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SCOTUS Sides With Baker in LGBT Wedding Cake Case

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Greater Catarapania
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Posts: 264
Founded: Apr 19, 2018
Ex-Nation

Postby Greater Catarapania » Wed Jun 06, 2018 3:12 pm

The New California Republic wrote:
Greater Catarapania wrote:
Would you blame a flag maker if he decided not to make a Confederate flag for a skinhead?

Not what you said. Those goalposts stay right the fuck where they are. You said that the products that a craftsman makes somehow reflects the craftsman's own views. They don't.


A baker refuses to bake a cake for a gay couple because he disapproves of homosexuality.

A flag maker refuses to make a Confederate flag for a skinhead because he disapproves of racism.

The two cases are exactly parallel, the goalposts haven't moved an inch.

From the looks of things, you're failing to see that because (as usual) you have no patience for even the least modicum of nuance in the position of someone who disagrees with you. But, in the (probably vain) hope that you'll be willing to read through the upcoming wall of text, I'll attempt to break things down for you.

The question here is whether or not someone who disapproves of someone else's lifestyle and/or principles has the right to refuse service to that someone else on the basis of that disapproval. I've asserted that the answer is yes, when the service in question has a positive symbolic value. My reasoning is that, under such circumstances (ie, the service provided has a positive symbolic value), such a person may feel as if providing that service constitutes a stamp of approval on the would-be consumer's lifestyle.

Now, I agree that that it may not, in fact, be the case that providing said service constitutes a stamp of approval. A flag-maker can make a Confederate flag for a consumer without approving of racism. But if his conscience bugs him for the provision of a symbol of institutional racism to an obvious racist, then he should have the right to deny service to the skinhead. There's nothing particularly complicated here. If he feels as if providing the service would be a betrayal of his principles, then he should have the right to not provide it.

There's a part of me that wants to point out that you subscribe to a much stronger version of this principle than I do. As far as I'm concerned, its scope is limited to the right of conscience. If your beliefs (religious or political) make you feel uncomfortable doing something, then you shouldn't have to do it. You expand its scope dramatically, by asserting that people should have the right to be anything they feel like they should be, even to the extent of asserting that a man who "feels as if" his "true self" is a woman should have the right to emasculate himself and undergo a surgery that allows him to participate in the sex act in a more feminine manner. I consider this point of view absurd and dangerous in the extreme (what's next? Liposuction for anorexics?). But I digress.

The right of conscience is in no way problematic in the case of the flag-maker and the skinhead (and if you think that it is, then you're an idiot). So why should it be problematic in the case of a baker and a gay couple?
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Napkiraly
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Ex-Nation

Postby Napkiraly » Wed Jun 06, 2018 3:19 pm

The Black Forrest wrote:
Napkiraly wrote:That doesn't mean the artist should be forced to make something, Therm. Which is what Colorado was/is basically trying to do. And artistic expression is covered under the First Amendment, therefore the government has no right to punish him because they dislike his views.


It's a cop out and you know it.

If that's the case he wouldn't have offered them any of his other non-customized goods. He didn't deny them general service, he denied them his artistic expression which is perfectly within his rights.


Try something better.

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The New California Republic
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Civil Rights Lovefest

Postby The New California Republic » Wed Jun 06, 2018 3:36 pm

Greater Catarapania wrote:-Snipped the condescension and wall of text-

I see that the condescension and unnecessarily verbose wall of text posting style continues. Come back when you quit doing that, and we can discuss things further.
Last edited by The New California Republic on Wed Jun 06, 2018 3:44 pm, edited 1 time in total.
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

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The Greater Ohio Valley
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Civil Rights Lovefest

Postby The Greater Ohio Valley » Wed Jun 06, 2018 3:52 pm

Claorica wrote:
The Greater Ohio Valley wrote:

But why should a business have to discriminate against anyone for stupid reasons in the first place? If you’re in the business to make money then you should down to accept anyone’s money regardless of who they are.


Because some people have morals/values that go beyond making money?

Shouldn’t be opening a business then.
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Rostavykhan
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Corrupt Dictatorship

Postby Rostavykhan » Wed Jun 06, 2018 3:54 pm

The Greater Ohio Valley wrote:
Claorica wrote:
Because some people have morals/values that go beyond making money?

Shouldn’t be opening a business then.


