Or enforced association. Either we're a free people or we're not. And if we can't even choose the people we do business with, then we are decidedly NOT free.
“Or enforced association.”
Interesting point. I will meet you at least halfway. Restaurants are private, so considering them as “public” is in the realm of enforced association. Same for country clubs.
But, what about tax-funded venues, like trains, airports, or railroads? The government pays, so under “equal protection” concepts, it shouldn’t allow discrimination by its subcontractors.
I think the issue is partly whether the forced association can reasonably be anticipated by the person being compensated for the work. What baker could know he’d be forced to cater gay weddings by court-backed homo-aggressors? On the other hand, if you punch tickets on Amtrak, you’re working for the government, and you shouldn’t be able to turn anyone away from the train based on your own personal beliefs. But, that could have been foretold in advance. None of these things are simple—for example, doctors who are government funded refusing abortion work meets the legitimate bar of conscience, but they may be working for a publicly funded entity which has a different policy.
It’s much simpler in a less complex society. But, I still submit there has to be some concept of “public accomodation” in the sense of a neutral ground for some activities.