This is an interesting discussion, and I can understand both sides of it. On the one hand, I am queer so it would at least disappoint me if I were saving up to commission an artist I really liked only to have them turn it down because of the subject matter. On the other hand, I've had people approach me for art containing subjects that made me uncomfortable as well. I think for me it comes down to the rating of the prospective piece. I understand that gay sex isn't everyone's cup of tea, and I would be perfectly okay if an artist told me that up front. If they preferred to keep it more a romantic picture with no sex, it'd be fine as long as they said honestly that it made them uncomfortable.
What would make it less okay is if they weren't okay with doing even the romantic picture. That's where the homophobia comes in, to my mind. I'm not really sure where to go with this comment because I'm tired, but that's what's coming to mind.

whether or not the artist personally identifies as or with their character, in my opinion, does not apply unless they've agreed to some kind of terms on the representation... If it's the subject matter the artist doesn't wish to draw, that is their choice. They don't wanna draw gay? They don't have to. They don't wanna draw men? they don't have to. They don't wanna draw anything they're either uncomfortable with or aren't in a mood for? If money wasn't already paid to them, the only things to do are give it back and be upfront, or for the commissioner to accept this and find someone who will. Picking someone else will not kill them.

I wouldn't say won't draw the gay = must be a gay hater. there could be a myriad of reasons, but it's not always homophobia, and that shouldn't just be tossed around at the drop of a hat.

If one refuses to do the commission because of the commissioner's race/gender/sexuality, that's something else, and it's something rather unfortunate, but still the choice of the artist. It's their business, and if that's the way they want to represent themselves, let 'em. The client is better off not dealing with them and the artist is better off not dealing with that client.

I can't really say you can compare it to a grocery store because at least on places like da/fa/weasyl, it's most likely not a big corporate company or what have you, but a small private business. If the corner store down the street didn't want to sell me anything because I have a girlfriend, would I be pissed? Yeah. Would it be better to just not give them my business? In my opinion, yes.

I suppose then, where I stand in this is if you didn't pay anything already, drop it and go elsewhere and everyone can be on their merry way? No one should have to explain why they won't draw something if they already stated they won't. Their reasons could be personal, embarrassing, and so on. So I don't believe they should have to drone on about it if they aren't comfortable doing so and it isn't hurting anyone not to.

so.. tl;dr, its probably ultimately the decision of the artist and if it's obvious the client and the artist clash too much or won't agree on something, seek out someone who WILL do what you're asking instead of causing a huge stink unless their actions specifically call for it. . .

im so sorry if that got jumbled, im way tired but have a lot on my mind about this since I read through a lot of the original issue and some things that sparked this journal

I'm gonna steal your numbers because it makes it all tidy, haha.

1) Nope. Any professional has a right to decide their subject matter. Some people don't like to draw cars. Some people don't like to draw furries. From an objective standpoint, I can't see certain sexual situations as any different. If someone has a lack of interest in or inexperience with a certain subject, it could possibly affect the quality of their work or, at the very least, the time they have to invest in it.

If their WON'T DRAW list is too narrow for the market, it'll show in their sales.

2) No. IMO, that's way too invasive. A commissioner shouldn't be digging into an artist's personal feelings, and vice versa.

I will say that, if they're asked, it's probably in their best interest to simply say, "It's not a subject matter that I'm interested in at this time" or any polite variation of that. Being too tight-lipped just invites speculation.

3) Absolutely not. There are way too many reasons why someone might refrain from that content. It could be as simple as disinterest or as complex as they're worried about properly and fairly portraying characters of different orientations and genders. To address the latter, there's a lot of media out there that, intentionally or not, depicts GLBTQ people in a very poor light, and it can be kind of stressful if you're a socially minded person and want to fairly and realistically present such characters.

4) This is a tougher one. I personally don't feel it's the same as being denied at a Walmart or a restaurant, but I also wouldn't do business with a homophobic artist. I've decided against commissioning and even watching certain artists because I disagreed with certain politics or their personal behavior. However, I'd never try to force their hand; I don't believe a self-employed individual whose services don't include necessities can do as much harm as a grocery store, which does provide staples, with homophobic policies.

5) Absolutely not. If an artist were to deny a character simply because it were gay (outside a sexual act), that would be shady. If the artist denied a client who was gay for being gay, that would definitely be discrimination. But refusing a fantasy situation or character could have many reasons behind it, like what I've mentioned in #3. And, truthfully, no matter how much of ourselves we put into a character, they're still a separate, fantastical entity.

1. No. If the artist is not comfortable drawing certain things, for any reason, they do not have to do it. The client has no rights in this regard. They cannot force an artist to do something they don't want to do. They are better off going to someone who clearly has no problem with the subject matter.

2. No.

3. Absolutely not.

4. They are not the same. A single person, operating on their own time, is not required to serve everyone like a public business is. Homophobia is wrong, but they are well within their rights to decline taking your money for their time. It is not impeding on your individual rights not to receive art from this one person. To try and force them to, however, IS an attempt to impede on theirs.

5. This goes back to number one. If the artist is not comfortable drawing the subject matter, it is nowhere near the same thing as discriminating against the client. They just don't want to, or can't, draw it. However, if this is a clear case of question number four, then yes.

Honestly unless the artist outright says or does things to prove they are homophobic, a lot of this requires jumping to conclusions and making assumptions. And neither party looks the better for it.

If an artist is uncomfortable with ANY subject matter, they should not have to draw it, and they should not have to explain their reasons.

It doesn't matter what that subject is.

I know about the situation; they stated no M/M stuff and someone asked if they'd do F/F stuff for commissions. They also stated in replies to the same post, higher up, that they were burned out on drawing porn, but were still drawing porn. Then they just replied with "I can't answer that" instead of A. not answering B. just answering the question of a potential customer "Yes I draw F/F/No I'm not taking commissions for that subject matter right now".
Then when the customer did assume the worst the artist went and posted about it publicly elsewhere and their husband came and argued the race card because someone used the word "ya'll".

You don't have to take commissions for subjects you don't like and you don't have to explain yourself, but you can answer simple inquiries without having to explain yourself and prevent most drama.
Be clear, polite and concise. If people want to argue beyond "Sorry, I don't accept commissions for that subject matter." then a "This is not up for discussion, I wish you luck in finding another artist who can cater to your preferences." is warranted, preferably in private so you don't get dramawhore hanger-ons.

An artist reserves the right to reject a commission prospect for any reason, no questions asked. They do not need to state a reason.

If something makes the artist uncomfortable it makes them uncomfortable, the client needs to respect that.

Well, I don't want to draw straight erotica or male genitalia on commission and would hope that would be respected by a client. Overall a more tactful approach would be to let the inquiring party know in private, but if its an auction or something, you can't very well let them pay and then tell them they won't get what they want.

I understand the difficulties, but if its simply not something you are comfortable with, then I don't think its discrimination not to draw it. It's all in how the situation is handled, though... that's usually the part where people get themselves in trouble. IMO it should be enough to say it and not engage in discussion about it.

Oh yeah, and like others said, answer questions directly or you kind of just make it weird. "I can't answer that" isn't appropriate to a valid clarifying question.