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On December 05 2017 04:27 Danglars wrote:Show nested quote +On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote:On December 05 2017 03:47 Danglars wrote:On December 05 2017 03:33 brian wrote:On December 05 2017 03:09 Danglars wrote: Oral arguments on Masterpiece Cakeshop begin tomorrow.
false equivalence a+. though i can’t see the progressive win here, sexual preference isn’t a protected class yet is it? but i guess while government has run amok with foregoing all checks and balances there’s no reason the courts can’t make it so. Which discrimination do you find legal? When the bakeries don’t like the message (celebratory or antagonistic to gay marriage) or the government commission doesn’t like the message? It really just sounds like you like one flavor of discrimination, in this case shared by people in power against the powerless. Very progressive, I might add. i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes. i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination. again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals. if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against.
you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes. tough call on this one.
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On December 05 2017 04:28 brian wrote:Show nested quote +On December 05 2017 04:27 Danglars wrote:On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote:On December 05 2017 03:47 Danglars wrote:On December 05 2017 03:33 brian wrote:false equivalence a+. though i can’t see the progressive win here, sexual preference isn’t a protected class yet is it? but i guess while government has run amok with foregoing all checks and balances there’s no reason the courts can’t make it so. Which discrimination do you find legal? When the bakeries don’t like the message (celebratory or antagonistic to gay marriage) or the government commission doesn’t like the message? It really just sounds like you like one flavor of discrimination, in this case shared by people in power against the powerless. Very progressive, I might add. i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes. i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination. again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals. if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against. you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes.
My guess is he's trying to treat gay marriage as a thing that's separate from marriage.
But that's not an actual thing. It's just marriage.
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On December 05 2017 04:19 KwarK wrote:Show nested quote +On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to weighing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couples. In a different case, the harms might play out differently.
I'm no lawyer though, so take what I say with a grain of salt. There may be some precedents that I'm unaware of that deal with conflicts between protected classes.
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United States43210 Posts
Either Danglars really believes that the paradox of tolerance is a valid argument that is blowing all of our minds right now or he disagrees with protected classes. Because he's doubling the hell down on this nonsense.
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On December 05 2017 04:33 mozoku wrote:Show nested quote +On December 05 2017 04:19 KwarK wrote:On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to weighing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couple. In a different case, the harms might play out differently. I'm no lawyer though, so take what I say with a grain of salt. Religious objections was an exuse used by churches and buisnesses to discriminate against interracial couples. This ruling would be limited to baking cakes. It will be all forms of service, including building homes.
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United States43210 Posts
On December 05 2017 04:33 mozoku wrote:Show nested quote +On December 05 2017 04:19 KwarK wrote:On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to balancing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couple. In a different case, the harms might play out differently. I'm no lawyer though, so take what I say with a grain of salt. I don't know that the existence of other providers is necessarily relevant to the question of protected classes and discrimination. For example, were a company to fire someone for being black I don't think that we would ask about the availability of other employment in the area before condemning it. Therefore when a company refuses to provide services to a protected class we ought not to ask about the availability of alternate providers of the service.
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On December 05 2017 04:40 Plansix wrote:Show nested quote +On December 05 2017 04:33 mozoku wrote:On December 05 2017 04:19 KwarK wrote:On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to weighing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couple. In a different case, the harms might play out differently. I'm no lawyer though, so take what I say with a grain of salt. Religious objections was an exuse used by churches and buisnesses to discriminate against interracial couples. This ruling would be limited to baking cakes. It will be all forms of service, including building homes. That's false. There's no arguable legitimate religious significance to building a home.
