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The law doesn’t force him to own a business. As a business owner applying for & accepting a license to do business in that state he was given certain rights and protections afforded to businesses, in consideration he is obligated to work with state laws governing businesses, including the requirement that his products/services be available equally to all members of the public. Phillips would have sold the cake if it was for a birthday, but not for a gay wedding. Since presumably, only gay people have a need for gay weddings and their wedding cakes, it is user based discrimination. But at what point does the cake become a wedding cake? Phillips chose not to support a legally sanctioned act through his action, but he didn’t call for it to be stopped altogether. If the baker, in this case, was of the Jewish faith would we make him decorate a cake with a swastika if the customer requested it?
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