Can you discriminate against everyone? If so, it's simply the product is not offered.
Mr. Phillips never tried to claim he didn't sell the product, he freely admits to providing wedding cakes.
You can even view his catalog on his website.
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He has same sex wedding cakes in his catalog?
Link?
The product is wedding cakes.
Not the people buying them.
But you knew that.
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Jewish delis sell sandwiches as their product. muslim delis sell falafels. Request extra bacon and ham on yours.
Sure love bacon and ham, if the Jewish or Muslim deli sells it I'd order it with extra bacon.
But if they don't offer it on the menu though I'm SOL. PA laws do not mandate what goods and services a business offeres, only that if they choose to offer them they cannot refuse service based on certain characteristics of the customers. Like the baker did. The difference is, under your silly attempt at a gotcha, is the Baker, buy his own admission sells wedding cakes.
But you are barking up the wrong tree, I think PA laws as applied to private business entities should be repealed and private business owners able to refuse service for any reason they want equally. The law as it is though is unequal - IMHO - because the baker wants an exemption to discriminate against gays because of his religious beliefs but a gay shop owner would be held in violation of the law if they discriminate against a religious person for their religious beliefs.
If the baker can discriminate against gays because of their religious beliefs - gays should be able to discriminate against the baker for those religious beliefs.
The KKK baker should be able to discriminate against blacks.
The Jewish deli owner against Muslims.
The Muslim deli owner against Jews.
The redneck baker against Mexicans,
etc.
etc.
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