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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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ALMF
Minister
 
Posts: 2937
Founded: Jun 04, 2010
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Postby ALMF » Mon Dec 09, 2013 11:09 pm

Auralia wrote:
Mavorpen wrote:Of course it can.

You've refused to give a reason why it can't.


Because the victim was able to find another person who was willing to offer the service, then the government's interest was accomplished without needing to force the other person to offer the service instead. This is clearly a less restrictive means of accomplishing the state's interest.


Having just one shop that refuses to sell to a gay man or a black man.
a left social libertarian (all on a scale 0-10 with a direction: 0 centrist 10 extreme)
Left over right: 5.99
Libertarian over authoritarian: 4.2,
non-interventionist over neo-con: 5.14
Cultural liberal over cultural conservative: 7.6

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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ALMF
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Founded: Jun 04, 2010
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Postby ALMF » Mon Dec 09, 2013 11:11 pm

Auralia wrote:
Mavorpen wrote:Uh... what? The government's interest is to end discrimination, which causes unnecessary burden on those discriminated against.

How does allowing them to be discriminated, the exact opposite of the government's interest, accomplish the state's interest?


The government's interest is not ending discrimination as an end in and of itself. If that were the case, than the law would contain no exceptions whatsoever. Rather, the government's interest in ending public accommodations discriminationis ensuring that minorities have access to public accommodations.as an end in itself
a left social libertarian (all on a scale 0-10 with a direction: 0 centrist 10 extreme)
Left over right: 5.99
Libertarian over authoritarian: 4.2,
non-interventionist over neo-con: 5.14
Cultural liberal over cultural conservative: 7.6

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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The Emerald Dawn
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Founded: Jun 11, 2012
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Postby The Emerald Dawn » Mon Dec 09, 2013 11:12 pm

United Soviet States of African Russia wrote:
The Emerald Dawn wrote:Just the chicken will be fried instead of broiled, and there will be watermelon instead of apples.

Don't forget the purple drink!

Damn it, show some respect.

It's "drank". God, learn some cultural peculiarities.

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ALMF
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Founded: Jun 04, 2010
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Postby ALMF » Mon Dec 09, 2013 11:22 pm

Auralia wrote:
Mavorpen wrote:And in their own words:



What is the rational basis for eliminating discrimination in employment, housing and places of public accommodation, though? To ensure that everyone has equal access to those amenities. If that goal was accomplished, then the state's interest was accomplished, too.

The 14th provides the principle that discrimination is WRONG IN IT'S SELF, so " eliminating discrimination in employment, housing and places of public accommodation" is an ligate purpose IN AND OF ITS-SELF.
a left social libertarian (all on a scale 0-10 with a direction: 0 centrist 10 extreme)
Left over right: 5.99
Libertarian over authoritarian: 4.2,
non-interventionist over neo-con: 5.14
Cultural liberal over cultural conservative: 7.6

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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ALMF
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Posts: 2937
Founded: Jun 04, 2010
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Postby ALMF » Mon Dec 09, 2013 11:35 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.

But it does in creating a private sector hostel to discrimination.
a left social libertarian (all on a scale 0-10 with a direction: 0 centrist 10 extreme)
Left over right: 5.99
Libertarian over authoritarian: 4.2,
non-interventionist over neo-con: 5.14
Cultural liberal over cultural conservative: 7.6

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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ALMF
Minister
 
Posts: 2937
Founded: Jun 04, 2010
Ex-Nation

Postby ALMF » Mon Dec 09, 2013 11:48 pm

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


Yes, but what is the rational basis for eradicating all discrimination when everyone already has equal access to services with limited private sector discrimination?

Like rape and murder, discrimination is mala en se; wrong in and of itself.
a left social libertarian (all on a scale 0-10 with a direction: 0 centrist 10 extreme)
Left over right: 5.99
Libertarian over authoritarian: 4.2,
non-interventionist over neo-con: 5.14
Cultural liberal over cultural conservative: 7.6

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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Caninope
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Founded: Nov 26, 2008
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Postby Caninope » Tue Dec 10, 2013 1:11 am

ALMF wrote:
Auralia wrote:
Yes, but what is the rational basis for eradicating all discrimination when everyone already has equal access to services with limited private sector discrimination?

