Freedom to force the artist’s hand

***Adam Balinski is a guest contributor and a friend of Brian’s from BYU Law School. This article was first posted on his blog, rethbo.org. Please visit his blog for more respectful, insightful commentary.***

Some people have jumped on what I think is an incoherent bandwagon that creates crazy consumer rights.

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An uncontroversial wedding cake that the baker could’ve declined to decorate for dislike of flowers or the color pink. photo by tracyhunter

Under federal law, public accommodations are places where consumers go to receive a service. Consumers can’t be kept out of or denied services at public accommodations because of their sex or other protected attributes. (It’s true that under many anti-discrimination laws, sexual orientation is not a protected attribute. But it should be. It’s fair to allow people to go and buy regardless of how they self-identify.) Continue reading

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