Personally, I think it's wrong to discriminate against anyone.
If you are in business to serve the public, that's what you do. You're not condoning someones' lifestyle by treating them as you would any other customer.
Your customers' lifestyle is not your business.
According to your idea that business owners should not discriminate against anyone, then a black carpenter would have to build the cross for the KKK that will later be burnt in front of his shop. A homosexual print shop would have to print out banners and signs that read "God Hates F*gs" so that they can demonstrate on the sidewalk outside his store. A Jewish deli owner would have to cater a Neo-N*zi meeting. And the pastor that has a DJ business on the side would have to host a stripper's birthday party that had numerous undressed women and men in attendance. And all of the movie theaters that regulate what customers are allowed to view based on the MPAA's rating system should be charged with age discrimination when they prohibit a 10 year old from seeing a NC-17 rated movie.
"Have to?" No.
Actually, yes they would "have to". When we are talking about laws, we have the underlying understanding that we as a society have given the government the right to execute the laws by means of force if need be. If the law states that no business can refuse service to another person for any reason, a business that does decide to discriminate would face the force of the government including shackling up the owner and hauling them off to jail at the end of a gun.
To be fair, in your first reply, you said that "personally" you don't think it's right for a business to be able to discriminate, and it was I that brought in the legal element. So assuming that you were not wanting to codify that sentiment into law, then you're correct that they wouldn't "have to" do anything they didn't want to because there is no government entity forcing the business to be open to everyone.
The black carpenter would never be asked to make a cross for the Klan. Klan builds their own.
The homosexual owners of the print shop would never be asked by the "God hates f*gs" group to make their banners. WBC makes their own.
Jewish deli owner would never be asked to cater a Neo-*bleep* anything. Because they're Jews.
These are specious arguments. In each case, you are not arguing the
impossibility of a situation, but rather the
improbability of it. Yet the whole situation regarding the pizza parlor could just as easily be argued in the same way: no gay couple would ask an openly Christian restaurant to cater their wedding either (and none have; the incident arose when a journalist asked the owner's daughter about this hypothetical situation). But when considering whether to regulate something, it isn't enough to just state that something is improbable and therefore such a situation shouldn't even be considered; rather the law needs to consider all possible cases, even those that are highly improbable. In fact, I could actually see some of these situations happening, not because the customer likes the business, but rather because they dislike it. I could see the WBC going to that homosexual-ran print shop just to spite that business, esp. if they see how they can use the law as a weapon against that business they despise.
It's not discrimination to refuse to do business with someone who hates you. The hate in your examples are from customer to business.
So by this definition, it would not be considered "discrimination" if a white store owner refuses to do business with Malcolm X-like civil rights leader that has been overheard by the shop owner as saying that all white men are evil. Or for an openly Christian pizza parlor to refuse to do a wedding for a homosexual couple because the gay couple hates Christians and were only attempting to undermine the restaurant owner's Christian beliefs (yes, some homosexuals can hate Christians just as much as some Christians hate homosexuals).
In the example of the bakery refusing to make a cake, or a pizza :/ for a gay wedding, the discrimination is coming from the business to the customer.
And in every other example I've given, the discrimination has always been the business against the customer. It would be the carpenter that discriminates against the KKK, the print shop owner discriminating against the WBC, the deli owner that discriminates against the Neo-N*zis, the movie theater against the minor child. I don't understand where you were going with this esp. since it would be pointless considering the opposite possibility (ie the customer discriminating against the business) since customers
do discriminate against which business they patron in a free market where such choices exist. Unless that statement goes back to your previous comment that treating someone different because of their characteristics or ideas isn't "discrimination" if the person making this distinction feels that they have been wronged by the other party, which I don't buy (and neither would the courts were a civil rights suit brought against the white owner refusing business against a black person that hates whites).
I think the distinction that Hawkeye was trying to make is that these are private transactions as opposed to something through the public / government sector. And the issue here is the point I was trying to make in answering the "Has to?" question... A private transaction is conducted on a volunteer basis: both the customer and the business undergo a mutually agreed upon transaction to the mutual benefit of both parties. The government, on the other hand, also has the power of force behind it. So while I have a choice whether I want to spend my money at a particular establishment or rather just save my money for something else, I cannot do the same when the government wants my money to pay for some service, even if I might never benefit from such a service. This is why the "Jim Crow" laws were wrong; not that the discrimination itself was wrong, but because the discrimination was coming from the government that had force behind it ensuring that everyone
had to discriminate, even if they'd rather not. For example, a restaurant owner may not have wanted to discriminate against black customers because of the loss of business, but under the Jim Crow laws, they would have to because the law is telling them to discriminate. This is also why so much of the Civil Rights Act focused on discrimination inside the government structure, and not as much in terms of interactions within the private sector.