NATION

PASSWORD

Judge orders Colorado baker to serve gay couples

For discussion and debate about anything. (Not a roleplay related forum; out-of-character commentary only.)

Advertisement

Remove ads

Who do you agree with?

The couple
323
51%
The Baker
252
40%
neither
57
9%
 
Total votes : 632

User avatar
The Scientific States
Post Marshal
 
Posts: 18643
Founded: Apr 29, 2013
Ex-Nation

Postby The Scientific States » Mon Dec 09, 2013 9:40 pm

Mavorpen wrote:
The Scientific States wrote:
Wait, so I could make a religious exception because I think someone's ugly when they walk into a store?

"Yeah, he's ugly, I'm not discriminating, it's against my religion, Jesus was hawt, he isn't. "

Well, you could actually send someone away for being ugly. "Ugly" isn't a protected group under the law. :p


"You sir have a nose as big as Ringo Starr's, please leave the premises." :p

Everyone would have a problem with that, because you can't discriminate against those who may not look "good", but if gays are refused the right to service, people think the business is "acting accordingly."
Centrist, Ordoliberal, Bisexual, Agnostic, Pro Social Market Economy, Pro Labour Union, Secular Humanist, Cautious Optimist, Pro LGBT, Pro Marijuana Legalization, Pro Humanitarian Intervention etc etc.
Compass
Economic Left/Right: 0.88
Social Liberal/Authoritarian: -6.62
Political Stuff I Wrote
Why Pinochet and Allende were both terrible
The UKIP: A Bad Choice for Britain
Why South Africa is in a sorry state, and how it can be fixed.
Massive List of My OOC Pros and Cons
Hey, Putin! Leave Ukraine Alone!

User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:41 pm

Mavorpen wrote:
Auralia wrote:
What is the rational basis for ensuring equal access to all public accommodations versus the vast majority of public accommodations?

So I take it you're conceding, since you're asking me completely irrelevant questions?

No, the point I'm trying to make is that there is no rational basis for requiring that the baker provide the service when someone else is willing to provide an equivalent service. Laws need to have a rational basis to be upheld by the judiciary.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
The Scientific States
Post Marshal
 
Posts: 18643
Founded: Apr 29, 2013
Ex-Nation

Postby The Scientific States » Mon Dec 09, 2013 9:41 pm

Auralia wrote:
Mavorpen wrote:So I take it you're conceding, since you're asking me completely irrelevant questions?

No, the point I'm trying to make is that there is no rational basis for requiring that the baker provide the service when someone else is willing to provide an equivalent service. Laws need to have a rational basis to be upheld by the judiciary.


There is a rational basis, how is the right not to be discriminated against not a rational basis?
Centrist, Ordoliberal, Bisexual, Agnostic, Pro Social Market Economy, Pro Labour Union, Secular Humanist, Cautious Optimist, Pro LGBT, Pro Marijuana Legalization, Pro Humanitarian Intervention etc etc.
Compass
Economic Left/Right: 0.88
Social Liberal/Authoritarian: -6.62
Political Stuff I Wrote
Why Pinochet and Allende were both terrible
The UKIP: A Bad Choice for Britain
Why South Africa is in a sorry state, and how it can be fixed.
Massive List of My OOC Pros and Cons
Hey, Putin! Leave Ukraine Alone!

User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:42 pm

Tekania wrote:
Auralia wrote:
Yes, it does. That's the whole point - RFRA allows judges to make religious exceptions to laws when appropriate. If the legislature doesn't want the RFRA to apply to a particular law, then they can just say "the RFRA does not apply to this law." And the federal RFRA certainly applies to Congress - see Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal.


Stop bringing up the Federal RFRA, he FEDERAL RFRA and the SCOTUS rulings are immaterial to NM state codes and judicial rulings on NM law and constitution. The highest court review authority in the NM law and code is the New Mexico Supreme Court..... and we know their ruling.

Actually, the highest court review for New Mexico law is the Supreme Court of the United States.

And I've already said that this is a hypothetical discussion, since Colorado has no RFRA.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 9:42 pm

Auralia wrote:No, the point I'm trying to make is that there is no rational basis for requiring that the baker provide the service when someone else is willing to provide an equivalent service. Laws need to have a rational basis to be upheld by the judiciary.

And that rational basis is that it serves the government's interest.

We just went over this.
"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

User avatar
The Emerald Dawn
Postmaster of the Fleet
 
Posts: 20824
Founded: Jun 11, 2012
Ex-Nation

Postby The Emerald Dawn » Mon Dec 09, 2013 9:42 pm

Geilinor wrote:
UED wrote:
HOLY !@#$

Unless you can make the case that being ugly is a disability.

