“Bake Me a Cake”: Three Paths for Balancing Liberty and Equality

gayweddingcake

At the CU-Boulder “What’s Wrong?” blog, I respond to religious conservatives who claim that anti-discrimination laws that cover sexual orientation strip them of their liberty. From the essay:

It’s worth emphasizing, however, that this concern is not unique to same-sex marriage. Oregon prohibits discrimination in public accommodations on the basis of “race, color, religion, sex, sexual orientation, national origin, marital status or age . . .” If Ron and Nancy want a wedding cake, the Kleins may not refuse them on the grounds that one of them is previously divorced. If Rebecca and Mohammed want a wedding cake, the Kleins may not refuse them on the grounds that they have an interfaith relationship. If Richard and Mildred want a wedding cake, the Kleins may not refuse them on the grounds that they’re of different races—and so on.

Notice that virtually no one would frame these cases as “forcing” the Kleins to be “complicit” in the resulting marriages. That’s partly because there’s greater moral consensus on these other issues. But it’s also because people recognize that baking a wedding cake is not tantamount to participating in a marriage: If it were, there would be a lot of polygamous bakers in the world.

Read the full essay here.