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On December 05 2017 04:31 Logo wrote:Show nested quote +On December 05 2017 04:28 brian wrote:On December 05 2017 04:27 Danglars wrote:On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote:On December 05 2017 03:47 Danglars wrote:On December 05 2017 03:33 brian wrote: [quote] false equivalence a+. though i can’t see the progressive win here, sexual preference isn’t a protected class yet is it?
but i guess while government has run amok with foregoing all checks and balances there’s no reason the courts can’t make it so. Which discrimination do you find legal? When the bakeries don’t like the message (celebratory or antagonistic to gay marriage) or the government commission doesn’t like the message? It really just sounds like you like one flavor of discrimination, in this case shared by people in power against the powerless. Very progressive, I might add. i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes. i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination. again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals. if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against. you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes. My guess is he's trying to treat gay marriage as a thing that's separate from marriage. But that's not an actual thing. It's just marriage.
he’s trying to say if we can say we aren’t baking cakes against gay marriage that we can’t say we must bake cakes for gay marriage.
which is asinine. even if this was remotely the correct argument, in order to make it you’d have to believe homophobia was the exclusive domain of christians, so much so that they are synonymous. ‘Religion and creed is a protected class.’
which is hilarious in its own right. not remotely applicable in the conversation, but hilarious.
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On December 05 2017 04:18 Introvert wrote:Since Nevuk postted about obstruction here is an interesting piece from NRO. The author has been posted here before. Show nested quote + The smoke is clearing from an explosive Mueller investigation weekend of charges, chattering, and tweets. Before the next aftershock, it might be helpful to make three points about where things stand. In ascending order of importance, they are:
1.) There is a great deal of misinformation in the commentariat about how prosecutors build cases.
2.) For all practical purposes, the collusion probe is over. While the “counterintelligence” cover will continue to be exploited so that no jurisdictional limits are placed on Special Counsel Robert Mueller, this is now an obstruction investigation.
3.) That means it is, as it has always been, an impeachment investigation.
Building a Case
Many analysts are under the misimpression that it is typical for federal prosecutors to accept guilty pleas on minor charges in exchange for cooperation that helps build a case on major charges. From this flawed premise, they reason that Mueller is methodically constructing a major case on Trump by accepting minor guilty pleas from Michael Flynn and George Papadopoulos for making false statements, and by indicting Paul Manafort and an associate on charges that have nothing to do with Trump or the 2016 election.
That is simply not how it works, strategically or legally.
As I’ve tried to explain a few times now (see here and here), if a prosecutor has an accomplice cooperator who gives the government incriminating information about the major scheme under investigation, he pressures the accomplice to plead guilty to the major scheme, not to an ancillary process crime — and particularly not to false-statements charges.
Strategically, and for public-relations purposes (which are not inconsequential in a high-profile corruption investigation, just ask Ken Starr), a guilty plea to the major scheme under investigation proves that the major scheme really happened — here, some kind of criminal collusion (i.e., conspiracy) in Russia’s espionage operation against the 2016 election. The guilty-plea allocution, in which the accomplice explains to the court what he and others did to carry out the scheme, puts enormous pressure on other accomplices to come forward and cooperate. In a political corruption case, it can drive public officials out of office.
Justice Department policy calls for prosecutors to indict a defendant on the most serious readily provable charge, not to plead out a case on minor charges to obtain cooperation. The federal sentencing guidelines also encourage this. They allow a judge to sentence the defendant below the often harsh guidelines calculation. This can mean a cooperator gets as little as zero jail time or time-served, no matter how serious the charges. This sentencing leniency happens only if the defendant pleads guilty and provides substantial assistance to the government’s investigation. That is what enables the prosecutor to entice an accomplice to cooperate; the prosecutor does not need to entice cooperation by pleading the case out for a song.
The practice of pressuring a guilty plea to the major charges makes the accomplice a formidable witness at trial. The jury will know that he is facing a potential sentence of perhaps decades in prison unless he discloses everything he knows and tells the truth in his testimony. That is what triggers the prosecutor’s obligation to file the motion that allows the court to sentence under the guidelines-recommended sentence.