If your ugliness has reached the point that you suffer from long-lasting incurable depression, and it affects your ability to carry on a healthy, lasting, relationship with other people, the SSA would consider you disabled.

BAM.

I did it.

User avatar
UED
Senator
 
Posts: 4889
Founded: Jul 08, 2013
Ex-Nation

Postby UED » Mon Dec 09, 2013 9:42 pm

The Emerald Dawn wrote:
Geilinor wrote:Unless you can make the case that being ugly is a disability.

If your ugliness has reached the point that you suffer from long-lasting incurable depression, and it affects your ability to carry on a healthy, lasting, relationship with other people, the SSA would consider you disabled.

BAM.

I did it.


O_O
Political and religious views don't define whether you are a good or bad person, unless you want to actively hurt everyone who doesn't believe what you say.

User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:43 pm

The Scientific States wrote:
Auralia wrote:
Yes, it does. That's the whole point - RFRA allows judges to make religious exceptions to laws when appropriate. If the legislature doesn't want the RFRA to apply to a particular law, then they can just say "the RFRA does not apply to this law." And the federal RFRA certainly applies to Congress - see Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal.


Wait, so I could make a religious exception because I think someone's ugly when they walk into a store?

"Yeah, he's ugly, I'm not discriminating, it's against my religion, Jesus was hawt, he isn't. "


In that case, you don't need a religious exception. "Ugliness" is not protected grounds in any anti-discrimination law, to my knowledge.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
Soldati Senza Confini
Post Kaiser
 
Posts: 86050
Founded: Mar 11, 2013
Ex-Nation

Postby Soldati Senza Confini » Mon Dec 09, 2013 9:43 pm

The Emerald Dawn wrote:
Soldati senza confini wrote:
Hold on the brakes!

I'm sorry, but can you point where in Adam Smith's works, or, in fact, can you point to any Business Administration course that teaches this bullshit?

20$ on source being from Oral Roberts.


Why would I not be impressed by it? :p
Soldati senza confini: Better than an iPod in shuffle more with 20,000 songs.
Tekania wrote:Welcome to NSG, where informed opinions get to bump-heads with ignorant ideology under the pretense of an equal footing.

"When it’s a choice of putting food on the table, or thinking about your morals, it’s easier to say you’d think about your morals, but only if you’ve never faced that decision." - Anastasia Richardson

Current Goal: Flesh out nation factbook.

User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:43 pm

Geilinor wrote:
Auralia wrote:
Irrelevant. The point I was trying to make is that laws must have a rational basis to be upheld by the judiciary.

Preventing discrimination is perfectly rational.

Even when an equivalent service is easily available elsewhere?
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:44 pm

Mavorpen wrote:
Auralia wrote:No, the point I'm trying to make is that there is no rational basis for requiring that the baker provide the service when someone else is willing to provide an equivalent service. Laws need to have a rational basis to be upheld by the judiciary.

And that rational basis is that it serves the government's interest.

We just went over this.

That's circular reasoning. The rational basis for an alleged governmental interest cannot be that it serves a government interest.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
The Scientific States
Post Marshal
 
Posts: 18643
Founded: Apr 29, 2013
Ex-Nation

Postby The Scientific States » Mon Dec 09, 2013 9:45 pm

Auralia wrote:
The Scientific States wrote:
Wait, so I could make a religious exception because I think someone's ugly when they walk into a store?

"Yeah, he's ugly, I'm not discriminating, it's against my religion, Jesus was hawt, he isn't. "


In that case, you don't need a religious exception. "Ugliness" is not protected grounds in any anti-discrimination law, to my knowledge.


Good point. However, what if you made a religious exception to take someone who is Hispanic off the premises? What would you think?
Centrist, Ordoliberal, Bisexual, Agnostic, Pro Social Market Economy, Pro Labour Union, Secular Humanist, Cautious Optimist, Pro LGBT, Pro Marijuana Legalization, Pro Humanitarian Intervention etc etc.
Compass
Economic Left/Right: 0.88
Social Liberal/Authoritarian: -6.62
Political Stuff I Wrote
Why Pinochet and Allende were both terrible
The UKIP: A Bad Choice for Britain
Why South Africa is in a sorry state, and how it can be fixed.
Massive List of My OOC Pros and Cons
Hey, Putin! Leave Ukraine Alone!

