Encyclopedia of Opinion
Question

#CakeGate: can you refuse service on the basis of faith?

The cake that Colorado baker Jack Phillips refused to bake was the kindling that lit a nation-wide discussion in the USA. Can a business deny service to an individual on the basis of their sexual orientation? As the Supreme Court came to a verdict in favour of the baker, the narrowness of the ruling still left the question unanswered. The baker was quickly followed by others who stood up in solidarity of his beliefs such as the Richland florist and the Kentucky county clerk. The resultant discussion has pitted religious freedom against the civil liberties of same-sex couples and LGBT individuals.

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Yes, service can be refused on grounds of religion in all cases

This position holds that service can be refused on religious grounds in all cases. It argues that forcing someone to provide a service against their faith is wrong, that religious freedom is uniquely important, and that creative work like baking a cake is a form of protected expression.

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Service can be refused on religious grounds, but not in all cases

This position holds that service can sometimes be refused on religious grounds, but not in all cases. It argues for balancing the competing interests case by case — for instance, allowing refusal where the customer has a ready alternative, while not permitting it across the board.

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No, service cannot be refused on religious grounds

This position holds that service cannot be refused on religious grounds. It argues that the law, not personal faith, is the highest authority, that religious freedom must not be exercised in ways that harm others, and that allowing such refusal is no different from refusing a mixed-race couple.

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Some kinds of service can be refused on grounds of religion but not all

Certain acts violate one's freedom of conscience so one shouldn't be forced to perform them, however, one shouldn't be able to refuse service to someone on basis of their innate characteristics.