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NM Supreme Court Forces Christian to Take Gay Wedding Photos

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Was it right for the NM Supreme Court to force Ms. Huguenin to photograph a gay wedding ceremony?

Yes
257
45%
No
308
55%
 
Total votes : 565

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Mavorpen
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Postby Mavorpen » Fri Aug 23, 2013 4:23 pm

Auralia wrote:
Mavorpen wrote:It was private sector discrimination.

And on what grounds did the Supreme Court declare it illegal?

A private business can't discriminate on religious grounds.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:25 pm

Geilinor wrote:
Auralia wrote:Yes, for the Free Exercise Clause of the First Amendment. The federal and state RFRAs are different, though.

Let's talk about state RFRAs, then. You brought up SCOTUS in the first place. Gay rights are a compelling state interest, just as the rights of racial minorities are a state interest, as I have said numerous times.

Simply saying "gay rights" is not sufficient to meet the compelling interest requirement. How does Elaine Photography's refusal to photograph a gay couple constitute a substantial burden on gay rights?
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Geilinor
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Postby Geilinor » Fri Aug 23, 2013 4:26 pm

Mavorpen wrote:
Auralia wrote:And on what grounds did the Supreme Court declare it illegal?

A private business can't discriminate on religious grounds.

The Civil Rights Act of 1964 covers religious discrimination. If the federal government can enforce racial desegregation, it can enforce religious desegregation.
Last edited by Geilinor on Fri Aug 23, 2013 4:26 pm, edited 1 time in total.
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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:26 pm

Mavorpen wrote:
Auralia wrote:And on what grounds did the Supreme Court declare it illegal?

A private business can't discriminate on religious grounds.

Per the Constitution? Per the Civil Rights Act?
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Geilinor
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Postby Geilinor » Fri Aug 23, 2013 4:28 pm

Auralia wrote:
Mavorpen wrote:A private business can't discriminate on religious grounds.

Per the Constitution? Per the Civil Rights Act?

I'd say the Civil Rights Act and Heart of Atlanta Motel v. United States.
Last edited by Geilinor on Fri Aug 23, 2013 4:28 pm, edited 1 time in total.
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Blasveck
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Postby Blasveck » Fri Aug 23, 2013 4:29 pm

Geilinor wrote:
Auralia wrote:Per the Constitution? Per the Civil Rights Act?

I'd say the Civil Rights Act and Heart of Atlanta Motel v. United States.


Doesn't HoA have to do with the regulation of interstate commerce?
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Mavorpen
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Postby Mavorpen » Fri Aug 23, 2013 4:30 pm

Auralia wrote:
Mavorpen wrote:A private business can't discriminate on religious grounds.

Per the Constitution? Per the Civil Rights Act?

Both.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:31 pm

Geilinor wrote:
Auralia wrote:Per the Constitution? Per the Civil Rights Act?

I'd say the Civil Rights Act and Heart of Atlanta Motel v. United States.

The federal RFRA can overrule any federal legislation, and RFRA didn't exist when Heart of Atlanta Motel v. United States was decided.
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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:32 pm

Mavorpen wrote:
Auralia wrote:Per the Constitution? Per the Civil Rights Act?

Both.

Where does the Constitution prohibit private sector discrimination?
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The Parkus Empire
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Postby The Parkus Empire » Fri Aug 23, 2013 4:33 pm

Auralia wrote:
Geilinor wrote:Let's talk about state RFRAs, then. You brought up SCOTUS in the first place. Gay rights are a compelling state interest, just as the rights of racial minorities are a state interest, as I have said numerous times.

Simply saying "gay rights" is not sufficient to meet the compelling interest requirement. How does Elaine Photography's refusal to photograph a gay couple constitute a substantial burden on gay rights?

How does forcing them to not discriminate, constitute a substantial burden on religious rights?
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Wikkiwallana
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Postby Wikkiwallana » Fri Aug 23, 2013 4:33 pm

Auralia wrote:
Geilinor wrote:Let's talk about state RFRAs, then. You brought up SCOTUS in the first place. Gay rights are a compelling state interest, just as the rights of racial minorities are a state interest, as I have said numerous times.

Simply saying "gay rights" is not sufficient to meet the compelling interest requirement. How does Elaine Photography's refusal to photograph a gay couple constitute a substantial burden on gay rights?

How does a wedding photographer being told to photograph a wedding constitute a substantial burden on religious rights?
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Postby Gauthier » Fri Aug 23, 2013 4:33 pm

Naturally, some of the same people insisting that businesses have a right to follow Christian dogma will throw a bitchfit if a Muslim business is allowed to do the same thing..
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Mavorpen
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Postby Mavorpen » Fri Aug 23, 2013 4:33 pm

Auralia wrote:
Mavorpen wrote:Both.