User avatar
United Angkoria
Envoy
 
Posts: 328
Founded: Sep 09, 2013
Ex-Nation

Postby United Angkoria » Mon Dec 09, 2013 9:45 pm

If you want to live your lifestyle that is your choice but don't ask for approval from everyone.
"Our Nation is the Unity of Angkorian Blood and Body"
NATIONRELIGIONPEOPLE

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 9:46 pm

Auralia wrote:
Mavorpen wrote:And that rational basis is that it serves the government's interest.

We just went over this.

That's circular reasoning. The rational basis for an alleged governmental interest cannot be that it serves a government interest.

The fuck? You just said that "laws need to have a rational basis..." The law's rational basis is governmental interest. I said jack shit about what the rational basis for governmental interest is.
"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

User avatar
The Black Forrest
Khan of Spam
 
Posts: 55598
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 9:46 pm

Auralia wrote:
Geilinor wrote:Preventing discrimination is perfectly rational.

Even when an equivalent service is easily available elsewhere?


So preventing discrimination is irrational?
*I am a master proofreader after I click Submit.
* There is actually a War on Christmas. But Christmas started it, with it's unparalleled aggression against the Thanksgiving Holiday, and now Christmas has seized much Lebensraum in November, and are pushing into October. The rest of us seek to repel these invaders, and push them back to the status quo ante bellum Black Friday border. -Trotskylvania
* Silence Is Golden But Duct Tape Is Silver.
* I felt like Ayn Rand cornered me at a party, and three minutes in I found my first objection to what she was saying, but she kept talking without interruption for ten more days. - Max Barry talking about Atlas Shrugged

User avatar
The Emerald Dawn
Postmaster of the Fleet
 
Posts: 20824
Founded: Jun 11, 2012
Ex-Nation

Postby The Emerald Dawn » Mon Dec 09, 2013 9:46 pm

Soldati senza confini wrote:
The Emerald Dawn wrote:20$ on source being from Oral Roberts.


Why would I not be impressed by it? :p

"What is: Oral Roberts has long had a reputation as producing some well-educated, emotionally stunted, worldly inexperienced graduates."

Do I win?

User avatar
The Scientific States
Post Marshal
 
Posts: 18643
Founded: Apr 29, 2013
Ex-Nation

Postby The Scientific States » Mon Dec 09, 2013 9:47 pm

United Angkoria wrote:If you want to live your lifestyle that is your choice but don't ask for approval from everyone.


Ever heard of anti discrimination laws? The Civil Rights Act of 1964. Id like to mention that being gay is not a "lifestyle", but that's for another day.
Centrist, Ordoliberal, Bisexual, Agnostic, Pro Social Market Economy, Pro Labour Union, Secular Humanist, Cautious Optimist, Pro LGBT, Pro Marijuana Legalization, Pro Humanitarian Intervention etc etc.
Compass
Economic Left/Right: 0.88
Social Liberal/Authoritarian: -6.62
Political Stuff I Wrote
Why Pinochet and Allende were both terrible
The UKIP: A Bad Choice for Britain
Why South Africa is in a sorry state, and how it can be fixed.
Massive List of My OOC Pros and Cons
Hey, Putin! Leave Ukraine Alone!

User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:47 pm

The Scientific States wrote:
Auralia wrote:
In that case, you don't need a religious exception. "Ugliness" is not protected grounds in any anti-discrimination law, to my knowledge.


Good point. However, what if you made a religious exception to take someone who is Hispanic off the premises? What would you think?


I think an exception would be justified if an equivalent service was easily available elsewhere.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
The Black Forrest
Khan of Spam
 
Posts: 55598
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 9:47 pm

Auralia wrote:
The Scientific States wrote:
Good point. However, what if you made a religious exception to take someone who is Hispanic off the premises? What would you think?


I think an exception would be justified if an equivalent service was easily available elsewhere.


So what is the rational reason for discrimination?
*I am a master proofreader after I click Submit.
* There is actually a War on Christmas. But Christmas started it, with it's unparalleled aggression against the Thanksgiving Holiday, and now Christmas has seized much Lebensraum in November, and are pushing into October. The rest of us seek to repel these invaders, and push them back to the status quo ante bellum Black Friday border. -Trotskylvania
* Silence Is Golden But Duct Tape Is Silver.
* I felt like Ayn Rand cornered me at a party, and three minutes in I found my first objection to what she was saying, but she kept talking without interruption for ten more days. - Max Barry talking about Atlas Shrugged

User avatar
The Black Forrest
Khan of Spam
 
Posts: 55598
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 9:48 pm

Auralia wrote:
The Scientific States wrote:
Good point. However, what if you made a religious exception to take someone who is Hispanic off the premises? What would you think?


