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If you are concerned about conservative judges, then perhaps you would not be very comfortable about a conservative judiciary deciding about what should be the full scope and extent of a broad right not to be subjected to any discriminatory practice on the basis of creed and what the "full and...

I am wondering what you think judges actually do. There's this thing in law school called "statutory interpretation". There are interpretative doctrines such as the doctrine of purposive construction, etc. If a claim in a patent uses the word "vertical", do you that this would present...

If judges were generally that dumb then no law whatsoever would work. I feel comfortable with a judge/adjudicator having to decide on whether products are "identical products" as contemplated by the statute.

You could avoid the contention about meaning by specifying in the statute that where the service is the production of a manufactured product the service shall be considered identical if the manufactured product is identical. Problem solved.

Statutes that create broadly formulated rights tend to task adjudicators (typically lawyers) with making essentially political decisions.

I would say, if we are comparing products, a made-to-order cake is only identical to another made-to-order cake if the cakes are physically identical. A comparison of whether a service is identical to another service is a more potentially contentious comparison (since services can be...

The baker may argue that he is not compelled to make the requested cake since he does not provide identical cakes to others, whether off-the-shelf or made-to-order. I would agree that "identical" works more easily with a comparison between off-the-shelf products than a comparison between...

Seriously? :biggrina:

I am not sure what you mean by "holds their politics as a religious belief". What I would say is that it is possible for atheists to across as quite religiousy when they discuss politics, hence terms like "woke religion" can seem apt.

Perhaps you misunderstand me. I mean the authorities (state administrators in this case) who decide whether there is non-compliance with the law not being even-handed.

The statute itself (which I understand is Colorado's public accommodation law which James Madison has quoted) has a religiousy feel to it: [emphasis in text removed] The statute appears to be aimed at providing a person with a general, broad right not to be discriminated against by other...

The distinction is between a product which is manufactured and customised for a specific purpose and one that is not as I am against compelled expression. I am okay with the baker asking whatever questions he likes. The customer may or may not answer and the baker may or may not proceed with...

I would say that I am generally against compelled expression. So if you approached a white/black nationalist who was against miscegenation and he refused to bake you a cake which said "Mixed marriages are awesome" I would be against the law intervening. If the cake is just a generic wedding...

I was actually referring to the cake-to-celebrate-the-cruxifiction example.

Or a personal conviction.

Avoidance of unjust discrimination is one value and avoidance of compelled expression is another. For me to feel oppressed by the refusal of a religious baker to create a cake for me decorated with the words "God is Dead" is to take the "Customer is Queen" notion to absurd lengths.

A more common example would be wedding cakes. In general, I don't like the idea of a baker refusing to do business at all with gay/straight persons just because they are gay/straight so I would be against the baker not selling any off-the-shelf cakes to gay/straight people just because they are...

Maybe the Baker suspects the Customer is being a sex pest and feels humiliated by the request. Who knows. Generally, I don't like forcing people to do things they don't want to do. Why is there a compelling reason for force the baker to make the cake?

The baker changed his mind after getting more information. So?

Perhaps it's more like this... Customer: Hi, can I have a penis cake? Baker: No, I don't make penis cakes. Customer: Oh. Then, can I have a carrot cake? Baker: Sure. Customer: Great, the carrot symbolizes a penis. Baker: Now I don't feel like baking you a carrot cake. Customer: Help, I'm being...