Trading a plea on minor charges for cooperation is a foolish gambit that badly damages the prosecutor’s case. It suggests that the cooperator must not have disclosed details about the major scheme. Otherwise the prosecutor would have charged him with it. It implies that the prosecutor is so desperate to make a case on a major target that he gave bad actors a pass on serious charges — something experienced prosecutors know that juries hate.
It is even worse to plead accomplices out on false-statements counts. This establishes that the main thing the jury should know about the accomplice is that he is not to be trusted. That is not how you make someone a strong witness. And unlike the accomplice who pleads guilty to the major scheme, an accomplice who pleads guilty to false statements is looking at a maximum sentence of just five years and a more likely sentence of no time even before he has cooperated — not much of an incentive to disclose everything and tell the truth. A good prosecutor does not front-load the benefits of cooperation; he makes the accomplice earn sentencing leniency by full disclosure and testimony.
The pleas and the indictment have nothing to do with collusion because Mueller has no collusion case. Bottom line: If the FBI had a collusion case of some kind, after well over a year of intensive investigation, Flynn and Papadopoulos would have been pressured to plead guilty to very serious charges — and those serious offenses would be reflected in the charges lodged against Manafort. Obviously, the pleas and the indictment have nothing to do with collusion because Mueller has no collusion case.
It’s Now an Obstruction Investigation
...
rest here http://amp.nationalreview.com/article/454311/mueller-strategy-obstruction-justice-investigation-leading-impeachment I also think it’s more likely Mueller is going after a process crime for Trump, based on Flynn plea, Papadopoulus(so), and Manafort.
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On December 05 2017 04:40 KwarK wrote:Show nested quote +On December 05 2017 04:33 mozoku wrote:On December 05 2017 04:19 KwarK wrote:On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to balancing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couple. In a different case, the harms might play out differently. I'm no lawyer though, so take what I say with a grain of salt. I don't know that the existence of other providers is necessarily relevant to the question of protected classes and discrimination. For example, were a company to fire someone for being black I don't think that we would ask about the availability of other employment in the area before condemning it. Therefore when a company refuses to provide services to a protected class we ought not to ask about the availability of alternate providers of the service. You're ignoring that in this case, there's a legitimate argument from both sides that a protected class is being infringed upon--regardless of which the way the court rules. There's no way around it. There has to be a decision made and there's no hierarchy (that I'm aware of) among protected class. Nor do I believe a hierarchy is a decision the courts should really be making. So the only reasonable way I can think of to make the decision would be to weigh the harms.
Again, there's a good chance I'm wrong because I'm not a lawyer, but I don't think your argument is valid here either.
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On December 05 2017 04:43 mozoku wrote:Show nested quote +On December 05 2017 04:40 Plansix wrote:On December 05 2017 04:33 mozoku wrote:On December 05 2017 04:19 KwarK wrote:On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to weighing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couple. In a different case, the harms might play out differently. I'm no lawyer though, so take what I say with a grain of salt. Religious objections was an exuse used by churches and buisnesses to discriminate against interracial couples. This ruling would be limited to baking cakes. It will be all forms of service, including building homes. That's false. There's no arguable legitimate religious significance to building a home. Artistic expression. It's the same argument being used the cake case. It is the same argument that is always used.
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On December 05 2017 04:28 brian wrote:Show nested quote +On December 05 2017 04:27 Danglars wrote:On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote:On December 05 2017 03:47 Danglars wrote:On December 05 2017 03:33 brian wrote:false equivalence a+. though i can’t see the progressive win here, sexual preference isn’t a protected class yet is it? but i guess while government has run amok with foregoing all checks and balances there’s no reason the courts can’t make it so. Which discrimination do you find legal? When the bakeries don’t like the message (celebratory or antagonistic to gay marriage) or the government commission doesn’t like the message? It really just sounds like you like one flavor of discrimination, in this case shared by people in power against the powerless. Very progressive, I might add. i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes. i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination. again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals. if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against. you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes. tough call on this one. Religious protected classes aren’t very protected at all, if they are free to discriminate against based on the message of the cake, and other groups aren’t. You can just admit you are fine with discrimination against religious people, you know. You don’t have to dance and dodge when it comes down to some bakeries favored and some disfavored by the government.