Like rape and murder, discrimination is mala en se; wrong in and of itself.

No.

Bigoted discrimination is wrong in and of itself. Some discrimination is necessary.
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The Emerald Dawn
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Postby The Emerald Dawn » Tue Dec 10, 2013 1:22 am

Caninope wrote:
ALMF wrote:Like rape and murder, discrimination is mala en se; wrong in and of itself.

No.

Bigoted discrimination is wrong in and of itself. Some discrimination is necessary.

Nobody wants me on the front lines.

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Caninope
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Postby Caninope » Tue Dec 10, 2013 1:27 am

The Emerald Dawn wrote:
Caninope wrote:No.

Bigoted discrimination is wrong in and of itself. Some discrimination is necessary.

Nobody wants me on the front lines.

Nobody wants dumb people at Yale.

Nobody wants hostile customers in their store.

Nobody wants 12 year olds unsupervised in bars.

Discrimination is perfectly acceptable in some instances.
I'm the Pope
Secretly CIA interns stomping out negative views of the US
Türkçe öğreniyorum ama zorluk var.
Winner, Silver Medal for Debating
Co-Winner, Bronze Medal for Posting
Co-Winner, Zooke Goodwill Award

Agritum wrote:Arg, Caninope is Captain America under disguise. Everyone knows it.
Frisivisia wrote:
Me wrote:Just don't. It'll get you a whole lot further in life if you come to realize you're not the smartest guy in the room, even if you probably are.

Because Caninope may be in that room with you.
Nightkill the Emperor wrote:Thankfully, we have you and EM to guide us to wisdom and truth, holy one. :p
Norstal wrote:What I am saying of course is that we should clone Caninope.

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Ostroeuropa
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Founded: Jun 14, 2006
Inoffensive Centrist Democracy

Postby Ostroeuropa » Tue Dec 10, 2013 1:30 am

Caninope wrote:
The Emerald Dawn wrote:Nobody wants me on the front lines.

Nobody wants dumb people at Yale.

Nobody wants hostile customers in their store.

Nobody wants 12 year olds unsupervised in bars.

Discrimination is perfectly acceptable in some instances.


Blind bus drivers.
Ostro.MOV

There is an out of control trolley speeding towards Jeremy Bentham, who is tied to the track. You can pull the lever to cause the trolley to switch tracks, but on the other track is Immanuel Kant. Bentham is clutching the only copy in the universe of The Critique of Pure Reason. Kant is clutching the only copy in the universe of The Principles of Moral Legislation. Both men are shouting at you that they have recently started to reconsider their ethical stances.

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The Emerald Dawn
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Founded: Jun 11, 2012
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Postby The Emerald Dawn » Tue Dec 10, 2013 1:32 am

Ostroeuropa wrote:
Caninope wrote:Nobody wants dumb people at Yale.

Nobody wants hostile customers in their store.

Nobody wants 12 year olds unsupervised in bars.

Discrimination is perfectly acceptable in some instances.


Blind bus drivers.

Blind 12 year old paraplegic bus drivers attending Yale.

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Maqo
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Founded: Mar 10, 2013
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Postby Maqo » Tue Dec 10, 2013 3:22 am

The Emerald Dawn wrote:
Ostroeuropa wrote:
Blind bus drivers.

Blind 12 year old paraplegic bus drivers attending Yale.


So we have:
1) A club membership where the applicant does not meet the requirements. Not discrimination.
2) A person who is actively making your job more difficult, possibly causing you to lose business, through their own actions. Not discrimination.
3) Age-based discrimination against minors is somewhat arbitrary on where the dividing line should be (that's another thread), but is legally required in bars.
4) Blind bus drivers would presumably be unable to perform their required duties. Not discrimination.