Where does the Constitution prohibit private sector discrimination?

Who said it does?
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:35 pm

Mavorpen wrote:
Auralia wrote:Where does the Constitution prohibit private sector discrimination?

Who said it does?

You did:

Mavorpen wrote:
Auralia wrote:
A private business can't discriminate on religious grounds.

Per the Constitution? Per the Civil Rights Act?

Both.
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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:35 pm

Gauthier wrote:Naturally, some of the same people insisting that businesses have a right to follow Christian dogma will throw a bitchfit if a Muslim business is allowed to do the same thing..

I wouldn't.
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Hetalian Indie Rio de Janeiro
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Postby Hetalian Indie Rio de Janeiro » Fri Aug 23, 2013 4:35 pm

Neo Arcad wrote:
Mavorpen wrote:Many whites in the 1960s would disagree.

Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.


*raises hand*

Why are Malaysians suddenly their own race? Did you get that from a "Join the Malaysian Federation" propaganda pamphlet?

Austronesians are not part of the phenotype group putting the Vietnamese and the Japanese as related. That is clear.
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Geilinor
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Postby Geilinor » Fri Aug 23, 2013 4:35 pm

Auralia wrote:
Geilinor wrote:I'd say the Civil Rights Act and Heart of Atlanta Motel v. United States.

The federal RFRA can overrule any federal legislation, and RFRA didn't exist when Heart of Atlanta Motel v. United States was decided.

The Civil Rights Act is still in full force.
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The Parkus Empire
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Postby The Parkus Empire » Fri Aug 23, 2013 4:36 pm

Gauthier wrote:Naturally, some of the same people insisting that businesses have a right to follow Christian dogma will throw a bitchfit if a Muslim business is allowed to do the same thing..

Especially if all-of-a-sudden Muslims make up 90% of their town.
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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:36 pm

Geilinor wrote:
Auralia wrote:The federal RFRA can overrule any federal legislation, and RFRA didn't exist when Heart of Atlanta Motel v. United States was decided.

The Civil Rights Act is still in full force.

Yes, it is. But it could conceivably be challenged under RFRA, and depending on the circumstances, I think such a challenge could be successful.
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Mavorpen
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Postby Mavorpen » Fri Aug 23, 2013 4:37 pm

Auralia wrote:
Mavorpen wrote:Who said it does?

You did:

No. I said SCOTUS ruled that it's constitutional for the federal government to prohibit private sector discrimination.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

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The Parkus Empire
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Postby The Parkus Empire » Fri Aug 23, 2013 4:37 pm

Auralia wrote:
Geilinor wrote:The Civil Rights Act is still in full force.

Yes, it is. But it could conceivably be challenged under RFRA, and depending on the circumstances, I think such a challenge could be successful.

I really don't think so.
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Geilinor
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Postby Geilinor » Fri Aug 23, 2013 4:37 pm

Wikkiwallana wrote:
Auralia wrote:Simply saying "gay rights" is not sufficient to meet the compelling interest requirement. How does Elaine Photography's refusal to photograph a gay couple constitute a substantial burden on gay rights?

How does a wedding photographer being told to photograph a wedding constitute a substantial burden on religious rights?

I have no idea. I don't think the Bible has anything against watching gay weddings.
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Mavorpen
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Postby Mavorpen » Fri Aug 23, 2013 4:38 pm

Auralia wrote:
Geilinor wrote:The Civil Rights Act is still in full force.

Yes, it is. But it could conceivably be challenged under RFRA, and depending on the circumstances, I think such a challenge could be successful.

Stop lying. RFRA has never been intended to do such a thing, nor has it been demonstrated to have the power to do so.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

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Geilinor
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Postby Geilinor » Fri Aug 23, 2013 4:38 pm

The Parkus Empire wrote:
Auralia wrote:Yes, it is. But it could conceivably be challenged under RFRA, and depending on the circumstances, I think such a challenge could be successful.

I really don't think so.

I agree. I don't know what to say about people who think the Civil Rights Act could be unconstitutional.
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Auralia
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Postby Auralia » Fri Aug 23, 2013 4:39 pm

Wikkiwallana wrote:
Auralia wrote:Simply saying "gay rights" is not sufficient to meet the compelling interest requirement. How does Elaine Photography's refusal to photograph a gay couple constitute a substantial burden on gay rights?

How does a wedding photographer being told to photograph a wedding constitute a substantial burden on religious rights?

If participation in a gay wedding is against the photographer's sincerely-held religious beliefs, then it is a substantial burden on freedom of religion.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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