Hoofbite
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The point is that it’s a legal photograph which might be taken by any number of other vendors.
And that doesn't mean anything. Some people might take erotic photos, and some might not. Choosing not to take erotic photos doesn't mean you are discriminating just because there are people who take erotic photos. It just means that you don't provide your services for porn shoots.
As I said, the guy would have to deny the photos on a reason other the pictures being erotic in order for the example to be comparable.
The hypothetical photographer is objecting to a specific situation, activity or request which offends them, be it on religious grounds or otherwise. You needn't be Jewish to be offended by a Hitler cake. But will a baker be forced to deliver it?
Why would he?
If the content of the cake is offensive and if he refused because it is offensive, he would refuse such a cake to everyone and there wouldn't be any sort of legal argument that could be made. That's the entire issue. It's not the content of the cake, or any sort of request that wouldn't be granted if the requesting party were different.
If a florist is asked to create a bouquet in the form of a vagina for a bachelor party, can she not refuse on any grounds she chooses?
Sure she can. If she's offended by a flower vagina she can refuse, but she better not create the same bouquet for a bachelorette party and claim that she isn't discriminating.
Bottom line, you can't treat two identical requests differently based on who the requestor might be. That is what is happening.
It's not a matter of forcing businesses to provide services that are widely offensive regardless of who the requestor might be. Business can legally refuse services. They just can't universally refuse services to one population without a justifiable reason.
The issue isn't the content of the request. The issue with these cake stories is the person requesting them. It'd be no different than having a "whites only" bakery, which is why it's illegal.