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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

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The Emerald Dawn
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Postby The Emerald Dawn » Mon Dec 09, 2013 10:30 pm

Auralia wrote:
The Emerald Dawn wrote:He's Christian, self-declared.

Chapter and verse where selling a cake to someone is a problem.


Doesn't matter. He doesn't have to provide a theological basis for his beliefs. All that matters is their sincerity.

Actually it does matter.

Because the court is not going to give him any standing for a religion that he randomly pulls out of his ass.

He needs to prove its sincerity, which typically involves speaking to clergy from that religion.

You know, people who don't have a vested interest in being found "not guilty".

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Dyakovo
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Postby Dyakovo » Mon Dec 09, 2013 10:30 pm

The Liberated Territories wrote:The Baker is bigoted, yes, but it's perfectly in his right to discriminate where he believes his assets to go to. Civil rights my foot - what about business rights? Is the contract not sacred?

Patently false.
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Auralia
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Postby Auralia » Mon Dec 09, 2013 10:30 pm

Mavorpen wrote:
Auralia wrote:
Not under the federal RFRA; that's why it was passed.

In other words, someone using illicit drugs in a religious ritual can be prosecuted. Thanks for agreeing with me.


No, they can't, under the federal RFRA. Do you hear an echo in here?
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"Amor sequitur cognitionem."

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Mavorpen
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Founded: Dec 20, 2011
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Postby Mavorpen » Mon Dec 09, 2013 10:30 pm

Auralia wrote:
The Emerald Dawn wrote:He's Christian, self-declared.

Chapter and verse where selling a cake to someone is a problem.


Doesn't matter. He doesn't have to provide a theological basis for his beliefs. All that matters is their sincerity.

In other words, there is no rational reason for him to be allowed to discrimination, which means there is no rational reason to legislate protecting a right to discriminate against homosexuals due to religious beliefs.
Last edited by Mavorpen on Mon Dec 09, 2013 10:31 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

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The Black Forrest
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Postby The Black Forrest » Mon Dec 09, 2013 10:30 pm

Auralia wrote:
The Emerald Dawn wrote:He's Christian, self-declared.

Chapter and verse where selling a cake to someone is a problem.


Doesn't matter. He doesn't have to provide a theological basis for his beliefs. All that matters is their sincerity.


Ahhh so the claim of religion is invalid.
*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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Auralia
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Postby Auralia » Mon Dec 09, 2013 10:31 pm

Othelos 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 exactly do you mean by "limited"?

"Limited" means that the vast majority of business do not discriminate, and that victims of discrimination can easily find an alternate, equivalent service.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Mavorpen
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Postby Mavorpen » Mon Dec 09, 2013 10:32 pm

Auralia wrote:
Mavorpen wrote:In other words, someone using illicit drugs in a religious ritual can be prosecuted. Thanks for agreeing with me.


No, they can't, under the federal RFRA. Do you hear an echo in here?

Yes, they can. You DO know that the federal government is not the only entity that can seize illicit drugs, right?
"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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Founded: Dec 15, 2011
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Postby Auralia » Mon Dec 09, 2013 10:32 pm

The Black Forrest wrote:
Auralia wrote:
Doesn't matter. He doesn't have to provide a theological basis for his beliefs. All that matters is their sincerity.


Ahhh so the claim of religion is invalid.


No, it isn't, because the courts have no right to examine the theological basis of religious beliefs.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Tekania
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Civil Rights Lovefest

Postby Tekania » Mon Dec 09, 2013 10:33 pm

Dyakovo wrote:
The Liberated Territories wrote:The Baker is bigoted, yes, but it's perfectly in his right to discriminate where he believes his assets to go to. Civil rights my foot - what about business rights? Is the contract not sacred?

Patently false.


You know.... we now have definitive proof that the repetition of a lie does not make it true.
Such heroic nonsense!

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Mavorpen
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Postby Mavorpen » Mon Dec 09, 2013 10:33 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.

