But here is where the rubber meets the road. You said "Business owners should be made to do the right thing as decided by society". On one hand, yes. On the other hand, that is simply not the case here. "Society" at least in America, has not unanimously decided which pov is the right thing to do. There are two major opposing sides. The only true (legal) way to make businesses do the 'right thing' is either through laws or through consumer pressure. Right now the law, and the American Constitution, says that it is not right to prohibit the free exercise of religion (despite what 'society' says is right at this point).
...except when legal cases and legislation have stated unequivocally otherwise. Peyote is a controlled substance. It is also part of religious traditions if certain Native American cultures. You might be able to use it if you are a member of that faith living on Native lands but not otherwise, and definitely not if incarcerated.
Ditto the sacred herb of Rastafarianism- try exercising that religious freedom outside of Colorado or Washington, and you're in for a surprise.
If your faith involves human sacrifice, you're S.O.L. In the USA. And the sacrifice of animals has to be in accord with local ordinances on animal slaughter. If it isn't permitted at all within city limits, you can't do it.
Polygamy? Despite what the FLDS, certain forms of Islam, and others believe, they cannot practice it within the USA.
We have decided as a society that, in general, discrimination based on immutable characteristics of a class is impermissible. Gays are just slowly working to add themselves to that list.
But as it is now, for those who think that 'business owners should be made to do the right thing' need to realize that religious liberty has been 'decided by society'. The real fight is at the Constitutional level. The only real way to battle this is to 1) get enough of 'society' to amend the constitution to repeal the free exercise to what 'society' thinks it should be or 2) just ignore the Constitution and seek to render it useless...therefore a revolution.
That is a fundamental misunderstanding of the way our system of laws works. Judges are perfectly capable of declaring a law unconstitutional- that is part of their job under the Constitution. It is their major power in the system of checks & balances.
Also as part of checks & balances, the executive branch can choose the level of enforcement it will muster. For example, that discretion is a major reason why not every discovery of drugs in a car- including alcohol in the back of a teenager's Trans-Am- results in prosecution. That discretion is why District Attorneys can do plea bargains.
Heck- a subsequently elected legislative body could strike the law from the code.
