Parsing Morality: the 303 Creative LLC v. Elenis Case
More subtle than one would think, perhaps.
I’ve become an admirer of Kareem Abdul-Jabbar’s Substack writings, and one of his recent posts really made me think. Kareem takes up the issue of the June SCOTUS decision involving a website designer’s right to refuse service to a same-sex couple on the grounds of religious convictions. SCOTUS decided that the designer had such a right, and Kareem noted a comment he’d received about a sole proprietor’s discretion in these matters. The commenter said that he felt an artisan like the designer should, in fact, be able to refuse work that offends his/her religious sensibilities, and Kareem presented a thoughtful analysis of the nuances related to the choices in those cases.
When I’d read of the SCOTUS verdict, my automatic reaction had been to think that it was outrageous that a person could discriminate against others on the basis of religious views. Not only do I believe religion has much too much power in this country in these times, I feel that asserting one belief is “better” or “truer” than another is medieval thinking. Besides which, denying a service based on so-called Christian beliefs that aren’t even referenced in Christian teachings is merely simple bigotry. The person is attempting to cloak an unfounded personal bias in scriptures that don’t actually exist.
But Kareem points out that, although discrimination against protected groups (i.e., on the basis of race, sex, gender orientation, ethnicity, religion, etc.) is generally illegal, there are other biases. The issue presents a slippery slope, and, to paraphrase his thoughts, discrimination should be minimized if we are to be a healthy democracy.
So….maybe my instinctive take on 303 Creative was too narrowly focused; that is, I looked at the case exactly as outlined, without extrapolating. As an artisan myself, I thought about possible situations that might arise in my business. I create pieces on commission, and thus far, it’s amounted to making sets of jewelry for bridesmaids, crafting products such as a fan pull for a particular décor, and making necklaces, earrings, and charm bracelets with pre-specified components. It sounds pretty straightforward, and so far, it has been. I don’t have calls for anything unusual. Even my more creative designs aren’t far off the path of tradition.
But what if, say, a customer came to me and wanted a charm bracelet composed of bullets and little AR-15 replicas? They do exist: they’ve been seen on some GOP representatives’ lapel pins. As someone who is extremely against gun violence and the ownership of assault rifles, I would be offended even by such a request. I can’t envision a scenario in which I’d accept the commission, as it would be contrary to the deep-seated beliefs I hold.
Or perhaps someone might request a necklace made in the color of a political party, with that party’s emblems, and I either opposed that party, or considered myself completely apolitical, or a staunch independent?
Suppose I had a fear of clowns (coulrophobia), and someone wanted Bozo earrings?
Or, to turn the 303 Creative case on its head, if I were an adamant atheist, and a customer wanted to order a bracelet with Bible and cross charms, what then?
Without having encountered such a real-life situation, I don’t know under what circumstances I’d refuse to create a piece; I can only say with certainty that I wouldn’t do the one with the guns and ammo. Otherwise, I might grit my teeth and do the work, even if I had to take a shower afterward.
My question to myself, though, and to my readers, is, if I turned down a commission on the basis of any of the above rationales, is that any different from the web designer’s choice to refuse a same-sex couple? Isn’t it the same thing? Is there a difference between discriminating on the basis of religious beliefs and simply personal feelings? Or not? Is either scenario more “justified”?
What do you think?
I have to say, if you don't want to undertake a creative project (as an independent artist) you shouldn't be required to do so just because someone wants you to. You don't have to have a reason. And you don't have to be hateful about it. Just say no, I can't, sorry.
First I'd like to say it's nice to see someone who writes about the little things in our society that aren't little because they have major impacts on people. This post and issue is one of those. It's nice to see you had an initial reaction which you thought about and reversed.
My thoughts are as follows.
First , I've had many gay friends over the years. I'm straight as a pool cue to use their description of me. What they did behind closed doors didn't matter a whit to me.
Why the supreme court had to get involved in this is beyond me. The only possible reason I can see is to further divide the people on a non issue. A website? Just down the street from me there's a small gas station with a sign up "WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE" which the owner says is because he doesn't want the "DIRTBAGS" (homeless) coming in. This is clearly discrimination but for some reason legal. It's a double standard by the supreme court decision. What it ends up doing is confusing a non issue and telling people how to run a business. The whole LGBTQ**"""$- whatever is being shoved down peoples throats to create disharmony in our society. Your examples are well thought out and I agree with you completely on all of them.
Homelessness in New York City is being solved by the Mayor granting the police the right to determine that someone is mentally ill because they don't have money to afford rent and hospitalize them while confiscating their belongings and taking away all their rights. In Phoenix a community group bought a lot and set up a homeless community which the city bulldozed because it didn't meet zoning codes. Exemptions or variances for the codes weren't even considered. Again, what few belongings the homeless had were destroyed stolen by the government. The supreme court won't address this issue because it's "legal". The laws are not legal in the sense of the constitution.
The business in this case had every right to refuse the job. The customer could easily have found another to take the job. I don't believe that a customer has the right to tell a business how to run their business. Given the supreme court decision LGBTQ couples should be able to demand that a fundamentalist Christian church should be forced to marry them. Fundamentalist Christian churches discriminate against people openly, why doesn't the supreme court address these issues? Our justice system is no longer a justice system. It's a system designed to support the plutocrats and punish the the rest of the people. No system is perfect. Perfection does not exist. The current political, judicial systems however have completely failed the citizens of the country and been recreated to serve the wealthy.
And what happened to separation of church and state?