No idea about American law, but under trade laws the shop can rightly refuse customers if it is deemed inappropriate, but still must not discriminate. The examples people are giving in order to justify refusing to serve homoseuxals is ridiculous.
In Germany this New Jersey couple would be arrested for ordering a cake with a swastika and name Adolf Hitler. We all know the association and meaning of Hitler and Nazi Germany, it is for most people it is a vile and evil regime and the shop was right to refuse.
rachelsedge said:
So, using one of your examples, if I owned a cake shop and someone walked in who I knew watched porn and ordered a donut, I would serve them. BUT, if they wanted me to make an erotic cake to take to a "porn watching party" him and some other guys were having, I would feel uncomfortable and refuse. I will not provide for a "sin party".
Showing X rated images and producing cakes in shape of penis etc is not an automatic right for a customer, shops can and will refuse that kind of thing every day and all day long and it is not illegal to refuse it according to retail law.
Refusing to make something which has two bride models on top of cake is not legal grounds for refusing custom as its not explicit, shocking or going to cause a public indecency or cause offence, if the shop was asked to put a picture the two women in a naked embrace on the cake with everything showing, then they could refuse for the above reasons and it would be thrown out of any court if taken to court.
chestertonrules said:
Are Christians? Do you think a Christian photographer should have to photograph an orgy?
The issue of a photographer photographing an orgy, that is ridiculous, no photographer will be prosecuted for failing to do that, as it is falls within the obscenity and decency laws and businesses can refuse to do it even if they are all homosexuals, even asking to photograph someone nude can be rejected based on decency, even if they are homosexual. Ridiculous comparison to make.
Photographer saying "no I Can not take your custom it as I do not agree with homosexual wedding" is against the law. "that is stupid thing to say to homosexuals and simply asking for problems, all the photographer has to say is "sorry I am already booked for that day, but I can recommend you another photographer, I hope your day goes well for you".
Failing to provide goods or services based on religion, gender, colour, race, disability, sexual orientation is illegal. If you dont want to serve homoseuxals then don't run a business.