Does the Constitution Force Bakers to Bake?

Photo Credit: Getty Images

Photo Credit: Getty Images

Several recent court cases have resulted in small business owners, who create the wares and services that they sell, being ordered by a judge to sell their custom-made products (e.g., wedding cakes and floral arrangements) or services (e.g., wedding photography) to gay couples despite the small business owners’ refusal to do so based on their religious principles.

If the business in question sold standard, mass-produced items, such as rings, then denying gay couples the right to purchase such things would be clearly discriminatory in the same way that a realtor would be discriminating if they refused to show a house that was for sale to any and all interested potential buyers. The sexual orientation of the buyers should not be an issue in that sort of transaction.

However, the sensitivities of gay couples who claim to feel slighted is not the real issue. The plaintiff in a recent wedding cake related suit, one David Mullins, is reported to have said:

Being denied service by Masterpiece Cakeshop [the defendant] was offensive and dehumanizing especially in the midst of arranging what should be a joyful family celebration.

While vigorously defending the plaintiffs’ claims that they have a right not to be offended, the judge, the ACLU, and others in the LGBT community seem to be ignoring (in this particular case) the rights of the baker who chose not to fulfill the plaintiffs’ request. Most people would immediately think of the 1st Amendment’s protection of freedom of religion, but in truth that is not the most relevant part of the Constitution here. It is the 13th Amendment, Section 1, which should be the controlling part of the legal debate in this situation.

Read more from this story HERE.

  • James

    You have the right to refuse business to anyone. The queers just want to get the gay card. They want it so that they get first choice of jobs, promotions, housing, and everything else. If they don’t they will sue
    claiming discrimination. We already see this happening and they really don’t have the national law yet. So, any congressman or politician that supports the gay is robbing you of a chance for a job, a promotion, a house and many other things.

  • akprayingmom

    When homosexuals are offended, their every whim is catered to and lauded. Why is it when private Christian citizens and businesses are offended by being forced in to involuntary servitude to those that violate their core values and principles, Christians are labeled racist, anti-freedom, hate mongers and slandered, mocked, and demonized as unAmerican?

  • gracentruth

    sodomy is more dehumanizing than a business owner running his/her own business. This includes every aspect, including wages and insurance. Peace,