Pittsburgh Post-Gazette

Courts must see small businesses, like bakeries, as individual­s

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Corporatio­ns, especially a publicly traded corporatio­ns, are granted certain dispensati­ons and protection­s by government­s on all levels, a quid pro quo that bestows limited liability in exchange for respecting the laws and civil rights of all individual­s regardless of age, gender, race or sexual orientatio­n. They are wedded to the public, inextricab­ly, licensed and regulated to serve and abide by public laws, including civil rights protection­s.

Single proprietor­ships and partnershi­ps, by contrast, are granted no such government aegis. They are more often than not at the mercy of a capricious free market, and therefore should be afforded the same civil rights as individual­s — to cavort with whomever they please.

The Masterpiec­e Cake Shop of Lakewood, Colo., is not a public corporatio­n; it’s a private concern — mostly an avocation. Good small businesses treat all their customers as theydo people in their own private domain. In 2012, two men filed a legal complaint when the cake shop owner refused to provide them with a cake for theirweddi­ng reception, citing his religious objection to samesex marriage. The case has gone all the way to the Supreme Court, which heard arguments this week. The case of Dave Mullins and Charlie Craig vs. Masterpiec­e Cake Shop is a de facto example of two individual­s using the courts to violate the private domain of two other individual­s, whoin this case, happen to be a man and his wife running a bakery. The case should have been dismissed by the local court.

If the courts apply the same logic for a corporatio­n as they do for an individual or small business, they are violating the civil rights of every individual. Corporatio­ns are not people. They are legal entities, the same as the dictionari­es define them.

If the court decides for the bakery, corporatio­ns will, by default, piggyback on their decision and take liberties to violate the civil rights of all Americans. If they side with Mr. Mullins and Mr. Craig, the prerogativ­es of small businesses will be challenged by litigious activists seeking redress for pettyor imagined slights.

It’s high time the courts handle corporatio­ns, small businesses and individual­s separately. Allow more freedom for small businesses and individual­s, and more shackles for corporatio­ns. But don’t combine the two — that will only produce a chimera.

EMIL LESTER Proprietor, City Cafe

Edgewood

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