So, the question on everyone's mind is...does a religious business owner have the right to refuse to participate in an activity that violates their religious principles???
Do they? I have to wonder. I have avoided this topic for two reasons. One, I don't have the answer, and two, people's responses to this have largely been driven by emotion and hatred for their oppoents (on both sides) rather than logic and well thought out arguments. Generally, today, if someone wants to sell a particular product, they are happy to sell it to anybody who is willing to pay for it. Can someone refuse service to another because they are of a different race, creed, religion, or ethnicity? Um...no. So, the immediate question is whether or not refusing service is discriminatory. Ever been to a restaurant on a beach and seen a sign that reads "no shoes, no shirt, no service". Are they allowed to make that choice? Isn't it discriminatory of them to single out the beach crowd that way?
Obviously, anytime someone refuses to serve another, the opportunists in the media and in politics will take that opportunity to declare that refusal as racist, sexist, or discriminatory in some way. Does it actually make that refusal discriminatory? Maybe, but maybe not. Regardless, screaming discrimination so often has simply cheapened what it really means to be discriminated against, in my opinion. This is particularly true when people get upset about a law that may or may not allow for discrimination, but where no actual discrimination due to that law has yet been documented.
Let's consider the question as I see it. Can a business refuse service...EVER! Obviously they can. If this is the case; therefore, under what circumstances are they allowed to refuse service and it not be considered discriminatory? One might argue that they can refuse service in a way that can be equally applied to everybody, regardless race, ethnicity, sex, religion, or sexual preference. So, in that case, the no shirt, no shoes rule would be equally applied no matter who walked in. I could easily accept this definition, as I'm sure could most people. However, there is a finer distinction at play in the argument going on right now. Does a person of religious faith, be it Christian, Muslim, or alien worshiper...whatever faith, have the right to refuse service to someone because that service would require that person of faith to participate in an activity that violates their religious principles?
To answer this, I have to consider the question more broadly than simply the Christian shop owner not wanting to make a cake for a gay wedding. After all, the real question is much broader than that.
So, we, as a society (at least amongst the political elite and the media) seem to be declaring that a person of faith can't refuse service to any person simply because the service would require that they participate in an activity that would violate their beliefs and/or conscience. So, can any business refuse service for any reason based on the activity they would be supporting violating their beliefs or principles or conscience? I don't know! I would argue they can't choose not to provide service because of the nature of the person who walked in the door. However, what about refusing service because of the nature of the event the person is requesting the service for? This is why we must have an honest discussion, not rooted in disdain for one's opponent about this topic.
Here's my questions for consideration. If the above is true and no business has the right to refuse service because they disagree with the activity being carried out, then what about these cases?
Can a Christian shop owner who believes marriage is between two people refuse wedding services to a fundamentalist Mormon who is participating in a multiple marriage?
Can a Jewish shop owner refuse service because the requested service might result in unkosher activity?
Can an African American shop owner refuse service to a member of the KKK because of the detestable nature of the activity that service will support?
Can a gay shop owner refuse service to Westboro Baptist Church because they want that shop owner to make something that expresses their detestable beliefs about gays?
The above examples are the exact same thing that is being argued about now. They are examples of people who may choose to refuse service because of the nature of the event or activity in question, not because of the nature of the person making the request. At what point can a business legitimately say an activity violates their beliefs and/or conscience and they have the right as a business owner not to participate? Ever? If the answer is never, then we are essentially saying that to own a business, or run a shop, or provide service of any kind means that you must check your religion and/or conscience at the door the day you open up shop. If that is what we are declaring as a society, so be it. But can we have that conversation without the unmitigated gall, on both sides, of assuming we are right and the other side is wrong and therefore having the "conversation" consist of name calling and little else?
1 comment:
Unfortunately, as the author has mentioned, the whole definition of discrimination is muddied by angry emotionalism--which obviously doesn't serve to settle any questions. There is also always the fear that if nothing can be decided calmly, the government will step in and issue a decision that will then cause more rancor.
Post a Comment