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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
The Black Forrest
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Posts: 55628
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Inoffensive Centrist Democracy

Postby The Black Forrest » 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.


Ahh but isn't religion a justification for 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

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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 9:58 pm

Dyakovo wrote:
Othelos wrote:Um, you know, like religion and stuff.

Religion is not a ration basis for discrimination.

Religion is not rational period.

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

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

Dyakovo wrote:
Othelos wrote:Um, you know, like religion and stuff.

Religion is not a ration basis for discrimination.

Sarcasm.
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
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Auralia
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Founded: Dec 15, 2011
Liberal Democratic Socialists

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

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

Irrelevant. It's still discrimination.

Of course it's relevant, because we're trying to balance competing rights: freedom of religion and the state's interest in ensuring equal access to services. Limited private sector discrimination does have a significant negative impact on the right to equal access to services.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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The Emerald Dawn
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Founded: Jun 11, 2012
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Postby The Emerald Dawn » Mon Dec 09, 2013 9:59 pm

Auralia wrote:
Othelos wrote:Irrelevant. It's still discrimination.

Of course it's relevant, because we're trying to balance competing rights: freedom of religion and the state's interest in ensuring equal access to services. Limited private sector discrimination does have a significant negative impact on the right to equal access to services.

What.
Religious Freedom.
Requires the denial.
Of services.
Question mark.

User avatar
The Black Forrest
Khan of Spam
 
Posts: 55628
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 9:59 pm

Auralia wrote:
Othelos wrote:Irrelevant. It's still discrimination.

Of course it's relevant, because we're trying to balance competing rights: freedom of religion and the state's interest in ensuring equal access to services. Limited private sector discrimination does have a significant negative impact on the right to equal access to services.


Freedom of Religion isn't a freedom to discriminate.
*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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Othelos
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Founded: Feb 05, 2013
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Postby Othelos » Mon Dec 09, 2013 9:59 pm

The Black Forrest wrote:
Othelos wrote:Um, you know, like religion and stuff.


Ahh but isn't religion a justification for it?

Yeah. Ostrachism demands that I not serve cakes to black people, so I won't.
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
Auralia
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Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 9:59 pm

The Black Forrest wrote:
Auralia wrote:
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?


It doesn't matter. I don't need to provide a rational basis for my beliefs in order to exercise my freedom of religion.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Dyakovo
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Ex-Nation

Postby Dyakovo » Mon Dec 09, 2013 10:00 pm

Auralia wrote:
Othelos wrote:Irrelevant. It's still discrimination.

Of course it's relevant, because we're trying to balance competing rights: freedom of religion and the state's interest in ensuring equal access to services. Limited private sector discrimination does have a significant negative impact on the right to equal access to services.

Once again, their freedom of religion was not infringed upon.
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Othelos
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Postby Othelos » Mon Dec 09, 2013 10:01 pm

Auralia wrote:
Othelos wrote:Irrelevant. It's still discrimination.

Of course it's relevant, because we're trying to balance competing rights: freedom of religion and the state's interest in ensuring equal access to services. Limited private sector discrimination does have a significant negative impact on the right to equal access to services.

What exactly do you mean by "limited"?
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 Black Forrest
Khan of Spam
 
Posts: 55628
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 10:01 pm

Auralia wrote:
The Black Forrest wrote:
You are saying it's ok so what is the rational basis to allow it?


It doesn't matter. I don't need to provide a rational basis for my beliefs in order to exercise my freedom of religion.


that's why we create laws.

To keep you from forcing your religion on others.
*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: 55628
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 10:01 pm

Dyakovo wrote:
Auralia wrote:Of course it's relevant, because we're trying to balance competing rights: freedom of religion and the state's interest in ensuring equal access to services. Limited private sector discrimination does have a significant negative impact on the right to equal access to services.

Once again, their freedom of religion was not infringed upon.


But but the baker could get the gay!
*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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Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 10:01 pm

Auralia wrote:
The Black Forrest wrote:
You are saying it's ok so what is the rational basis to allow it?


It doesn't matter. I don't need to provide a rational basis for my beliefs in order to exercise my freedom of religion.

In other words, legislating a protection for your decision to discriminate according to your religion is irrational. Got it.

We'll stick to actually legislating based on state interests, thanks.
Last edited by Mavorpen on Mon Dec 09, 2013 10:02 pm, edited 1 time in total.
"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 10:01 pm

The Emerald Dawn wrote:
Auralia wrote:Of course it's relevant, because we're trying to balance competing rights: freedom of religion and the state's interest in ensuring equal access to services. Limited private sector discrimination does have a significant negative impact on the right to equal access to services.

What.
Religious Freedom.
Requires the denial.
Of services.
Question mark.


Yes, it does. People can have religious convictions to refrain from taking a certain action.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Soldati Senza Confini
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Founded: Mar 11, 2013
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Postby Soldati Senza Confini » Mon Dec 09, 2013 10:02 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.


Okay this is flat out bullshit I need to call out, I owe it at least to the fact I've been in the world of business administration all my life.

