Conflicting rights

 

 

 

 

 

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When I was young, signs like this were in every establishment. They often applied to me and my friends, as “hippies” were not always a widely accepted group. I suspect they were used to enforce a variety of personal prejudices, but to me they meant “We would rather avoid an argument than accept your business”.

Even Jack Nicholson didn’t get what he wanted.

There is a bill in Arizona, passed by the legislature and awaiting the governor’s signature, that reminds me of why I love Arizona. Arizona is America’s crazy uncle, the one who gets invited to Thanksgiving dinner because he’s part of the family, but we keep him away from the dinner conversation. We love him, but his ideas are just a little edgy.

The bill provides the right to refuse service if such service violates one’s religious beliefs. It has been interpreted by some as legalizing discrimination, and by others as protecting business owners against discrimination.

Personally, I’m of mixed feelings. It’s not a complicated bill (read it again, it’s only two pages), it’s just a complicated application. If you refuse service to someone based on your religious beliefs, that person cannot sue you for discriminating against them. Well, they can, you just have a codified defense.

The conflict itself is multi-layered. It is framed as a gay rights issue, so I will address it in that context. A business owner (in this case a bakery) refused to make a cake for a gay wedding. The owner stated she believed that gay marriage is a sin, and that baking a cake for the wedding would be supporting a sin. The couple decided that instead of going to another baker they would go to the newspaper. Another baker provided a cake for free and the bad press put the original bakery out of business. Free market forces win, but the story doesn’t end there.

Several other similar cases have occurred around the country, with bakers and wedding photographers taking a beating because they placed their beliefs before profits. That should be their right. I say that from a religious, economic, and social point of view. The state should not be capable of forcing you to do business with anyone.

Simply going to another provider is not sufficient for some people, and they bring suit against the business. This has happened in Connecticut, Kansas, Colorado, and New Mexico in the last few months, so Arizona decided to pass a statute that would protect business owners from such legal action.

Unlike other groups that are discriminated against, gay people are not always obviously gay people. Unless they’re getting married, and the absence of a member of the opposite sex in the couple is obvious. It is unlikely that the same gay couple in Arizona would have been denied the opportunity to purchase cupcakes from the baker, and if they had ordered a wedding cake without a same sex couple atop no one would have noticed, so the issues that have brought about this bill stem directly from gay marriage.

So in some ways this takes the issue from “Do you accept gay marriage?” to “Do you promote gay marriage?”. The arguments from both sides that are surfacing are reflecting the “Not in my backyard” or NIMBY emotions of many otherwise “liberal” people. It turns out everyone doesn’t feel the same way about this, or there may be shades between the black and white positions that have been staked out. The bill is designed to protect business owners in the practice of their beliefs, it does not single out a single religion or reason for being denied service. It could apply to anyone, at anytime. Without this bill it would be possible to sue a Halal butcher because he would not provide a roast pig.

What bothers me in all this is the divisiveness it accentuates. For one thing, the baker in question happened to be Christian. If there’s anyone who thinks Christians are more opposed to homosexuality than Muslims, or any other religions, please remove your head from the sand. The situation has been the exclusive realm for Christian bashers anyway, with headlines like “Would Jesus bake a gay wedding cake?”. The answer is an obvious NO, Jesus was a fisherman, not a baker. Please stop trying to define a religion you have rejected.

A person’s right to their sexual orientation does not override another person’s right to practice their religion. And vice versa. Just because photographer “A” won’t take pictures at your wedding doesn’t mean you can’t get married, or that no one else will take the gig. You have a right to be married, photographed, and served cake, just not by the individual of your choice. They have the right to say “No thank you”, you shouldn’t be able to sue them.

In this world, we make choices. If someone wishes to alienate a segment of the population (and their supporters), taking the gamble they will make up the lost business with like minded people, they should be able to do so. This is what capitalism is all about, doing what you believe in, not simply selling your soul for profits. That’s the edgy part about our crazy uncle’s ideas. They make a certain amount of sense to all of us.