I seriously can't believe the rhetoric I'm hearing here. How can you be so convinced of the 'rights' of a business yet be blind to the horrors such practices have caused in the very recent past?
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The Emerald Dawn
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Founded: Jun 11, 2012
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Postby The Emerald Dawn » Tue Dec 10, 2013 3:23 am

Maqo wrote:
The Emerald Dawn wrote:Blind 12 year old paraplegic bus drivers attending Yale.


So we have:
1) A club membership where the applicant does not meet the requirements. Not discrimination.
2) A person who is actively making your job more difficult, possibly causing you to lose business, through their own actions. Not discrimination.
3) Age-based discrimination against minors is somewhat arbitrary on where the dividing line should be (that's another thread), but is legally required in bars.
4) Blind bus drivers would presumably be unable to perform their required duties. Not discrimination.

I seriously can't believe the rhetoric I'm hearing here. How can you be so convinced of the 'rights' of a business yet be blind to the horrors such practices have caused in the very recent past?

The flaming balls are you on about?

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The Liberated Territories
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Founded: Dec 03, 2013
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Postby The Liberated Territories » Tue Dec 10, 2013 3:33 am

Tekania 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?


I keep seeing people come in saying he was within his rights to do this, and yet, clearly by law he was not.

You might as well be arguing Jeffery Dahmer was within his right to kill guys and stick their body parts in his freezer... it's has the same validity.


The law can be changed.

Natural rights were originally property rights.
"Never attempt to teach a pig to sing; it wastes your time and annoys the pig."
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a libertarian, which means i want poor babies to die or smth

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Liriena
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Founded: Nov 19, 2010
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Postby Liriena » Tue Dec 10, 2013 6:11 am

The Liberated Territories wrote:Natural rights were originally property rights.

Source?
be gay do crime


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Dyakovo
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Founded: Nov 13, 2007
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Postby Dyakovo » Tue Dec 10, 2013 6:23 am

The Liberated Territories wrote:
Tekania wrote:
I keep seeing people come in saying he was within his rights to do this, and yet, clearly by law he was not.

You might as well be arguing Jeffery Dahmer was within his right to kill guys and stick their body parts in his freezer... it's has the same validity.


The law can be changed.

True. There's no good reason to change it though.
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The Liberated Territories
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Founded: Dec 03, 2013
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Postby The Liberated Territories » Tue Dec 10, 2013 6:36 am

Liriena wrote:
The Liberated Territories wrote:Natural rights were originally property rights.

Source?


Locke. Can't remember exactly where...
"Never attempt to teach a pig to sing; it wastes your time and annoys the pig."
—Robert Heinlein

a libertarian, which means i want poor babies to die or smth

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Soldati Senza Confini
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Founded: Mar 11, 2013
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Postby Soldati Senza Confini » Tue Dec 10, 2013 7:04 am

The Liberated Territories wrote:
Liriena wrote:Source?


Locke. Can't remember exactly where...


Natural Law is so flawed, but it does represent a good framework for certain things.

Discrimination is not one of them.
Last edited by Soldati Senza Confini on Tue Dec 10, 2013 7:41 am, edited 1 time in total.
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Ifreann
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Founded: Aug 07, 2005
Scandinavian Liberal Paradise

Postby Ifreann » Tue Dec 10, 2013 7:14 am

The Emerald Dawn wrote:
Ifreann wrote:Tough shit. He doesn't get exempted from the law because of his religious beliefs.

But, but he's being oppressed! Because he can't do whatever he wants whenever he wants!

The suffering will bring him closer to Jesus.


Conservative Conservationists wrote:
Ifreann wrote:Tough shit. He doesn't get exempted from the law because of his religious beliefs.


Well that explains your concern over the bakers freedom. Tough shit, he can do something against his faith when the couple has numerous alternatives.

Yes. If his personal beliefs conflict with the laws he is required to abide by as a business operator, then he must either act contrary to his beliefs or stop operating a business. It's a simple as that. Religion is not a free pass to break the law.


