Supreme Court Same Sex Marriage Argumet

[Ace]

  Anima

I give it that congradulations are in order Anima on this debate.
It seems that you win by Qui tacet consentire vidétur  (Silence gives Consent)

A little choppy at first but good one.
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If you please, I wish to discuss the topic of the little cake shop owner’s refusal of services. There were some prior post about the issue but, they have seem to just stop.
 
1. What are the laws and who is right logically.
Thus, the topic will be argued/debated under in the legal and logical viewpoints, if that is all right with you? The viewpoints can be changed.

One thing that I am wondering is if this is at all legal. I know that big business and little business are not treated entirely  the same  under  business  law.
I am also aware that a small business can refuses severs if: [b](I may be incorrect and missing so scenarios[/b])
1. There is another shop in the vicinity that can perform the same services.
2. That if it is known or continually displayed that a shop sell  x type of goods in x manner, that a customer is not in the right to ask opposite of what is the product of the business

- For example, I cannot go into Walmart (which can be said to be more of a family store) and demand that they make me a cake of two dog's fucking. Nowhere does it show that this type of cakes is made or that they provided full catering of the cakes.

- I cannot go to a comic book store and demand that the have comic books that talk about sexual escapades.

3. They also fall on freedom of speech to which a wedding cake that is meant to be shown publically, acts like a billboard were public speech is given.

4. Are small shops open to a lesser form of refusal of services the big business?

5. They cannot discriminate against any protected class. However because homosexuals do not have protected class statues in this country or in the international community (international court has ruled against a protected class status for homosexuals) can then are the considered like a non-protected class person and are not granted strict scrutiny under the law?

2. Also, Is this a religious issue and if so would not the shop owner win? According to the law when two constitutional rights come into conflict with one another (1st Amendment v.14th Amendment), it is decided by order of the amendments. Thus, the 1st Amendment wins.