Peak_Capitalist.jpg
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West Leas Oros
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Ex-Nation

Postby West Leas Oros » Wed Jun 06, 2018 4:06 pm

Rostavykhan wrote:
The Greater Ohio Valley wrote:Shouldn’t be opening a business then.


Peak_Capitalist.jpg

This is the ideal capitalist system. You may not like it, but this is what peak performance looks like.
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The New California Republic
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Postby The New California Republic » Wed Jun 06, 2018 4:10 pm

West Leas Oros wrote:
Rostavykhan wrote:
Peak_Capitalist.jpg

This is the ideal capitalist system. You may not like it, but this is what peak performance looks like.

:lol2:
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
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West Leas Oros
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Postby West Leas Oros » Wed Jun 06, 2018 4:11 pm

The New California Republic wrote:
West Leas Oros wrote:This is the ideal capitalist system. You may not like it, but this is what peak performance looks like.

:lol2:

Old meme, I know.
Just your friendly neighborhood democratic socialist revisionist traitor.
PMT nation. Economically to the left of Karl Marx. Social justice is a bourgeois plot.
Brothers and sisters are natural enemies, like fascists and communists. Or libertarians and communists. Or social democrats and communists. Or communists and other communists! Damn commies, they ruined communism!"

The Xenopolis Confederation wrote:Oros, no. Please. You were the chosen one. You were meant to debunk the tankies, not join them. Bring balance to the left, not leave it in darkness.

WLO Public News: Protest turns violent as Orosian Anarchists burn building. 2 found dead, 8 injured. Investigation continues.

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Greater Catarapania
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Postby Greater Catarapania » Wed Jun 06, 2018 5:58 pm

Take two.

The New California Republic wrote:
Greater Catarapania wrote:
Would you blame a flag maker if he decided not to make a Confederate flag for a skinhead?

Not what you said. Those goalposts stay right the fuck where they are. You said that the products that a craftsman makes somehow reflects the craftsman's own views. They don't.


I'd like to point out that you're accusing me of intellectual dishonesty and swearing at me. Apparently you don't want me to respond in kind. I can't respect that kind of double standard, but I will attempt to abide by it for now.

In any case, let's get to what's been my point all along. I'll try and keep it brief, but since you don't want me to use the space required to give a complete and adequate explanation of my views, I'm going to expect you to go out of your way to look for a charitable reading.

A baker refuses to bake a cake for a gay couple because he disapproves of homosexuality for religious reasons (see Romans 1:26).

A flag maker refuses to make a Confederate flag for a skinhead because he disapproves of racism for religious reasons (see Galatians 3:28).

I had brought up this parallel in the hope that you would see the point I had been trying to make all along. For some reason, you seem to be under the impression that I was changing my story. I think that if you go back and read what I had to say a little more charitably, you'll see that I'm making the same point as I was before, using an example that I thought would communicate it more effectively.

So, down to brass tacks. Either both of these religious persons are doing something wrong, or neither of them are. Which do you choose?
Greater Catarapania is a firm-sf PMT nation with a quasi-atompunk tech base.

Pro: life, family values, vaccination, Christianity, Scholastic philosophy, chivalry, guns, nuclear power
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The Glorious Third Reign of Templedom
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Postby The Glorious Third Reign of Templedom » Wed Jun 06, 2018 8:34 pm

Ok so my previous post fell way short of addressing the complexities of this case, so I dug around a little more. The relevant information:

http://constitutionus.com
Article XIII (Amendment 13 - Slavery and Involuntary Servitude)

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

> allows for forcing involuntary servitude upon criminals


https://law.justia.com/codes/colorado/2016/title-24/principal-departments/article-34/part-6/section-24-34-601
2016 Colorado Revised Statutes | Colorado Anti-discrimination Act (COCODE) | Part 6

(2) (a) It is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group, because of disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry, the full and equal enjoyment of the goods, services, ...

> criminalises all discriminatory practices including, by default, beliefs-motivated (edit: note that they were careful to exclude AGE)
> Is Colorado State allowed to treat religious motivations with indifference, which was specifically protected in the First Amendment?

Edit: The First Amendment restricts the US Congress, does that mean every State-enacted law hostile to religions has to be heard before Federal courts?? Is there a law somewhere about undue burdens etc??

edit: the State of Colorado has effectively conflated mainstream religions with BIGOTRY and prohibited the EXERCISE thereof (in citizens' daily lives - working for a living, livelihood).