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On December 05 2017 04:31 Logo wrote:Show nested quote +On December 05 2017 04:28 brian wrote:On December 05 2017 04:27 Danglars wrote:On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote:On December 05 2017 03:47 Danglars wrote:On December 05 2017 03:33 brian wrote: [quote] false equivalence a+. though i can’t see the progressive win here, sexual preference isn’t a protected class yet is it?
but i guess while government has run amok with foregoing all checks and balances there’s no reason the courts can’t make it so. Which discrimination do you find legal? When the bakeries don’t like the message (celebratory or antagonistic to gay marriage) or the government commission doesn’t like the message? It really just sounds like you like one flavor of discrimination, in this case shared by people in power against the powerless. Very progressive, I might add. i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes. i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination. again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals. if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against. you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes. My guess is he's trying to treat gay marriage as a thing that's separate from marriage. But that's not an actual thing. It's just marriage. Oh, by the way, did you have a response for my question? You thought you had a clear moral case, and article and your follow up questions injected doubts if you were sure.
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On December 05 2017 04:50 Danglars wrote:Show nested quote +On December 05 2017 04:28 brian wrote:On December 05 2017 04:27 Danglars wrote:On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote:On December 05 2017 03:47 Danglars wrote:On December 05 2017 03:33 brian wrote: [quote] false equivalence a+. though i can’t see the progressive win here, sexual preference isn’t a protected class yet is it?
but i guess while government has run amok with foregoing all checks and balances there’s no reason the courts can’t make it so. Which discrimination do you find legal? When the bakeries don’t like the message (celebratory or antagonistic to gay marriage) or the government commission doesn’t like the message? It really just sounds like you like one flavor of discrimination, in this case shared by people in power against the powerless. Very progressive, I might add. i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes. i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination. again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals. if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against. you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes. tough call on this one. Religious protected classes aren’t very protected at all, if they are free to discriminate against based on the message of the cake, and other groups aren’t. You can just admit you are fine with discrimination against religious people, you know. You don’t have to dance and dodge when it comes down to some bakeries favored and some disfavored by the government.
like i said in the last post, as funny as it is, homophobia and christianity are not synonymous. i am fully against all discrimination against protected classes. so much so that i’d prefer to broaden the definition of protected classes federally.
this is just not one of those examples. you are just utterly out of your depth with regards to the word discrimination and it’s legal meaning.
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On December 05 2017 04:43 brian wrote:Show nested quote +On December 05 2017 04:31 Logo wrote:On December 05 2017 04:28 brian wrote:On December 05 2017 04:27 Danglars wrote:On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote:On December 05 2017 03:47 Danglars wrote: [quote] Which discrimination do you find legal? When the bakeries don’t like the message (celebratory or antagonistic to gay marriage) or the government commission doesn’t like the message?
It really just sounds like you like one flavor of discrimination, in this case shared by people in power against the powerless. Very progressive, I might add. i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes. i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination. again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals. if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against. you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes. My guess is he's trying to treat gay marriage as a thing that's separate from marriage. But that's not an actual thing. It's just marriage. he’s trying to say if we can say we aren’t baking cakes against gay marriage that we can’t say we must bake cakes for gay marriage. which is asinine. even if this was remotely the correct argument, in order to make it you’d have to believe homophobia was the exclusive domain of christians, so much so that they are synonymous. ‘Religion and creed is a protected class.’ which is hilarious in its own right. not remotely applicable in the conversation, but hilarious. You literally defended bakeries refusing service to religious buyers wanting a cake celebrating a biblical message on marriage and attacked bakeries refusing service to gay buyers wanting a cake celebrating their gay marriage. It you can justify that in your mind, maybe I’ll have to reconsider my views on certain Trump supporters and Moore supporters.
