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this post was submitted on 01 Jul 2023
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Malicious Compliance
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You’re right, and it doesn’t to me either, and I feel that it’s wrong, and I wouldn’t go and get a cake made with someone I know does this. I also think that you and I would agree on more than not. I’ll also add that I don’t have a dog in the religion debate here. But I still feel very strongly that in a free society it is their right not not be compelled to write something which directly contradicts their belief. I’ll need to think about this more in general, I might end up changing my mind on it, but at least for right now the right to not have to say something you don’t believe feels important to me. Let me ask you this, if an atheist baker were asked to write “Jesus is Lord” on a cake and said no, would you take issue with that? I wouldn’t; I’d argue that is a very clean first amendment right, and an important part of living in a liberal society. I also would go as far as to say that isn’t even intolerance from the atheist, it’s simply them believing something.
To your second point, while I agree that a business owner should not discriminate against a particular demographic, I’m not sure I’d go all out on any time someone says this they’re discriminating. Every religion and value system has prohibitions, and few of them are aligned. It’s possible to respectfully decline to do something as it directly contradicts your beliefs. Now if your beliefs are discriminatory, that’s a different and more complex question entirely. I’m not sure what to think about that case.
To me there needs to be a distinction between a business and a person. Sure maybe a person can't be compelled to do something against their beliefs, but a business can't claim to have beliefs and therefore can be compelled to do whatever the law requires.
And claiming religious beliefs isn't a card you can lay down anytime you want to get out of your responsibilities. I mean if I claim that paying taxes is against my religious beliefs do you think the government shouldn't be able to compel me to pay taxes simply because it's against my religious beliefs?
There's always an element of common sense judgement needed in the law which is why the people that do that are called Judges. So if in our best judgement these people simply don't like gay people and in our judgement they're just using religion as a way to trick people into thinking they're motives are based in religion and not based off on their prejudice, then what is the decision? To go along with their trickery that's using religion as an excuse? Or just tell them their arguments about religion is bullshitt and they have to get over their dislike of gay people and follow the law?
The problem here is members of Supreme court are willing to abdicate their responsibility to use judgement and go along with the obvious trickery because they share the baker's dislike for gay people.
I think that I agree with you in general on your first point. A business isn't a person, it doesn't have a religion, it can't have an opinion on people. But we're talking about a small business. If someone is running a web design company, they don't have a huge staff, they're just one person, so their individual convictions are at play, don't you think?
The example you give in your second point isn't quite congruent with this case, taxes are not speech. We're talking about speech. Now I have a personal conviction that the USA shouldn't be spending nearly so much on the military, but unfortunately for me, my taxes, and many people around the world, I don't have a say in the matter. If someone said something like "I don't want to pay this tax because it's being spent on something antithetical to my religious belief" even there, it's not speech.