Cakegate seems to me to be a bit more nuanced than straight (sorry!) discrimination.
I'm still a bit torn about how this should pan out, so I'd welcome a bit more conversation about it. At least now you know roughly where I stand.
Well, I was less concerned about Cakegate, and more concerned with the actual law. I'll respond to segments of what you had to say... Before I begin, however, I think that the incident is more an ethics and morality issue, rather than a legal issue (hence why I referred to the new law and not the incident that it arose from).
There are, as usual, faults on both sides. It seems for example that the customer went out of his way - literally - to seek service from a shop that would be unlikely to accede to his request and then brought the discrimination case. That is just plain impolite and smacks of deliberate incitement.
I largely agree with you here. The circumstances were suspicious at best, it must be said. However, it would be rather unusual to consider the customer to be anything worse than 'the lesser of two evils'. Homophobia is arguably much worse than someone out to name and shame someone while making a quick buck in the process. To be fair though, no matter the circumstances, they needed a cake, and they didn't get it. And besides, "impoliteness" is an incredibly restrained response to homophobia, and arguably one that they did not deserve.
It is not clear either whether the shop discriminated against the customer (as being gay) or against the message on the cake (as being in support of gay marriage), though it seems it was the latter. So far as I can see it is entirely up to the shop what services they want to provide so long as they do not discriminate over who they provide them to. So If the shop would equally have refused to make a cake supporting gay marriage for a straight man there is no discrimination.
The shop would have discriminated against gays and gay supporters should they have refused the same cake to a completely straight person. That's even more homophobic in general, as it implies that what was otherwise a 'waryness' of gays is in fact a full-on intolerance of them. Even if they're not throwing rocks and shouting slurs, it's still intolerant and bigoted. As for it being up to the shop to what services they want to provide to certain people, well... I'm starting to get Apartheid vibes here. Segregation, basically. Every human should be allowed every service available to the general public, no matter what. No exceptions.
If that sounds like nitpicking then consider this. I make jewellery for my customers, but there are some things I refuse to make. In particular I do not make bracelets and necklaces for babies and toddlers because I think they are potentially dangerous. It so happens that the people who most often ask for bracelets and necklaces for babies and toddlers are hindu, muslim and romani. That doesn't mean I am being racist in refusing to offer that service, because I don't offer it to anyone at all. Very occasionally the customer gets a bit shirty about this. What I don't want is the law sitting down on me for discrimination.
With respect, you are nitpicking, and it's pretty redundant to go with 'what ifs'. There are a ton of 'what could have beens', but what actually happened was homophobia. Mild or major, it's unjustifiable without an apology.
In regards to your example, that would genuinely be a coincidence. You would be genuinely concerned for the wellbeing of the customer, and that's equal treatment of customers. However, the incident with the cake was anything but equal treatment of customers. The owners could not have made that any more clear without bragging or confessing about it. The problem is that the upsides of this law are very thin veneers of discrimination, designed to help a small number of shopkeepers, while allowing discrimination to a large number of customers. I sympathise with any of the very few who would benefit from this law, but I can legally be discriminated against. No way should anyone advocate that.
Of course this is different from CakeGate, which is a matter of opinion about morality rather than about danger. But consider the possible extensions. I wouldn't, for example, make a bracelet extolling the supposed virtues of ISIS, and I wouldn't make it for anyone, not even as a joke (and some people round here have really bad taste). That should not be the basis for a discrimination claim, even though the only people who might request such a thing are likely to be muslim.
The benefits of this law, as I said, are slightly helping a very small amount of people while possibly severely (more on that later) hindering a very large amount of people. The issue is that this law shall be used against people who attempt to gain inoffensive and/or safe items... Such as a pro gay marriage wedding cake, for instance. And really, people who request ISIS bracelets... Well, I wouldn't exactly arrest someone who refused to make one of those. It'd be common sense.
On the other hand, I think (and I haven't read the proposed Bill, as I couldn't find it on the NI Assembly website), that putting this forward as a "conscience clause" by the DUP is a really bad idea. People should not get a free pass as to serving particular customers because of their (the supplier's) religious beliefs, but they should be free to only offer - to anyone - the services that they want to offer.
But this is a free pass to be choosy about customers. This is a free pass which affects people having a normal life.
Put it this way: It's a law that gives religious businesses the right to accept or deny a customer an item. Imagine if a customer wrote a formal complaint to the shop about their non-service. The shop could conceivably sue them for 'discrimination' that never happened. That's lives ruined, all because
a customer wanted to buy something. I know that this doesn't affect you, and I'm aware that you mean no harm, but this is much less a 'both sides have got their goods and bads', and more a 'one side's evil, the other side's not cared for'. Sure, it initially seems clear-cut, before you look into it and realise there may be more to it than you think... And then you look into it further ans realise it's definitely clear cut. And if you think describing the law as 'evil' is overdramatic, then
you try receiving homophobic abuse every day just for wearing your sexuality openly (like everyone else does and takes for granted).
Sorry if I'm being rude, but I've had it up to here with all this shit that this country spouts constantly.