a muslim cake maker make me a cake with the prophet Muhammed's personage depicted on it, can I sue that person for not making that cake for me?
Discuss.
You could sue but youd not get very far.
Given the fact that a Muslim baker doesnt depict the Prophet Muhammad on cakes as a rule, and that you dont belong to a particular class of persons, no civil rights or public accommodations laws have been violated, and consequently no lawsuit would be valid.
Even if you belonged to a particular class of persons, no violations would have taken place, as youre requesting a good or service the baker does not provide in the first place.
Let us imagine a scenario that covers your perfunctory objections.
Let us imagine that a Muslim owned bakery that advertises special order cakes for parties. Further imagine that this baker makes a practice of baking cakes for all different types of parties, from corporate shindigs to birthdays, and that they have perfected a propitiatory method of taking any picture, including portraits, onto cakes. They even have an album available showing some of their work, and it includes examples of everything from the Last Supper to a picture drawn by a child for their mother's birthday.
Now let us assume that the local Nation of Islam mosque obtained "Muhammad at the Ka'ba" and wanted to celebrate hanging it with a cake depicting the artwork. They do a little research, and isvoer that a baker just down the street is famous for the way they reproduce works of art in cakes. We now have a business that is open to the public that is being asked to do what they normally do as part of their business, and a member of a protected class under US law asking them to do it. We also have a Muslim who suddenly objects to doing that on religious grounds, and a pissed of member of a victim class that wants to get back at them for killing Malcolm X, so they sue
What should the courts say?