Photographer faces law suit

Started Aug 23, 2013 | Discussions thread
santamonica812 Contributing Member • Posts: 861
Re: This is all so avoidable.

The photographers, the christian bakers in Oregon and Texas could all avoid the lawsuits and the BS with one simple change to their business model. A catalog. I suppose I can see that two years ago they might not have figured gay rights would trounce religious rights but the minute the first test case hit the news it was plain to see which way the wind was blowing.

A catalog specifying what style photos you take with what subjects, what cakes you cook with what decorations and what styles/ decorations you offer for your cookies eliminates any conflict, keeps you legal, and keeps you in business. The Chinese have done it for years. NO SUBSTITUTIONS. If lesbos want a lesbos themed cake they will have a choice of buying yours and changing it themselves or buying someone else's who provides custom baked goods. If the local gay authority wants rainbow sprinkled cookies they can sprinkle them themselves because you don't do custom and you do not offer rainbow sprinkled sugar cookies in the catalog.

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From a legal standpoint, I think that's an interesting idea.  At first blush, I can't find anything legally invalid in your suggestion.  For a baker, that would be fairly easy to implement..."here's the 8 types of cakes that we will make, and anyone can buy any of those 8.  We will make no modifications."  Of course, in the real world, it would be difficult to sustain that business model, since you would be competing against bakeries that *do* personalize their cakes, which seems to me to be a big selling point.  But if an important goal is to be allowed to discriminate (against interracial marriages, against gay marriages, against inter-faith marriages, etc) and to also not be sued, I think your idea would work well.

I'm not sure how well this would transfer to photographers.  I'm not sure what sort of standardized 'menu' I could come up with (as a hypothetical prejudiced wedding photographer) that would let me continue to shoot straight weddings but legally avoid gay ones.  I haven't spent a ton of time thinking about this issue, but nothing comes to mind right now.

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