(Reading comprehension edit)
Last edited by The Glorious Third Reign of Templedom on Wed Jun 06, 2018 9:38 pm, edited 10 times in total.
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The Glorious Third Reign of Templedom
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Postby The Glorious Third Reign of Templedom » Wed Jun 06, 2018 9:45 pm

Sorry for the wild edits, but this Supreme Court ruling now looks very ominous. They allowed the baker to get away because this law was not made retroactive so Mr. Phillips was acquitted. All the flowery language was merely used to obscure this fact. They CAN force Christian business owners to serve or sell in the future unless clear exemption on religious grounds is added.
Last edited by The Glorious Third Reign of Templedom on Wed Jun 06, 2018 9:47 pm, edited 1 time in total.
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Eight Popes Have Condemned Freemasonry Since 1738Evolution Debunked
L.A.W.S. Of TempledomLatin Vulgate/Douay Rheims/KJVEngland Has Fallen
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The Alma Mater
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Postby The Alma Mater » Wed Jun 06, 2018 10:54 pm

The Glorious Third Reign of Templedom wrote:Sorry for the wild edits, but this Supreme Court ruling now looks very ominous. They allowed the baker to get away because this law was not made retroactive so Mr. Phillips was acquitted. All the flowery language was merely used to obscure this fact. They CAN force Christian business owners to serve or sell in the future unless clear exemption on religious grounds is added.


Yes. This was pointed out a few dozen times already.
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Terra Novae Libero
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Postby Terra Novae Libero » Wed Jun 06, 2018 11:04 pm

The Alma Mater wrote:
The Glorious Third Reign of Templedom wrote:Sorry for the wild edits, but this Supreme Court ruling now looks very ominous. They allowed the baker to get away because this law was not made retroactive so Mr. Phillips was acquitted. All the flowery language was merely used to obscure this fact. They CAN force Christian business owners to serve or sell in the future unless clear exemption on religious grounds is added.


Yes. This was pointed out a few dozen times already.


And there's still ambiguity surrounding commerical art like the custom wedding cakes.
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The Glorious Third Reign of Templedom
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Postby The Glorious Third Reign of Templedom » Thu Jun 07, 2018 12:21 am

Look, it's much worse than that. The anti-discrimination act says that:

A business-owner cannot, for whatever reason, refuse a customer who possesses the protected traits laid out in the law: disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry;

Meaning that, when Colorado files another lawsuit using NEUTRAL WORDINGS (not mentioning religion) they can convict and compel a Christian baker to bake a cake for eg. satanic rituals, complete with satanic symbols if so demanded (involuntary service). The State probably won't go so far as to force a small town Jewish butchershop to cut up a pig, but technically the law allows for it.

Thus, religious exemptions/conscientious objections must be clearly worded-in or else you end up with totalitarianism. And for conspiracy nuts like myself, it could also be the devil's ploy to lure Christians into begging the Supreme Court for reprieve thereby strengthening the central government/new world order. Religious faithfuls lose either way unless there are clear protections put into place!
Last edited by The Glorious Third Reign of Templedom on Thu Jun 07, 2018 12:41 am, edited 1 time in total.
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Vassenor
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Left-wing Utopia

Postby Vassenor » Thu Jun 07, 2018 12:52 am

The Glorious Third Reign of Templedom wrote:Look, it's much worse than that. The anti-discrimination act says that:

A business-owner cannot, for whatever reason, refuse a customer who possesses the protected traits laid out in the law: disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry;

Meaning that, when Colorado files another lawsuit using NEUTRAL WORDINGS (not mentioning religion) they can convict and compel a Christian baker to bake a cake for eg. satanic rituals, complete with satanic symbols if so demanded (involuntary service). The State probably won't go so far as to force a small town Jewish butchershop to cut up a pig, but technically the law allows for it.

Thus, religious exemptions/conscientious objections must be clearly worded-in or else you end up with totalitarianism. And for conspiracy nuts like myself, it could also be the devil's ploy to lure Christians into begging the Supreme Court for reprieve thereby strengthening the central government/new world order. Religious faithfuls lose either way unless there are clear protections put into place!


How is telling someone you can't treat someone else as subhuman totalitarianism?
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Pilarcraft
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Ex-Nation

Postby Pilarcraft » Thu Jun 07, 2018 12:54 am

Vassenor wrote:
The Glorious Third Reign of Templedom wrote:Look, it's much worse than that. The anti-discrimination act says that:

A business-owner cannot, for whatever reason, refuse a customer who possesses the protected traits laid out in the law: disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry;

Meaning that, when Colorado files another lawsuit using NEUTRAL WORDINGS (not mentioning religion) they can convict and compel a Christian baker to bake a cake for eg. satanic rituals, complete with satanic symbols if so demanded (involuntary service). The State probably won't go so far as to force a small town Jewish butchershop to cut up a pig, but technically the law allows for it.