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On December 05 2017 04:54 Danglars wrote:Show nested quote +On December 05 2017 04:43 brian wrote:On December 05 2017 04:31 Logo wrote:On December 05 2017 04:28 brian wrote:On December 05 2017 04:27 Danglars wrote:On December 05 2017 04:21 brian wrote:On December 05 2017 04:19 Danglars wrote:On December 05 2017 04:15 brian wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. and while you’re getting deep into nuance, you’re not quite nailing it. that the bakery sells to other gays doesn’t prove innocence. the question is why the bakery doesn’t service this customers. does the bakery sell wedding cakes? yea. to the gay couple? no. if being gay was a protected class, this is illegal. hands down. having sold to gays before is irrelevant. On December 05 2017 04:15 Danglars wrote:On December 05 2017 03:55 brian wrote: [quote] i find ‘discrimination’ legal when it’s done on any basis not regarding protected classes.
i don’t differ from the legal definitions here. if sexual preference were protected, only one of those examples is discrimination.
again, i’m pretty sure it’s not, and so neither are. try taking off your partisan blinders. this has nothing at all to do with my own ideals.
if it were up to me, yes, sexual orientation would be a protected class in which case only one of these examples is discrimination. people that hate gay marriage are not a protected class. and shouldn’t be. that’s woefully stupid. Religion or creed is a protected class. On principle, you disagree with the Colorado commission discriminating against religious individuals that were turned down seeking cakes more in tune with their religious beliefs. your first sentence is correct, though it has no bearing on either your second sentence or your earlier question. they were not denied on the basis of being christian. Neither were the gay couple denied on the basis of being gay. assuming the bakery serves wedding cakes(it does), not serving wedding cakes to gay couples has no other reason. but i don’t have the time or inclination to tell you how and when discrimination is discrimination. their religious beliefs driving them to this conclusion does not change the conclusion. i don’t even think this was discrimination in the first place. even though i’d like it to be. that’s just not how the law works. It sells pre-made wedding cakes to gay couples. You’re discriminating based on message against religious customers and for gay customers, and content with government privileging certain groups. You’re just lucky the bureaucrats in charge agree with who you think deserve to be discriminated against. you again demonstrate a fundamental misunderstanding of the law. that or Kwark’s got you nailed, and you don’t like protected classes. My guess is he's trying to treat gay marriage as a thing that's separate from marriage. But that's not an actual thing. It's just marriage. he’s trying to say if we can say we aren’t baking cakes against gay marriage that we can’t say we must bake cakes for gay marriage. which is asinine. even if this was remotely the correct argument, in order to make it you’d have to believe homophobia was the exclusive domain of christians, so much so that they are synonymous. ‘Religion and creed is a protected class.’ which is hilarious in its own right. not remotely applicable in the conversation, but hilarious. You literally defended bakeries refusing service to religious buyers wanting a cake celebrating a biblical message on marriage and attacked bakeries refusing service to gay buyers wanting a cake celebrating their gay marriage. It you can justify that in your mind, maybe I’ll have to reconsider my views on certain Trump supporters and Moore supporters.
no, i didn’t. you just have no idea what you are talking about. the only way you can get there from what i said is if you fully believe homophobia and christianity are synonymous, and homophobia is the exclusive domain of the christians. and this is obviously ludicrous.
but kudos on getting closer to understanding what discrimination actually means. you’re a quick study.
