Taminad Crittenden
1 min readJul 25, 2023

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Frankly, in this situation, the wedding cake maker should still be able to refuse to make the gay wedding cake on religious freedom of expression grounds because wedding cakes are not basic human needs. An LGBT couple can easily bake their own cake, even if it isn’t a very good one! On the other hand, there are two completely independent reasons why your hotel owner should not be able to refuse service to gays, each of which alone is sufficient to tell the hotel owner that such a refusal is illegal. (1) Shelter (your hotel example) is a basic need that in the hotel situation the traveling customer cannot reasonably provide for themselves, and so the hotel owner should not be permitted to refuse service to gays because that would be refusing a basic human need (and recognized UN Human Right, a positive right) to shelter. In addition, (2) there is no rational connection between providing hospitality and a hotel owner's freedom of expression, unlike the wedding cake situation.

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Taminad Crittenden
Taminad Crittenden

Written by Taminad Crittenden

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