vivster said:
Now that I think about it it's actually a really good angle. Never thought about it that way. To make things equal that are unequal we must apply more force to the lower side of the scale, effectively giving it greater attention than the upper side. Or, "You can't make unequal things equal without applying unequal force".
It's beautifully mathematical^^ A language I can understand and get behind at.
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As much as I'm glad about the conclusion, I feel I need to correct a misconception, here.
It's not about applying force, it's about removing weight. The system is tilted in favour of some people because of weights that are keeping the other people down. The laws that are put in place to deal with it aren't about applying a counter-force, they're about removing those weights.
And they do it in a completely even way. The weights are removed from everyone, it's just that those with more weight will naturally have more weight taken away.
Laws regarding discrimination are quite clear on being even-handed. You can't discriminate on the basis of religion. It doesn't specify religions that are protected - they all are, and so is absence of religion. You can't discriminate on the basis of sexuality - a restaurant is just as unable to refuse service to straight people as they are to gay people. You can't discriminate on the basis of gender - applies for both males and females (and "other", for that matter).
The only reason it seems to benefit some more than others is that some have more discriminatory weight holding them down than others do. And should things swing the other way, and those who were the beneficiaries of less weight become more weighted down than others, the same laws will protect them more.
Note that not all laws intended to deal with discrimination use this approach. Some do, indeed, try to apply an external force. These tend to be less effective, because it's not trivial to change the laws as the situation changes. Quotas and "positive discrimination" tend to only further build up resentments, and in the meantime generally mean that less-qualified people are put into roles. It looks good on statistical charts, but it isn't sustainable.
When it comes to the more specific balance of "freedom of business", the key here is that you can ban acts, but you can't refuse service because of who a person is (within certain limitations - this is why we specify protected classes, to ensure that appropriate protections apply).
You can refuse service to people who show, let's call it "gay intimacy", in your restaurant (although it's safer to just blanket-ban "intimacy" - AKA kissing - because you might still be breaking discrimination laws otherwise, depending on the specifics), but you can't refuse to serve a person because they're gay. You can refuse to bake a cake with a swastika on it, but you can't refuse to bake a cake for someone because they're a nazi. You can refuse to make halal hotdogs, but you can't refuse to sell your normal hotdogs to muslims.
And when it comes down to it, if you're caterer and a gay couple asks you to cater their wedding, while you can't refuse them on the basis of them being gay, you can explain your discomfort to them, politely, and ask that they consider alternatives (although you'd still do it if they insisted). Most gay people wouldn't want someone anti-gay to be forced to cater their wedding, both because they wouldn't want to reinforce the anti-gay sentiment, and because the service probably wouldn't be as good as it should be. It's not discrimination to politely express your reservations.
In the meantime, you must understand that you don't run your business in isolation. Yes, it's a private business, but you are still serving the public, and that means that you are under public influence. Kind of like how if you live in a town, you are subject to its ordinances, even when you're on private property within that town. Kind of like how if you live in a state, you are subject to its laws, even when you're on private property within that state. The same reasoning applies. And if you can't handle catering events you're not comfortable with, then don't be a caterer. If you aren't comfortable serving people of <race/gender/sexuality/religion/etc>, then don't work at a restaurant. If you don't want to photograph a gay couple, don't be an events photographer.