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Judge orders Colorado baker to serve gay couples

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

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Who do you agree with?

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

User avatar
Myrensis
Negotiator
 
Posts: 5750
Founded: Oct 05, 2010
Inoffensive Centrist Democracy

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

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


They didn't ask for approval, they asked for a cake, from a business that makes cakes.
Last edited by Myrensis on Mon Dec 09, 2013 9:51 pm, edited 1 time in total.

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

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

The Scientific States wrote:
Auralia wrote:
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?


Then an equivalent service is not easily available elsewhere, and so an exception would not be justified.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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 9:50 pm

Mavorpen wrote:
The Black Forrest wrote:
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.

Well, the Voting Rights Act was dismantled.

Why not the Civil Rights gains?

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The Black Forrest
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Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 9:50 pm

Auralia wrote:
Mavorpen wrote: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.


So? What don't you educate us and explain the rational basis 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

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Mavorpen
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Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 9:51 pm

Auralia wrote:
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.

And now you're lying through your teeth.

"Rational basis review" simply means that the enactment in question is "rationally related" to a "legitimate" governmental reason offered as its justification.


It says utterly nothing about having to "explain how the law is rationally related to the governmental interest."

Try again.
"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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Soldati Senza Confini
Post Kaiser
 
Posts: 86050
Founded: Mar 11, 2013
Ex-Nation

Postby Soldati Senza Confini » Mon Dec 09, 2013 9:51 pm

The Emerald Dawn wrote:
Soldati senza confini wrote:
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?


Yes, yes you do :p

*hands out cookie*
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User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:52 pm

Othelos wrote:The good ole' days of segregation!


Except it's not. Limited private sector discrimination is very different from large scale public sector discrimination.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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The Emerald Dawn
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Founded: Jun 11, 2012
Ex-Nation

Postby The Emerald Dawn » Mon Dec 09, 2013 9:52 pm

Soldati senza confini wrote:
The Emerald Dawn wrote:"What is: Oral Roberts has long had a reputation as producing some well-educated, emotionally stunted, worldly inexperienced graduates."

Do I win?


Yes, yes you do :p

*hands out cookie*

Image

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

Postby Auralia » Mon Dec 09, 2013 9:53 pm

Mavorpen wrote:
"Rational basis review" simply means that the enactment in question is "rationally related" to a "legitimate" governmental reason offered as its justification.


It says utterly nothing about having to "explain how the law is rationally related to the governmental interest."

Try again.


I suggest you actually read what you quoted there.
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 9:53 pm

Auralia wrote:
The Scientific States wrote:
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?


Then an equivalent service is not easily available elsewhere, and so an exception would not be justified.


That's wonderful, because it'd probably be to late by then.

Wouldn't it be much simpler if we didn't segregate businesses, not to mention it'd be a whole lot fairer. Business owners are well aware that they are not allowed to refuse services to people who have done none wrong, therefore there was no "rational basis" involved.
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User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:54 pm

The Black Forrest wrote:So? What don't you educate us and explain the rational basis for discrimination?


That's not relevant. I'm not proposing a law mandating private sector discrimination, so I'm not subject to rational basis review.
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 9:54 pm

Auralia, you're essentially saying we must make a long, case by case basis every time someone is refused service? Seems excessive.
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
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 9:54 pm

Auralia wrote:
Mavorpen wrote:
It says utterly nothing about having to "explain how the law is rationally related to the governmental interest."

Try again.


I suggest you actually read what you quoted there.

I'll take that as a concession.
"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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Dyakovo
Post Kaiser
 
Posts: 83162
Founded: Nov 13, 2007
Ex-Nation

Postby Dyakovo » Mon Dec 09, 2013 9:54 pm

The Scientific States wrote:
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.

He was referring to christians.
*nods*
Don't take life so serious... It isn't permanent...
Freedom from religion is an integral part of Freedom of religion
Married to Koshka
USMC veteran MOS 0331/8152
Grave_n_Idle: Maybe that's why the bible is so anti-other-gods, the other gods do exist, but they diss on Jehovah all the time for his shitty work.
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Auralia
Senator
 
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Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:55 pm

The Scientific States wrote:Wouldn't it be much simpler if we didn't segregate businesses, not to mention it'd be a whole lot fairer.