Thus, religious exemptions/conscientious objections must be clearly worded-in or else you end up with totalitarianism. And for conspiracy nuts like myself, it could also be the devil's ploy to lure Christians into begging the Supreme Court for reprieve thereby strengthening the central government/new world order. Religious faithfuls lose either way unless there are clear protections put into place!


How is telling someone you can't treat someone else as subhuman totalitarianism?

This is the part that has a problem:
A business-owner cannot, for whatever reason, refuse a customer who possesses the protected traits laid out in the law: disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry


It's poorly written, but its still a law, and I firmly believe it was the most anti-moral thing the SC could have done, giving one guy an escape route for it.
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Senkaku
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Postby Senkaku » Thu Jun 07, 2018 1:12 am

The Glorious Third Reign of Templedom wrote:Look, it's much worse than that.

Worse isn't exactly what I'd use to characterize it. :p

The anti-discrimination act says that:

A business-owner cannot, for whatever reason, refuse a customer who possesses the protected traits laid out in the law: disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry;

Meaning that, when Colorado files another lawsuit using NEUTRAL WORDINGS (not mentioning religion) they can convict and compel a Christian baker to bake a cake for eg. satanic rituals, complete with satanic symbols if so demanded (involuntary service). The State probably won't go so far as to force a small town Jewish butchershop to cut up a pig, but technically the law allows for it.

Thus, religious exemptions/conscientious objections must be clearly worded-in or else you end up with totalitarianism. And for conspiracy nuts like myself, it could also be the devil's ploy to lure Christians into begging the Supreme Court for reprieve thereby strengthening the central government/new world order. Religious faithfuls lose either way unless there are clear protections put into place!

I was inclined to put forward an attempt at an argument, but then I got down to the bit about totalitarianism, the Devil's ploy, and the New World Order, so I think maybe I won't...
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The New California Republic
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Civil Rights Lovefest

Postby The New California Republic » Thu Jun 07, 2018 1:27 am

Greater Catarapania wrote:-snipped yet another overly verbose wall of text-

Nope. You are moving the goalposts yet again, by adding a religious element to the flagmaker's refusal, and that just makes me even more determined in my refusal to continue this discussion with you. Now we really are done.
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
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The Glorious Third Reign of Templedom
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Postby The Glorious Third Reign of Templedom » Thu Jun 07, 2018 1:47 am

Vassenor wrote:How is telling someone you can't treat someone else as subhuman totalitarianism?


Because in order to force a business-owner/service-provider to serve against his own will, he must first be convicted of a crime to get past Thirteenth Amendment outlawing slavery. The convicted cannot even escape to a different state (US Constitution Article 4.2.3). Who makes the laws, and how did so many lower courts in Colorado forget the 13th amend.? Why isn't this act even struck out as unconstitutional?

Read this erudite article:
https://www.firstthings.com/web-exclusives/2018/06/conservative-jurisprudence-resorts-to-relativism

Quote:
" Justice Kennedy managed to protect Jack Phillips by speaking the only lines that can survive today, or tomorrow, the body of law he has put in place. The local authorities will still be able to force Catholic institutions out of business if they will not place children for adoption with same-sex couples, or cover those couples in their medical insurance. They will just have to be nice while they’re doing it. "
Where are the sins of the world? ? CDT credentials: Confirmed Anglican
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Eight Popes Have Condemned Freemasonry Since 1738Evolution Debunked
L.A.W.S. Of TempledomLatin Vulgate/Douay Rheims/KJVEngland Has Fallen
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Vassenor
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Left-wing Utopia

Postby Vassenor » Thu Jun 07, 2018 2:26 am

The Glorious Third Reign of Templedom wrote:
Vassenor wrote:How is telling someone you can't treat someone else as subhuman totalitarianism?


Because in order to force a business-owner/service-provider to serve against his own will, he must first be convicted of a crime to get past Thirteenth Amendment outlawing slavery. The convicted cannot even escape to a different state (US Constitution Article 4.2.3). Who makes the laws, and how did so many lower courts in Colorado forget the 13th amend.? Why isn't this act even struck out as unconstitutional?

