Take for instance religions that make animal sacrifices.
Oh, please. This is a cake, not an exercise in bloodletting. And further, there’s no harm to the couple if somebody doesn’t bake them a cake. All they have to do is walk next door to the next cakemaker.
As an attorney I have encountered many people claiming many different types of religions that justify accommodations.
Of course you have. But there’s a smell test here thats easily deployed. Somebody making up their own religion is quite a bit different than somebody who is following well established religious guidelines that can be documented for millenia.
If I have a religion that says I can’t serve black people, no matter how legitimate that religion or my belief might be, it is illegal to discriminate against blacks people if you open a store to the public.
It should always be illegal to discriminate against a person based on their race, creed, or sexual preference. But the cakemakers didn’t do that. They have repeatedly stated that if the couple wanted to order a birthday cake, they’d make the cake. It’s the nature of this particular CEREMONY that they found objectionable.
In fact this example is the exact argument that supports why allowing this type of discrimination is a slippery slope.
There’s no slippery slope here. If a service provider adhering to a longstanding religious tradition declines to engage in the celebration of an event that has a documented history of being objectionable to that religious tradition, they get an exemption. That’s it. Simple. You can even limit it further to refer to *artistic* pursuits, and not just simple services. So, the guy who you want to rent the chairs from can’t object, but the photographer can.
Probably invoking the exemption happens a dozen times a year, nationwide. Most people are in business to make money, and don’t give a hoot what people do under the sheets.
It’s all moot anyway. If I was the cakemaker and I lose this, I solve the problem for myself. I smile, take the order for the cake….and then as soon as the couple leaves, I subcontract the job out to another cakemaker who doesn’t have a problem with it. I pick up the cake from the sub, give it to the couple, and take no profit on the transaction. Easy peasy. The courts will never get involved with the methodology a business person uses to fulfill an order.