Encyclopedia of Opinion
Question
#CakeGate: can you refuse service on the basis of faith?
Position4 of 4
Some kinds of service can be refused on grounds of religion but not all
Argument

Service should not be denied because of someone’s view on identity

The idea of what identity is has changed considerably over the last couple of decades. Gender and sexuality have become more diverse than it was in the early 21st century. Unfortunately, many religions don’t approve of these changes because they don’t acknowledge them as identity.

The argument

The idea of identity has changed over the years. People used to identify mostly as heterosexual and cisgender. Currently people can be gay, asexual, transgender, or non-conforming. But new identities have butt heads with religion. Some religious beliefs, especially Christianity, believe that there should only be two genders and heterosexuality. Homosexuality is considered a sin to these beliefs. However, as the world changes, what might be considered sin to one person, is the identity of another. It would be insensitive to decide that one’s identity doesn’t matter because it’s different from the norm. This also applies to service to customers. Service should not be denied to someone who identifies differently than past standards. Identity is who someone is. That’s something that no one can change.

Context

Homosexuality and sexualities beyond heterosexual behavior has been regarded as unnatural for centuries. Often, people who weren’t heterosexual were murdered or mistreated. He same went for people who identified as a gender other than male or female. In 2009, the Matthew Shephard Act became a new anti-hate law against people who weren’t heterosexual. In 2015, the Supreme Court could not ban same sex marriage. In 2017, transgender individuals were acknowledged for the gender they transitioned to. Society has changed to include people of all genders and sexualities as equal.

Premises

[P1]Identity has expanded beyond the old heterosexual, cisgender norm to include gay, asexual, transgender, and non-conforming people. [P2] Some religious beliefs treat these identities as sin, but what one faith calls sin is another person's core identity, which they cannot change. [P3] It would be insensitive to deny that someone's identity matters simply because it differs from past standards, and that applies to serving customers. [C] Therefore, because service should not be denied because of someone's view on identity, only some kinds of service may be refused on religious grounds, not all.

Counter-arguments

Religious people believe religion is their identity. Identity is a set of values that someone upholds in their life. Religious people follow their religion to the point of changing their diet and lifestyle. Since religion is someone’s identity too, it would be impossible to punish a business owner for being who they are. Business owners put their values into their business. Their religious identity goes alongside their work. They pour their lives and heart into their business. Therefore, someone’s identity is a sin to them and there’s nothing wrong with the owner expressing it that way. Rejecting service to people who don’t believe the same thing they do is what’s best for the business. It would be getting rid of people who don’t share the values of the business. If someone doesn’t agree with the values, they should find business elsewhere. It doesn’t warrant a civil case against the owner.

Rejecting the premises

[Rejecting P1] The owner gets to decide according to their belief whether they’ll consider someone’s identity a sin or not. [Rejecting P2] Denying service to people because of their identity would support the business’ values.