Originally posted by DougieD I don't think you can legislate solutions to these issues. At least, not in a way that will make everyone happy. Both sexual orientation and religious rights are protected in Canada. Distinguishing between businesses offering a service and the real people behind the business who actually have to perform the service seems superficial to me. If this case were to go to litigation, one party or the other is going to feel like their rights were trampled. That's a pretty safe bet. And they might be right, too!
I support the photographer here. But is there a limit to religious freedom? Certainly no one would argue that head hunters should be allowed to practice their religion unfettered!
I'm curious as to what religion has the principle tenant as: "You cannot provide a service to anyone having a gay marriage."
Just as no religion has a central principle of: "White people should not marry Black people," it seems to me that a sort of distortion of "religious beliefs" is taking place in the mind of the Toronto photographer. The central principles of Christianity are laid out (sometimes differing somewhat by various factions). "Gay marriage" is not found among them. No one is prevented from practicing their religion by providing a service to gay marriages. In fact, there are many strong arguments in the words of Christ for actually providing the services.
For the sake of argument, let's say there existed the "Church of No Gay Marriage." You can practice not getting "gay married" all day long. But when it comes to other people in society, you cannot force them to comply with your religious beliefs. Freedom of Religion does not include compulsory imposition of beliefs upon other people. Or denial of services to others based upon your beliefs. ***
"your" does not refer to DougieD, but everyone in general.
The line of Religious Freedom is one frequently encountered. Should American Indians be allowed to use Peyote? Should Grateful Dead followers be allowed to freely smoke weed? Should Christian Identity White Nationalists be allowed to attack people of color? The line is not affecting other people. You are free to believe your beliefs, but not deprive other people.
If your practice or belief affects only you, I believe you should be allowed to carry on. If your belief or practice affects others, negatively, then that's where government has a role, because government is where people come together to decide how people live among one another.
"Your right to freely swing your arms ends where my nose begins." Fundamental human rights. Long-standing law.
Quote: "Your right to swing your arms ends just where the other man's nose begins."
Zechariah Chafee -- "Freedom of Speech in Wartime", 32 Harvard Law Review 932, 957 (1919).