Again, Cake shops, like any business, have the right to refuse their services/goods. Homosexuals, like any other human being, do not have an innate right to buy goods from that specific cake shop. No rights were violated, aside from the cake shop owner's right.Nibroc420
That remains to be seen.
From the article it is not clear whether the investigation of the complaint has been finished and / or what was the decision of the respective authority (The Bureau of Labor and Industries (BOLI)?).
But, to say the least... based on the wording of the description of Oregon's civil rights laws, that OP has provided a link to, i.e.:
Discrimination in Public Accommodation
A place of public accommodation is defined in state law as any place that offers the public accommodations, advantages, facilities or privileges, whether in the nature of goods, services, lodging, amusements or otherwise. It is illegal to discriminate in places of public accommodation on the basis of race, sex (including pregnancy), sexual orientation, national origin, religion, marital status, physical or mental disability, or age (18 years of age and older).
there is a room for interpretation of bakers' behaviour as discrimination since:
- the bakery seems to be able to meet the requirements of the definition of the place of public accomodation as it offered services
- the reason for turning the order from lesbian couple down seemed to be either their different sexual orientation or bakers' (different?) religion, none of which could be used as a basis for discrimination according to the text above.
Of course a real decision would have to be based on actual legal definitions and whatnot, but from that little info we have, it's definitely not obvious that it wasn't a discrimination (and thus violation of civil rights).
I want to know one thing that people have overlooked in this whole fiasco. Where did the couple get married since Oregon still has a law that states marriage is between a man and a woman.
MARRIAGE
106.010 Marriage as civil contract; age of parties. Marriage is a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150. [Amended by 1965 c.422 §1; 1975 c.583 §1]
While the state now has a domestic partnership law in place (2007 and is when discrimination against sexual orientation was made illegal too) so the state in and of itself still is discriminitory. By not allowing gay marriages, the state is in no postion to tell a business that it cannot discriminate. The laws are contradictory if you really look at it.
SourceWhiteKnight77
That's a an interesting point and I have no clue what to think about it.
Could that play a role in the decision about discrimination itself? What if the couple wanted to marry somewhere where the same sex marriages were sanctioned by the state? Or... even if the supposed marriage would be void by the Oregon's law, would that justify the right to refuse to bake a cake in celebration of such... void marriage?
I dunno. Not for now anyway. But it would be interesting to see what was (or would be) the decision of the authority to which the lesbian couple filed the complaint.
Log in to comment