There is a MAJOR LEGAL difference between discriminating against customers vs. discrimination in what SERVICES are offered to customers.
First, there are many who argue for the right to fully discriminate, like "it's my business and I should be able to choose who I do any business with". I don't think that's an acceptable position, JMO.
Second, with respect to what services are offered, that's kind of a slippery slope I think. Who decides what is not offered and to whom and for what reason? I think each state will have to make the criteria for that, which is maybe the only acceptable way out of this mess. The SCOTUS has ruled however, that said criteria and resulting decisions must be made impartially, without bias one way or the other.
Third, if it's me, I think any judgment made should include the circumstances of availability. It's one thing if you're the only baker within 50 miles, but it's another if there are 50 other bakers within like 10 miles. Will the baker create a basic cake for you but not decorate it? Am I to believe the complainants can't find somebody to decorate a wedding cake? You can buy same the plastic sex wedding couple thing that you put on top yourself for like $10. We oughta get back to live and let live and stop trying to use the law as a weapon IMHO.
What I suggest is that businesses make their policies clear to customers, such as if they have certain dress codes or firearm policies, or special places if people smoke, have service animals, or need other accommodations such as disabled access.
Maybe we need a clearly posted and large sign that says your business is fully accommodating, or is limited. There are already laws for dress, cleanliness, guns, smoking, and the rest. Nothing wrong with requiring shoes and a shirt. And pants or skirt or dress.
For issues of services, such as wedding services that may or may not accommodate same sex ceremonies or printing services that may have objections to political content, what I recommend is that businesses have clients or potential clients sign user agreements up front that include MEDIATION waivers: in case of disputes involving personal differences, beliefs or creative decisions involving artistic content, BOTH parties agree to conflict resolution to resolve the disputes amicably to avoid legal action or expenses.
God Damn lawyers! [No offense if you are one] IMHO, if you post a clear and large sign that says you are a Limited Accommodation business and you will provide basic products to all but not necessarily artistic services, then you oughta be covered. I'd require a sign that says you are a Christian business and you will bake a basic cake to anyone but not decorate or deliver it. Be upfront about it, it's hard to believe that the happy couple doesn't know anybody that can make or buy the cake besides teh Christian business.
If they cannot resolve the dispute by free mediation, they agree to refrain from conducting business relations. This way, neither side is punished or punishes the other because of differences in beliefs or preferences including creative decisions. This is to prevent discrimination by either side, where they both hold each other faultless over differences but either agree to resolve conflicts or agree not to do business together to avoid legal issues.
I think we need to get the courts out of the business of deciding who has been damaged and who hasn't, and I think it starts with a declaration for all customers to see, that tells them up front what the deal is.
