this post was submitted on 01 Jul 2023
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Malicious Compliance
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"If that Christian customer instead asks for a blank cake that they'll decorate themselves, the baker must sell it to them or else they are violating the equal protections clause."
This is an issue too though. The only person who can enforce the requirement that the Muslim Baker sell the cake is the government and the only way the government can force someone to work is through force. What you end up with is the government using threat of force to require someone to work. Which is slavery at its core. Anyone should have the right to refuse work if they don't want to.
That's not what equal protections meant though. It just meant you can't refuse to serve a customer based on their protected statuses like religion or sexual orientation.
If a church calls you to order a cake but you were planning to take time off work for a while, you could still say no. It was only a problem if you say "no, I don't bake cakes for Christians". That's not slavery. You can stop working, nobody was forcing you. Just that when you do work, you can't discriminate.