The fanciful, disingenuous notion propagated by Jack Phillips of Masterpiece Cakeshop that one may discriminate against a constitutionally protected activity, such as marriage, without discriminating against the identities of its participants must be corrected.
Who enters into a same-sex marriage? Only gay people do. Who undergoes Jewish rites of passage? Only Jewish people do. Who enters into a Mormon temple marriage? Only Mormon people do.
One can no more claim to refuse to provide a product for a same-sex wedding without discriminating against gay people than one can claim to refuse to provide a product for a bar mitzvah or Mormon temple wedding reception without discriminating against Jewish people or Mormon people, respectively.
To claim discrimination against the activity of same-sex marriage is to claim discrimination against the sex of its participants and their sexual orientation — in other words, who gay people are.
Jack Phillips has engaged in discrimination on the basis of sexual orientation, which is illegal in Colorado. Instead of sending gay couples on a wild-goose chase in search of another bakery, perhaps Jack Phillips ought to relocate his business to another state in which such activity is legal. There are 29 of them.
Salt Lake City