Wedding Cakes for Same Sex Couples

Bill of RightsAmendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Declaration of Independence - We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights,

In this situation two basic rights are at odds. Pursuit of Happiness and the Free Exercising of Religion. Everyone has both these rights. It would diminish both of the freedoms if either were to take precedence over the other for individuals. This question is whether businesses open to the public can refuse service. Many business have signs saying they have the right to refuse service to anyone and with a legit business reason can do so. Does the guaranteed right to public access mean the business owner's private right to exclude is violated? For the most part, courts have decided that the constitutional interest in providing equal access to public accommodations outweighs the individual liberties involved. Some states laws are more encompassing like California and some states Idaho is less. Most business do not want to alienate customers and are supportive of human rights as good business. Customers can vote with their feet as well and find a business that suits their values. But we do lose valuable faith based service providers as Ariel pointed out in the case of Catholic Charities and adoption services. A void in the adoption services maybe eventually be filled by for profit services which may never be as good. Human rights is an opportunity for people to share and understand others point of view. Bakers can share their faith and values while pausing to understand the people they serve. Maturity and striving to understand helps prevent fear, defensive reactions and the going to war mentality. Lets be grown up about this.