It might be simpler, and it might be fairer in your opinion, but it doesn't adequately balance freedom of religion with the state's interest in ensuring equal access to services.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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

Postby The Emerald Dawn » Mon Dec 09, 2013 9:56 pm

Auralia wrote:
The Scientific States wrote:Wouldn't it be much simpler if we didn't segregate businesses, not to mention it'd be a whole lot fairer.


It might be simpler, and it might be fairer in your opinion, but it doesn't adequately balance freedom of religion with the state's interest in ensuring equal access to services.

I'm sorry, what religious freedom involves denying services to people?

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

Postby The Black Forrest » Mon Dec 09, 2013 9:56 pm

Auralia wrote:
Othelos wrote:The good ole' days of segregation!


Except it's not. Limited private sector discrimination is very different from large scale public sector discrimination.


But what is the rational basis 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
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 9:56 pm

Auralia wrote:
The Scientific States wrote:Wouldn't it be much simpler if we didn't segregate businesses, not to mention it'd be a whole lot fairer.


It might be simpler, and it might be fairer in your opinion, but it doesn't adequately balance freedom of religion with the state's interest in ensuring equal access to services.

There you go with pretending you actually know what the state's interest is.

Hint: you don't, and you should stop lying about what their interests actually are.
"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
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:56 pm

The Scientific States wrote:Auralia, you're essentially saying we must make a long, case by case basis every time someone is refused service? Seems excessive.


That's already the case. Discrimination claims are dealt with in court on a case by case basis.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Othelos
Postmaster-General
 
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Founded: Feb 05, 2013
Ex-Nation

Postby Othelos » Mon Dec 09, 2013 9:56 pm

Auralia wrote:
Othelos wrote:The good ole' days of segregation!


Except it's not. Limited private sector discrimination is very different from large scale public sector discrimination.

Irrelevant. It's still discrimination.
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
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User avatar
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:56 pm

Mavorpen wrote:
Auralia wrote:
I suggest you actually read what you quoted there.

I'll take that as a concession.

You go ahead and do that, then. :roll:
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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

Postby Othelos » Mon Dec 09, 2013 9:57 pm

The Black Forrest wrote:
Auralia wrote:
Except it's not. Limited private sector discrimination is very different from large scale public sector discrimination.


But what is the rational basis for discrimination?

Um, you know, like religion and stuff.
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
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 9:57 pm

Auralia wrote:
Mavorpen wrote:I'll take that as a concession.

You go ahead and do that, then. :roll:

I should probably do that, since you're asking questions already answered pages ago.
"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 9:57 pm

Auralia wrote:
The Black Forrest wrote:So? What don't you educate us and explain the rational basis for discrimination?


That's not relevant. I'm not proposing a law mandating private sector discrimination, so I'm not subject to rational basis review.


You are saying it's ok so what is the rational basis to allow it?
*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
Dyakovo
Post Kaiser
 
Posts: 83162
Founded: Nov 13, 2007
Ex-Nation

Postby Dyakovo » Mon Dec 09, 2013 9:58 pm

Othelos wrote:
The Black Forrest wrote:
But what is the rational basis for discrimination?

Um, you know, like religion and stuff.

Religion is not a ration basis for discrimination.
Don't take life so serious... It isn't permanent...
Freedom from religion is an integral part of Freedom of religion
Married to Koshka
USMC veteran MOS 0331/8152
Grave_n_Idle: Maybe that's why the bible is so anti-other-gods, the other gods do exist, but they diss on Jehovah all the time for his shitty work.
Ifreann: Odds are you're secretly a zebra with a very special keyboard.
Ostro: I think women need to be trained
Margno, Llamalandia, Tarsonis Survivors, Bachmann's America, Internationalist Bastard B'awwwww! You're mean!

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