Gay Cakes And Conservative Hens

No, It's Not Ok Because It's Partisan Identity

So in all the discussion about denying Sara Huckabee Sanders service at the Red Hen I’ve seen several places argue that it wasn’t a big deal to deny her service because they were very polite about the incident. While it’s surely better to be asked to leave politely this fails to grasp what’s upsetting about it and is completely inconsistent with our attitude about the harm in Masterpiece Cakeshop where the customers were denied service because they were gay1. Whether or not you think it’s warranted any honest analysis should admit that it is still likely very upsetting and, should it spread, has the potential to be a very big deal.

Don’t get me wrong. The long history of discrimination against homosexuals and their status as a vulnerable minority in much of the country makes it much worse to deny someone service based on sexual orientation. Also, I firmly believe it should be legal to deny someone service because of their partisan affiliation2. However, just because it’s less bad doesn’t mean it isn’t still plenty unpleasant. Note that I also think Sara Huckabee Sanders is a pretty awful person and spokespeople are surely different than random Trump supporters but I’ve seen many people defend such partisan denials of service generally not just for high ranking officials and that is what I feel deserves comment.

Humans are acutely sensitive to exclusion. It’s bad enough not to be invited to a party or know that you aren’t attractive or cool enough to be waived into a club. It’s much worse to be overtly told you don’t belong and asked to leave. This is especially true when you are asked to leave a place of public accommodation such as a restaurant and doubly true when one is there with family (especially children who might not understand).

Of course there isn’t the same history of discrimination as with race, sexual orientation or religion but surely the immediate emotional response of feeling hurt, confused and angry will share a fair bit in common. If you are skeptical imagine a Bedouin who has lived his entire life out of the reach of modern technology or history on his first visit to the United States who is politely asked to leave a restaurant because of his race or his religion. Do you doubt the very real pain and humiliation that will cause — even though that diner’s lack of contextual knowledge means that our fraught racial and religious history can’t play a causal factor?

At this point I’m sure that many liberals are marshaling reasons why it’s not at all similar. Partisan affiliation is a belief not an immutable characteristic, they aren’t a minority almost half the country is on their side, it doesn’t have the same potential to normalize harmful discrimination.

But religion is every bit as much a belief people choose (in both cases many people simply believe what their peers do) and people do identify very strongly with their partisan affiliation. Whether or not it is objectively different in some sense being excluded for partisan affiliation feels like being excluded for who you are to many people.

It’s certainly true that Trump supporters are hardly a minority in America but they are very much a minority in many areas (including large parts of DC). It’s also true that there are large swaths of the country where there is strong, vocal support for homosexual equality but we don’t feel that merely knowing that this would never happen in San Francisco obviates the harm to the couple denied service in Masterpiece Cakeshop. Nor would this intuition change if 40 of the 50 states were strong and vocal defenders of homosexual equality. Besides, you don’t really think the question turns on the fact that Trump supporters are 40 some percent of the population rather than 15% (the percentage of African-Americans in the US) and you’d surely never accept the response in the racial case.

Moreover, in terms of normalizing harmful discrimination, it is surely far more likely that (as many people openly suggested following the incident) people wearing MAGA hats will be denied service in a wide range of establishments in blue parts of the country sometime in the near future than homosexuals will face similar widespread denial of service (if for no other reason than the stronger norm against such discrimination). Note that if you want to argue this isn’t truly harmful discrimination you need to challenge one of the points above about this being a very painful and unpleasant experience.

Again, it’s not as bad as discrimination based on sexual orientation but we’re being hypocrites if we don’t recognize that it’s still a pretty intense and humiliating experience which we should avoid inflicting on people unless we have a very good reason.

  1. Ok, technically because they planned to use the cake at a gay wedding. 
  2. I’m unsure about legal protections based on gender identity since that turns on tough questions about how fast norms are changing versus the long term harms from such legislation but this uncertainty doesn’t stem from any doubt about the degree of pain imparted by such denials of service but merely from concern about the long term costs of such legislation and the hopeful belief that such denials of service will quickly become the kind of silly extremism (like refusing to sell to people with bare knees in the US) that is so rare as to no longer be seen as a threat.