The Emerald Dawn wrote:
Caninope wrote:No.

Bigoted discrimination is wrong in and of itself. Some discrimination is necessary.

Nobody wants me on the front lines.

I'm afraid you don't have the bulk we're looking for from participants in Operation: Human Shield.

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Dyakovo
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Founded: Nov 13, 2007
Ex-Nation

Postby Dyakovo » Tue Dec 10, 2013 7:20 am

Ifreann wrote:
The Emerald Dawn wrote:Nobody wants me on the front lines.

I'm afraid you don't have the bulk we're looking for from participants in Operation: Human Shield.

He is well suited for Operation Human Cannonball though...
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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Tel
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Founded: Nov 15, 2012
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Postby Tel » Tue Dec 10, 2013 7:28 am

The Liberated Territories wrote:
Tekania wrote:
I keep seeing people come in saying he was within his rights to do this, and yet, clearly by law he was not.

You might as well be arguing Jeffery Dahmer was within his right to kill guys and stick their body parts in his freezer... it's has the same validity.


The law can be changed.

Natural rights were originally property rights.


The law, in this case, should not be changed.

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Ifreann
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Posts: 159131
Founded: Aug 07, 2005
Scandinavian Liberal Paradise

Postby Ifreann » Tue Dec 10, 2013 7:39 am

Dyakovo wrote:
Ifreann wrote:
I'm afraid you don't have the bulk we're looking for from participants in Operation: Human Shield.

He is well suited for Operation Human Cannonball though...

Ah, Operation: Human Cannonball. Moving people from REMF to combat in one graceful ballistic arc.

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Yaltabaoth
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Founded: Dec 07, 2006
Ex-Nation

Postby Yaltabaoth » Tue Dec 10, 2013 7:43 am

As I write this, the thread poll is showing 51% supporting the couple, 40% supporting the baker, 8% supporting neither (and 1% lost, through rounding I assume).

For the purpose of this post I am going to add the 51%, 8% and 1%, for a simpler 60% support the ruling, 40% oppose it. I'm being generous to those I disagree with by doing so, as I'll demonstrate.

Now apply those numbers to the businesses in a theoretical town, if the law didn't exist.

2 out of 5 bakers refuse to make cakes for [insert protected group here].
2 out of 5 real estate agencies refuse to rent to [insert protected group here].
2 out of 5 car mechanics refuse service to [insert protected group here].
etc.
fucking.
etc.

If I just take the 51% supporting, those numbers effectively become 1 out of 2.

I'd fucking hate to be a minority in that town.

The whole "they can go to another shop" argument just shows why these laws need to exist.

I really have to wonder how many of the people arguing for the baker's right to discriminate actually face discrimination themselves on a routine basis.

You argue as though the incident is wholly discrete from any other bigotry the gay couple have experienced.
And from the perspective of the perpetrator, it would be.

But from the perspective of the gay couple, it's just yet another in an endless parade of other people believing that they have the right to impose their beliefs on the gay couple, while screaming bloody murder at the thought that they might similarly have to respect the rights of the gay couple to exist and live normally.

The baker signed a contract that required him to serve all customers equally, he broke that contract, he's been punished for doing so, end of fucking story.
Last edited by Yaltabaoth on Tue Dec 10, 2013 8:18 am, edited 2 times in total.

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Farnhamia
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Founded: Jun 20, 2006
Left-Leaning College State

Postby Farnhamia » Tue Dec 10, 2013 7:44 am

Ifreann wrote:
Dyakovo wrote:He is well suited for Operation Human Cannonball though...

Ah, Operation: Human Cannonball. Moving people from REMF to combat in one graceful ballistic arc.

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

Postby The Emerald Dawn » Tue Dec 10, 2013 10:46 am

Farnhamia wrote:
Ifreann wrote:Ah, Operation: Human Cannonball. Moving people from REMF to combat in one graceful ballistic arc.

Image

I do indeed "Love the bomb".

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