Well, no. They no longer have the right to disagree. A gay caterer, by law, must service a straight pride event. They can't discriminate against the event organizers because of their sexual orientation.
It's stupid that the state can force you to engage in trade with someone you don't want to.
Intrastate commerce is a power retained by the State. Thus, its their business if they decide it is and it doesn't violate rights. See Article 1, Section 8 Clause 3....along with the 10th amendment. Its perfectly constitutional.
Because they decide it is.
Let's hope they don't decide it's double-plus good to crucify all redheads. Because I guess if they decided to do so, that law would be just too.
The rights that are protected by a State aren't limited to federally protected rights. Many States can and do have far more extensive protections for people than the federal government recognizes. And that's totally within the power of a People of a State to do.
Federal Protections establish the baseline minimum of rights. Not the maximum. And if the people of State decide that you have a right to be free from discrimination based on sexual orientation when conducting acts of commerce, they have every authority to protect that right.
The only thing that could practically trump them would be federal amendment......or a violation of federal rights. Neither of which are an issue with PA laws.
The government should, you know...govern.
And per the people of some states, protecting rights to freedom from discrimination based on sexual orientation (or race, or sex, or religion, or ethnicity) in acts of commerce is governing.
And as long as they don't violate individual rights or the constitution, they have every authority to do so. That you 'don't think they should' is immaterial. What matters is what the relevant majority thinks.....constrained by the constitution and individual rights. Within those limitations, in any contest between you and the relevant majority of the State, the relevant majority wins.
That's our constitutional republic. If you don't like it, convince the relevant majority to change it.
That's what I'm doing.
Not terribly well. As your argument ignores exploitation, wild disparities of power, injustice, and harm that people recognize and can see. And you're pretending that they either don't exist.....or that they aren't something that society should use government to fix.
Society overwhelmingly disagrees. Most rational people recognize that any concentration of power left unchecked will be abused. And just because that concentration of power is in private hands doesn't make it any less capable of being abused, or any less exploitative or unjust.
Most people have a sense of fairness that would extend preventing such exploitation and injustice. And under our constitution, within their state, and within the bounds of individual rights.....they most definitely have the authority to prevent it.
Insisting that they shouldn't......isn't a particularly compelling argument.