Except, Colorado's interest isn't ensuring equal access to services.

Welcome to the Colorado Civil Rights Division's website. The Division works to eliminate discrimination in employment, housing and places of public accommodation under Colorado Civil Rights Laws. The Division also engages in preventative measures by providing training and information to groups and individuals regarding discrimination. Click here to view an interview with our Director, Steven Chavez.


The two aren't interchangeable unless there is only ONE public accommodation providing said service.
"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 » Mon Dec 09, 2013 10:33 pm

The Emerald Dawn wrote:He needs to prove its sincerity, which typically involves speaking to clergy from that religion.


No it doesn't. What if it's a religion of one?
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Dyakovo
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Postby Dyakovo » Mon Dec 09, 2013 10:33 pm

Auralia wrote:
The Black Forrest wrote:
Ahhh so the claim of religion is invalid.


No, it isn't, because the courts have no right to examine the theological basis of religious beliefs.

Wrong. They have every right to do so when said religious beliefs are being used as justification for breaking the law.
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
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The Black Forrest
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Postby The Black Forrest » Mon Dec 09, 2013 10:34 pm

Auralia wrote:
The Black Forrest wrote:
Ahhh so the claim of religion is invalid.


No, it isn't, because the courts have no right to examine the theological basis of religious beliefs.


Sure they do. Especially if you want to discriminate for religious reasons.
*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 Black Forrest
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Postby The Black Forrest » Mon Dec 09, 2013 10:34 pm

Auralia wrote:
The Emerald Dawn wrote:He needs to prove its sincerity, which typically involves speaking to clergy from that religion.


No it doesn't. What if it's a religion of one?


Cults still have to follow the laws.
*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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Auralia
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Founded: Dec 15, 2011
Liberal Democratic Socialists

Postby Auralia » Mon Dec 09, 2013 10:35 pm

Mavorpen 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.

Except, Colorado's interest isn't ensuring equal access to services.

Welcome to the Colorado Civil Rights Division's website. The Division works to eliminate discrimination in employment, housing and places of public accommodation under Colorado Civil Rights Laws. The Division also engages in preventative measures by providing training and information to groups and individuals regarding discrimination. Click here to view an interview with our Director, Steven Chavez.


The two aren't interchangeable unless there is only ONE public accommodation providing said service.


There is no rational basis for the elimination of discrimination versus ensuring equal access to services.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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Othelos
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Founded: Feb 05, 2013
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Postby Othelos » Mon Dec 09, 2013 10:35 pm

Auralia wrote:
Othelos wrote:What exactly do you mean by "limited"?

"Limited" means that the vast majority of business do not discriminate, and that victims of discrimination can easily find an alternate, equivalent service.

Not necessarily.

And if discrimination became widespread, what would you propose doing to solve the problem?
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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 10:36 pm

Auralia wrote:
The Emerald Dawn wrote:He needs to prove its sincerity, which typically involves speaking to clergy from that religion.


No it doesn't. What if it's a religion of one?

Then it receives no protection, because, and this may blow your mind, the court is skeptical of people claiming religion in order to get around laws.

You can't prove it? You don't get the protection.

Same thing they did during the DADT era in the military, ask Tekania on this if you don't believe me, you had to prove you were gay, otherwise they'd file charges against you for wasting everyone's time and lying.

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Mavorpen
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Founded: Dec 20, 2011
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Postby Mavorpen » Mon Dec 09, 2013 10:36 pm

Auralia wrote:
Mavorpen wrote:Except, Colorado's interest isn't ensuring equal access to services.



The two aren't interchangeable unless there is only ONE public accommodation providing said service.


There is no rational basis for the elimination of discrimination versus ensuring equal access to services.

Ensuring that a customer doesn't have a unnecessary burden placed upon them isn't rational?

Brilliant!
"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 Black Forrest
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Postby The Black Forrest » Mon Dec 09, 2013 10:36 pm

Auralia wrote:
Mavorpen wrote:Except, Colorado's interest isn't ensuring equal access to services.



