August 23, 2013
A Georgia court has ruled in favor of Marshall Saxby, the Grand Wizard of a local KKK chapter, in a lawsuit stemming from two years ago when a local bakery denied him service. The three judge panel concluded unanimously that the bakery had violated civil rights laws by discriminating against Saxby when they refused to sell him a cake for his organization’s annual birthday party. Elaine Bailey, who owns Bailey Bakeries, refused to bake a cake for the ceremony because it violated her religious beliefs.
Saxby filed the lawsuit claiming that Bailey’s refusal of service was discriminatory against his religious beliefs.
The KKK has re- branded itself, in many places, as a ‘loving’ X-tian org. trying to ensure white people are treated fairly – a white version of the NAACP if you will. Like it or not they operate legally. A business refusing to serve the KKK will likely lose similar lawsuits. What a business can do is to refuse to include hate speech on a cake, such as use of the “N” word or depictions of racist actions, for examples. Businesses have a legal and constitutional right to have the type of business they desire (a family oriented business can’t be forced to sell porn, for example, or a restaurant can require clothing or ban certain types of clothing). We have discussed these things before. Case law supporting businesses in these areas is firmly established. What a business cannot do is to refuse to serve someone based on purely discriminatory reasons when there is no compelling business interest served.
Contrary to what some of you feel, this isn’t a complicated area. Your prejudices and biases keep some of you from understanding that we live in a constitutional democracy based on utilitarian principles (for the common good), and your religious or individual rights you think you have end at this demarcation point. The courts have had to establish this over the decades, based on the Constitution. Although not perfect, over time they have typically gotten things spot on. If some of you paid attention during HS Civics class or the world around you for the past 100 plus years you would already know these things. Or learn to google. But the very first thing you will need to do to accomplish any of that is to lose your prejudices and your biases and actually think about and read about things that do not confirm those biases.