this post was submitted on 30 Jun 2023
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Reread what I just wrote. "The developer just declined creating something that they don’t agree with" is literally exactly the same justification people used to resist integration and the Civil Rights Act of 1964. It was discrimination then and it is discrimination now. There is no difference between your two examples except in your own mind. Certainly there is no difference before the law. (Except if the creator of the cupcake is Christian, apparently.)
Yeah, realistically anyone who is creating websites for a living shouldn't give a fuck about who they are creating it for. The KKK is a terrible example because that is 1. a hate group and 2. a group you join on your own volition. A business could take the same stance against anyone wearing BLM apparel, as that is a group you join on your own volition. Being a certain race or sexuality is not something you join on your own volition, you are a member of that category because of a trait you inherently have not because you decided to join a group.
Well said. Religion also gets included in that, which I think is much squishier in terms of "traits you inherently have," but we definitely live in this world.
You still aren't allowed to blanket discriminate against LGBTQ or any other protected class. You are allowed to refuse to express certain messages, even if the customer is in a protected class.
For example, suppose you are from Kosovo and a Serbian asks you to make a website that says "Kosovo is forever part of Serbia". If you refuse, according to this ruling you cannot be punished for violating the civil rights of Serbians. However, you still aren't allowed to hang a "No Serbians" sign on the door to your business.