I think an exception would be justified if an equivalent service was easily available elsewhere.


Ohhh so as long as niggers can get help somewhere else; it's ok?
*I am a master proofreader after I click Submit.
* There is actually a War on Christmas. But Christmas started it, with it's unparalleled aggression against the Thanksgiving Holiday, and now Christmas has seized much Lebensraum in November, and are pushing into October. The rest of us seek to repel these invaders, and push them back to the status quo ante bellum Black Friday border. -Trotskylvania
* Silence Is Golden But Duct Tape Is Silver.
* I felt like Ayn Rand cornered me at a party, and three minutes in I found my first objection to what she was saying, but she kept talking without interruption for ten more days. - Max Barry talking about Atlas Shrugged

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 9:49 pm

The Black Forrest wrote:
Auralia wrote:
I think an exception would be justified if an equivalent service was easily available elsewhere.


Ohhh so as long as niggers can get help somewhere else; it's ok?

It's almost like "Separate But Equal" was struck down as bullshit by the Supreme Court.
"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

User avatar
Othelos
Postmaster-General
 
Posts: 12729
Founded: Feb 05, 2013
Ex-Nation

Postby Othelos » Mon Dec 09, 2013 9:49 pm

The Black Forrest wrote:
Auralia wrote:
I think an exception would be justified if an equivalent service was easily available elsewhere.


Ohhh so as long as niggers can get help somewhere else; it's ok?

Yes.

The good ole' days of segregation!
American & German, ich kann auch Deutsch. I have a B.S. in finance.
Pro: Human rights, equality, LGBT rights, socialized healthcare, the EU in theory, green energy, public transportation, the internet as a utility
Anti: Authoritarian regimes and systems, the Chinese government, identity politics, die AfD, populism, organized religion, Erdogan, assault weapon ownership
Free Tibet and Hong Kong | Keep Taiwan Independent

User avatar
The Scientific States
Post Marshal
 
Posts: 18643
Founded: Apr 29, 2013
Ex-Nation

Postby The Scientific States » Mon Dec 09, 2013 9:49 pm

Auralia wrote:
The Scientific States wrote:
Good point. However, what if you made a religious exception to take someone who is Hispanic off the premises? What would you think?


I think an exception would be justified if an equivalent service was easily available elsewhere.


What if the service is necessary? For instance, lets say someone needs something from a privately run clinic, and they need whatever is in that clinic for their life. Unfortunately for them they live in a small town full of bigots, and the man is told to find help elsewhere because he is gay.

Is that rational?
Centrist, Ordoliberal, Bisexual, Agnostic, Pro Social Market Economy, Pro Labour Union, Secular Humanist, Cautious Optimist, Pro LGBT, Pro Marijuana Legalization, Pro Humanitarian Intervention etc etc.
Compass
Economic Left/Right: 0.88
Social Liberal/Authoritarian: -6.62
Political Stuff I Wrote
Why Pinochet and Allende were both terrible
The UKIP: A Bad Choice for Britain
Why South Africa is in a sorry state, and how it can be fixed.
Massive List of My OOC Pros and Cons
Hey, Putin! Leave Ukraine Alone!

User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:50 pm

Mavorpen wrote:
Auralia wrote:That's circular reasoning. The rational basis for an alleged governmental interest cannot be that it serves a government interest.

The fuck? You just said that "laws need to have a rational basis..." The law's rational basis is governmental interest. I said jack shit about what the rational basis for governmental interest is.


That's not how rational basis review works. In rational basis review, you have to enumerate a legitimate governmental interest, then explain how the law is rationally related to the governmental interest. You have yet to explain how eradicating discrimination vs. ensuring that equivalent services are available constitutes a legitimate governmental interest.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
UED
Senator
 
Posts: 4889
Founded: Jul 08, 2013
Ex-Nation

Postby UED » Mon Dec 09, 2013 9:50 pm

Othelos wrote:
The Black Forrest wrote:
Ohhh so as long as niggers can get help somewhere else; it's ok?

Yes.

The good ole' days of segregation!


lol this is why I love NS
Political and religious views don't define whether you are a good or bad person, unless you want to actively hurt everyone who doesn't believe what you say.

PreviousNext

Advertisement

Remove ads

Return to General

Who is online

Users browsing this forum: Archinstinct, Dakran, Fahran, Galloism, Grinning Dragon, Necroghastia, New Ciencia, New haven america, Port Caverton, The Sherpa Empire

Advertisement

Remove ads