A conservative who thought he was being clever recently called a bunch of bakeries owned by gays and demanded that they make him a cake saying “Gay marriage is wrong” and all said no.
Well, no, there isn’t. A bakery has the right to say they won’t make a cake that says “gay marriage is wrong” or “gay marriage is right” or “support Barack Obama” or “Vote Republican.”
If a bakery gladly makes penis-shaped cakes for heterosexual parties but refuses to make one for a homosexual party, then I think that is wrong. Clearly, they do not object to what they are making at that point, just who they are selling to. And that’s the problem. It’s the exact same product!
If you offer a product to the world, you should not be allowed to discriminate. You can’t say “I will sell this wedding cake design to everyone except the Irish,” for instance. And that’s the issue — when a gay couple asks a baker to give them a cake exactly like a straight couple gets, the bakery should not be allowed to say no. (I say “should” because in most states, it is perfectly legal for individuals to discriminate against gays, even when the state can’t discriminate.)
This is different from a service. A band can certainly refuse to play at a KKK rally or even a “Ted Cruz for President” event. A caterer can say that they don’t want to cater to you. A hall can refuse to rent to a group it disagrees with. I, as a lawyer, do not have to accept every single client that comes into my office with money.
There are plenty of gray areas here, but I think this is the basic distinction that many do not understand (or agree with).