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Car dealers cannot discriminate against people for car sales based on whether they like them or not. They'll get sued and the persons suing them will likely win.
A dealer is running a business with a license. A private seller can be more discriminating if they choose, though it strikes me odd that anyone would want to discount a potential buyer if they were making a reasonable offer to purchase, based on something like race, gender, ethnicity, sexual orientation, etc.
For instance, those of the Jewish faith must abide by the dietary laws (kosher) of the Torah. For example, one is prohibited from cooking a baby goat in the milk of its mother (I assume other goat's milk is a-ok).
Anyway, if you have a 'kosher' bakery (meaning, it has been so certified as such) that sells kosher cake, I would support the bakery in not accepting an order in which the customer demanded a 'non-kosher' cake*, for baking such a cake within such bakery would render the bakery 'non-kosher'. It would ruin the business.
Now, as for the Christian baker at issue, he was not being asked to violate any such religious guidelines concerning the 'act' of baking. There are not, to my knowledge, a 'gay' style of baking a cake, versus a 'non-gay' style. The Christian baker was making an independent judgment of the customer, and found the customer lacking the moral standards that the Christian baker demands, presumably, of all of his customers. I do wonder if I, or Ted Cruz (see porn thread) would pass muster.
*Some frostings are made food coloring derived from shellfish, which is 'not kosher'.
Is baking a cake a religious act? (religious being in a strict literal sense)
Are having facial hair, wearing a head covering, fasting, drinking wine, going to Mecca, using peyote, eating meat and fish from separate plates, and body piercings religious acts. Depends.
Ridiculous effort to mock the baker.
Last edited by jazzarama; 09-12-2017 at 08:08 AM..
Nope. Just the practice of issuing licenses to sell.
Those licenses are dependent on following certain rules and anti-discrimination policies are in there.
Violate those and lose the license and what will one do with one's inventory?
So if you want to sell cars for a living, you must first ask permi$$ion from the state, and if granted permi$$ion, you must sell a car to whoever the state says? What part of the business does the car dealer own again?
It can be. Its like asking does drinking wine constitute part of a religious ceremony. If your doing on your couch binge watching murder she wrote then no. If its part of some religious ceremony then yes.
But, if you list it on the MLS? Nope. This is often why nobody introduces prospective buyers to sellers.
I was referring to deed restrictions that limited the ownership of a house by declaring that all future ownership must meet a certain "acceptable" racial profile. These deed restrictions were rampant in the first part of the 20th Century, up until the Supreme Court declared them unconstitutional in Shelley v Kraemer (1948).
As for a For Sale By Owner, IMO it could get slippery - the seller, if it's obvious that the matter of the potential buyer's race, religion, ethnic origin, or sexual orientation played a part in the decision to not sell, could open the seller to a lawsuit.
Not the cake itself, but the decorations could be. If some liberal ordered a cake decorated with a statue of white cop beating up a black thug, the baker has a right to refuse putting that decoration on. But I think they are obligated to make the cake itself with standard frosting.
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