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On December 05 2017 04:48 mozoku wrote:Show nested quote +On December 05 2017 04:40 KwarK wrote:On December 05 2017 04:33 mozoku wrote:On December 05 2017 04:19 KwarK wrote:On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to balancing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couple. In a different case, the harms might play out differently. I'm no lawyer though, so take what I say with a grain of salt. I don't know that the existence of other providers is necessarily relevant to the question of protected classes and discrimination. For example, were a company to fire someone for being black I don't think that we would ask about the availability of other employment in the area before condemning it. Therefore when a company refuses to provide services to a protected class we ought not to ask about the availability of alternate providers of the service. You're ignoring that in this case, there's a legitimate argument from both sides that a protected class of being infringed--regardless of which the way the court rules. There's no way around it. There has to be a decision made, and there's no hierarchy (that I'm aware of) among protected class. Nor do I believe a hierarchy is a decision the courts should really be making. So the only reasonable way I can think of to make the decision would be to weigh the harms. Again, there's a good chance I'm wrong because I'm not a lawyer, but I don't think your argument is valid here either. There’s a de-facto hierarchy in the Colorado Civil Rights Commission based on their unequal treatment of creative businesses refusing service. The Supreme Court gets a chance to settle that now.
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Not wanting to have a house built somewhere can be part of someone's religious beliefs (see the black hills)
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United States43210 Posts
On December 05 2017 04:48 mozoku wrote:Show nested quote +On December 05 2017 04:40 KwarK wrote:On December 05 2017 04:33 mozoku wrote:On December 05 2017 04:19 KwarK wrote:On December 05 2017 04:18 mozoku wrote:On December 05 2017 04:13 KwarK wrote:On December 05 2017 04:10 mozoku wrote:On December 05 2017 03:43 KwarK wrote: Wow! They're going with "how can it be wrong to refuse service to homosexuals if it's not wrong to refuse service to homophobes?!"
What's next? Making it legal to racially discriminate in employment because it's legal to discriminate against racists?
How are these people going through life completely unaware that they're all total fucking idiots? Did nobody tell them? This ignores all nuance of the case. The baker has already offered to sell all other regular baked goods. It only declines to sell wedding cakes, as a wedding has religious meaning to a Christian. It's not hard to imagine that if you're a Christian baker and you legitimately believe a gay marriage will condemn the participants to Hell, that it's your religious duty not to abet it. Forcing the baker to make the cake is a legitimate infringement on religious beliefs there. If the baker refuses to sell anything to gays, then obviously there's no case. But that isn't what's happening. If it was a caterer who wouldn't cater interracial marriages but didn't deny other services to African Americans then would you have the same view? What religion has any remotely defendable interpretation that condemns interracial marriages? Mormonism. FLDS for example. But either way the question merits an answer. If the argument works for a gay wedding cake then it must also work for an interracial wedding cake. Either religious beliefs trump protected classes or they don't. Then I would imagine it comes down to balancing the harms. Neither trumps the other. There are plenty of caterers and wedding cake bakers without legitimate moral/religious qualms that can perform a similar duty for either interracial or same-sex couple. In a different case, the harms might play out differently. I'm no lawyer though, so take what I say with a grain of salt. I don't know that the existence of other providers is necessarily relevant to the question of protected classes and discrimination. For example, were a company to fire someone for being black I don't think that we would ask about the availability of other employment in the area before condemning it. Therefore when a company refuses to provide services to a protected class we ought not to ask about the availability of alternate providers of the service. You're ignoring that in this case, there's a legitimate argument from both sides that a protected class is being infringed upon--regardless of which the way the court rules. There's no way around it. There has to be a decision made and there's no hierarchy (that I'm aware of) among protected class. Nor do I believe a hierarchy is a decision the courts should really be making. So the only reasonable way I can think of to make the decision would be to weigh the harms. Again, there's a good chance I'm wrong because I'm not a lawyer, but I don't think your argument is valid here either. There actually is a hierarchy of protected classes,of sorts. Age is weakest, you can discriminate against anyone under 40 on the grounds of age, either too old or too young. Over 40 you can't discriminate for either, so you can't fire a 40 year old guy to hire a 50. Job specific exemptions apply. Religion, disability, and sex are stronger but all allow job specific exemptions such as being Christian to be a priest. Race is strongest with no exceptions allowed ever.
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