Read this erudite article:
https://www.firstthings.com/web-exclusives/2018/06/conservative-jurisprudence-resorts-to-relativism

Quote:
" Justice Kennedy managed to protect Jack Phillips by speaking the only lines that can survive today, or tomorrow, the body of law he has put in place. The local authorities will still be able to force Catholic institutions out of business if they will not place children for adoption with same-sex couples, or cover those couples in their medical insurance. They will just have to be nice while they’re doing it. "


So how is not being able to discriminate slavery?
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Pilarcraft
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Ex-Nation

Postby Pilarcraft » Thu Jun 07, 2018 2:40 am

Vassenor wrote:
The Glorious Third Reign of Templedom wrote:
Because in order to force a business-owner/service-provider to serve against his own will, he must first be convicted of a crime to get past Thirteenth Amendment outlawing slavery. The convicted cannot even escape to a different state (US Constitution Article 4.2.3). Who makes the laws, and how did so many lower courts in Colorado forget the 13th amend.? Why isn't this act even struck out as unconstitutional?

Read this erudite article:
https://www.firstthings.com/web-exclusives/2018/06/conservative-jurisprudence-resorts-to-relativism

Quote:
" Justice Kennedy managed to protect Jack Phillips by speaking the only lines that can survive today, or tomorrow, the body of law he has put in place. The local authorities will still be able to force Catholic institutions out of business if they will not place children for adoption with same-sex couples, or cover those couples in their medical insurance. They will just have to be nice while they’re doing it. "


So how is not being able to discriminate slavery?
Because he can't choose not to serve a customer? I guess? I don't know how that logic works either
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Alvecia
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Postby Alvecia » Thu Jun 07, 2018 2:43 am

Pilarcraft wrote:
Vassenor wrote:
So how is not being able to discriminate slavery?
Because he can't choose not to serve a customer? I guess? I don't know how that logic works either

With obvious nuance, context, and exceptions, if you're declaring to offer a public service, you can't pick and choose from the public you serve, because then it's not a public service.
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The Glorious Third Reign of Templedom
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Postby The Glorious Third Reign of Templedom » Thu Jun 07, 2018 3:41 am

Vassenor wrote:So how is not being able to discriminate slavery?


Alvecia wrote:
Pilarcraft wrote:Because he can't choose not to serve a customer? I guess? I don't know how that logic works either

With obvious nuance, context, and exceptions, if you're declaring to offer a public service, you can't pick and choose from the public you serve, because then it's not a public service.


As things currently stand, liberty to exercise religion freely (note: like the anti-discrimination act, this constitutional right has no defined boundaries) does not detract another's liberty to enter into marriage. If you should say a Christian is not at liberty to refuse to bake a wedding cake, then I can say the gay customer is at full liberty to purchase one from a willing baker, or bake it himself.

If that Christian baker then disrupts the wedding by smashing the cake - whatever its source - then there should already be a law somewhere criminalising this.
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Postby Vassenor » Thu Jun 07, 2018 4:02 am

The Glorious Third Reign of Templedom wrote:
Vassenor wrote:So how is not being able to discriminate slavery?


Alvecia wrote:With obvious nuance, context, and exceptions, if you're declaring to offer a public service, you can't pick and choose from the public you serve, because then it's not a public service.


As things currently stand, liberty to exercise religion freely (note: like the anti-discrimination act, this constitutional right has no defined boundaries) does not detract another's liberty to enter into marriage. If you should say a Christian is not at liberty to refuse to bake a wedding cake, then I can say the gay customer is at full liberty to purchase one from a willing baker, or bake it himself.

If that Christian baker then disrupts the wedding by smashing the cake - whatever its source - then there should already be a law somewhere criminalising this.


"Discrimination is OK because there are other options" is not sound logic. It's de-facto segregation.
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The Glorious Third Reign of Templedom
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Postby The Glorious Third Reign of Templedom » Thu Jun 07, 2018 4:10 am

Vassenor wrote:"Discrimination is OK because there are other options" is not sound logic. It's de-facto segregation.

Not so. An interesting hypothetical scenario is the County Clerk case.

Q. What if there was not a single county clerk in the whole State willing to issue the marriage certificate?
A. Goto a different state.
Q. And if the same thing happens in all 50 states??
A. Then you must ask yourselves how the SCOTUS came to make such an unpopular decision, and let them bake cakes.
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