The two aren't interchangeable unless there is only ONE public accommodation providing said service.


There is no rational basis for the elimination of discrimination versus ensuring equal access to services.


Everybody doesn't have equal access to services if you outlaw 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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Soldati Senza Confini
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Founded: Mar 11, 2013
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Postby Soldati Senza Confini » Mon Dec 09, 2013 10:38 pm

The Emerald Dawn wrote:
Auralia wrote:
No it doesn't. What if it's a religion of one?

Then it receives no protection, because, and this may blow your mind, the court is skeptical of people claiming religion in order to get around laws.

You can't prove it? You don't get the protection.

Same thing they did during the DADT era in the military, ask Tekania on this if you don't believe me, you had to prove you were gay, otherwise they'd file charges against you for wasting everyone's time and lying.


You mean Perjury? Or does it have another name?
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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 10:39 pm

Soldati senza confini wrote:
The Emerald Dawn wrote:Then it receives no protection, because, and this may blow your mind, the court is skeptical of people claiming religion in order to get around laws.

You can't prove it? You don't get the protection.

Same thing they did during the DADT era in the military, ask Tekania on this if you don't believe me, you had to prove you were gay, otherwise they'd file charges against you for wasting everyone's time and lying.


You mean Perjury? Or does it have another name?

I don't think they'd file Perjury charges, because that would indicate a Courts Martial had been convened.

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ALMF
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Founded: Jun 04, 2010
Ex-Nation

Postby ALMF » Mon Dec 09, 2013 10:40 pm

Auralia wrote:
Wisconsin9 wrote:And American civil law doesn't just disappear because someone believes in the magic sky fairy.

But it is certainly unenforceable if it violates the Constitution or state or federal RFRAs.

The RFRAs are what violate the Constitution.

Artical III section 3 and the 14th amendment encase you care.
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You are a cosmopolitan Social Democrat. 16 percent of the test participators are in the same category and 5 percent are more extremist than you.

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Mavorpen
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Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Mon Dec 09, 2013 10:40 pm

The Black Forrest wrote:
Auralia wrote:
There is no rational basis for the elimination of discrimination versus ensuring equal access to services.


Everybody doesn't have equal access to services if you outlaw discrimination?

Black people being forced to use separate bathrooms is okay. After all, they have access to the same service!
"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 Emerald Dawn
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Posts: 20824
Founded: Jun 11, 2012
Ex-Nation

Postby The Emerald Dawn » Mon Dec 09, 2013 10:41 pm

Mavorpen wrote:
The Black Forrest wrote:
Everybody doesn't have equal access to services if you outlaw discrimination?

Black people being forced to use separate bathrooms is okay. After all, they have access to the same service!

Well, with Blacks you have to compensate for the larger toilets. I mean, you can't fit that in the White's loo. The loo is too small.

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

Postby Auralia » Mon Dec 09, 2013 10:42 pm

Dyakovo wrote:
Auralia wrote:
No, it isn't, because the courts have no right to examine the theological basis of religious beliefs.

Wrong. They have every right to do so when said religious beliefs are being used as justification for breaking the law.

No, they don't. See Thomas v. Review Board (1981):

[The Indiana Supreme Court noted] that Thomas admitted before the referee that he would not object to “working for United States Steel or Inland Steel … produc[ing] the raw product necessary for the production of any kind of tank … [because I] would not be a direct party to whoever they shipped it to [and] would not be … chargeable in … conscience ….” The court found this position inconsistent with Thomas’ stated opposition to participation in the production of armaments.

But Thomas’ statements reveal no more than that he found work in the roll foundry sufficiently insulated from producing weapons of war. We see, therefore, that Thomas drew a line, and it is not for us to say that the line he drew was an unreasonable one.
Catholic Commonwealth of Auralia
"Amor sequitur cognitionem."

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