See, in a business delivering a product, your religious opinions don't matter. They don't mean jack shit to the people buying from you or the people working to make the product and as a retailer, your religious opinion means shit to the customers.

Your company may or may not sponsor religious groups or any groups' opinions the company's leaders want to associate with. And they can structure their schedules around religious holidays and whatnot, that's all fine.

What is bullshit though is deny service to a customer simply because of your own religious convictions. Businesses don't work like that and any business who operates that way either gets into lawsuits or loses customer base and they are forced to close, because that's a very stupid business to even invest on to begin with.
Last edited by Soldati Senza Confini on Mon Dec 09, 2013 10:03 pm, edited 1 time in total.
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Tekania wrote:Welcome to NSG, where informed opinions get to bump-heads with ignorant ideology under the pretense of an equal footing.

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User avatar
The Black Forrest
Khan of Spam
 
Posts: 55628
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 10:02 pm

Auralia wrote:
The Emerald Dawn wrote:What.
Religious Freedom.
Requires the denial.
Of services.
Question mark.


Yes, it does. People can have religious convictions to refrain from taking a certain action.


Baking a cake makes the baker gay?
*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
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Posts: 20824
Founded: Jun 11, 2012
Ex-Nation

Postby The Emerald Dawn » Mon Dec 09, 2013 10:02 pm

Auralia wrote:
The Emerald Dawn wrote:What.
Religious Freedom.
Requires the denial.
Of services.
Question mark.


Yes, it does. People can have religious convictions to refrain from taking a certain action.

"Yes, it does." is not an answer to my question.

Please try again, and this time actually answer it.

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

Postby Auralia » Mon Dec 09, 2013 10:02 pm

Mavorpen wrote:In other words, legislating a protection for your decision to discriminate according to your religion is irrational. Got it.


You need to distinguish between rational bases for particular religious beliefs and the rational basis for protecting freedom of religion in general.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Mavorpen
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Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 10:03 pm

Auralia wrote:
Mavorpen wrote:In other words, legislating a protection for your decision to discriminate according to your religion is irrational. Got it.


You need to distinguish between rational bases for particular religious beliefs and the rational basis for protecting freedom of religion in general.

I did.

It'd help if you actually read my post.
"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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Tekania
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Posts: 21669
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Civil Rights Lovefest

Postby Tekania » Mon Dec 09, 2013 10:03 pm

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


Incorrect in this case. SCOTUS does not have appelate jurisdiction over the determinations of state codes and laws, only federal ones. Or in short, the state law could only be appealed if the law was being challenged based upon a reasoning from an applicable federal law or constitutional provision. There is none. SCOTUS has no review power in the NM case. They could potentially do a Federal RFRA claim, but as there is existing SCOTUS precedent relating the the Federal RFRA relation to states governments, that would be a pointless endeavor as the courts would rule against them, and likely SCOTUS would just refuse the case and leave the lower courts point standing. That's a lot of money in filing costs to put into a case one knows they could not win.
Such heroic nonsense!

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The Black Forrest
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Posts: 55628
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 10:04 pm

Auralia wrote:
Mavorpen wrote:In other words, legislating a protection for your decision to discriminate according to your religion is irrational. Got it.


You need to distinguish between rational bases for particular religious beliefs and the rational basis for protecting freedom of religion in general.


When the bakers ability to worship and go to places of worship is being blocked by the evil gays; then we will defend him.
*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
Auralia
Senator
 
Posts: 4982
Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 10:04 pm

The Emerald Dawn wrote:
Auralia wrote:
Yes, it does. People can have religious convictions to refrain from taking a certain action.

"Yes, it does." is not an answer to my question.

Please try again, and this time actually answer it.


I did answer your question. As I just said, people can have a religious conviction that taking a certain action is wrong. Therefore, refraining from taking that action constitutes a form of religious exercise.
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 10:05 pm

The Black Forrest wrote:
Auralia wrote:
You need to distinguish between rational bases for particular religious beliefs and the rational basis for protecting freedom of religion in general.


When the bakers ability to worship and go to places of worship...


Yeah, religious freedom is much broader than that.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

User avatar
The Black Forrest
Khan of Spam
 
Posts: 55628
Founded: Antiquity
Inoffensive Centrist Democracy

Postby The Black Forrest » Mon Dec 09, 2013 10:05 pm

Auralia wrote:
The Emerald Dawn wrote:"Yes, it does." is not an answer to my question.

Please try again, and this time actually answer it.


I did answer your question. As I just said, people can have a religious conviction that taking a certain action is wrong. Therefore, refraining from taking that action constitutes a form of religious exercise.


Baking and selling a cake is protected.
*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 10:06 pm

Auralia wrote:
The Emerald Dawn wrote:"Yes, it does." is not an answer to my question.

Please try again, and this time actually answer it.


I did answer your question. As I just said, people can have a religious conviction that taking a certain action is wrong. Therefore, refraining from taking that action constitutes a form of religious exercise.

Name one. This isn't a hard question.

If it is as common as you're indicating, and requires protection because it serves a public interest to protect, you should be able to name a few examples.

We don't protect people's religious interest in shooting black people, so you're going to need to be specific.

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