So if he later changes his mind about making penis cakes it really doesn't matter. He'll be stuck to making them forever. Does it matter about the color or size of these penis cakes? What about other body parts? Comply there as well?
This definitely calls for another level of bureaucracy.
Of course it is. The relevant question is whether any law could require black frat members to include whites without violating the black members' First Amendment freedom of association. Considering what the Supreme Court said in Roberts v. Jaycees, especially, I strongly doubt it could.
Imagine you were driving across the country. You look and see that your fuel light is on. You know that you have roughly 40 miles left in the tank before you get worried. There's an exit with fuel ahead, and a sign that says next gas 30 miles. But you're feeling good, and making good time. So you decide to press on.
Thirty minutes later you take the exit into a small town. You pull up to the pump, put in your credit card... and wait.. .. Nothing. After a few tries you get frustrated. This is clearly the only gas station in town, and you don't have enough fuel to make it anywhere else. So you walk in to see the attendant, asking why the pump doesn’t' work.. "Oh, we don't serve your kind around here". What do you do? Can you honestly say that you haven't been harmed.