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"Is Religious Freedom in the U.S. Broken Beyond Repair?"

I bet SCOTUS will rule in favor of


  • Total voters
    26

Kangaroo Feathers

Yea, it is written in the Book of Cyril...
That's not what we are talking about though. I'm not saying they can't be gay, but where is my right not to associate with them. Where is the cake bakers right.
Hey, I'm an admitted racist. Where's my right to deny service to the people I am racist against?
Delivering to a gay wedding would be like being forced to go into a gay bar...it's going to creep the guy out for weeks, maybe even months.
Only if the guy is deeply insecure in his sexuality. You know you can't catch it, right?
 

Nous

Well-Known Member
Premium Member
That's not what we are talking about though. I'm not saying they can't be gay, but where is my right not to associate with them.
Public accommodations laws do not provide businesses that solicit customers from the general public with such "associational rights" that permits them to discriminate on the prohibited bases. See Roberts v. Jaycees.
 

Kemosloby

Well-Known Member
Premium Member
Hey, I'm an admitted racist. Where's my right to deny service to the people I am racist against?
Only if the guy is deeply insecure in his sexuality. You know you can't catch it, right?

Obviously a persons race is not a sin.

It's repulsive.
 

Kemosloby

Well-Known Member
Premium Member
Public accommodations laws do not provide businesses that solicit customers from the general public with such "associational rights" that permits them to discriminate on the prohibited bases. See Roberts v. Jaycees.

He has a right not to offer homosexual themed products. He should have the right not to deliver to someplace he considers a den of iniquity. If they were just picking up a standard cake they would not have to identify themselves as homosexuals. They could have had their cake and ate it too, without causing any problems.
 

Kangaroo Feathers

Yea, it is written in the Book of Cyril...
He has a right not to offer homosexual themed products. He should have the right not to deliver to someplace he considers a den of iniquity. If they were just picking up a standard cake they would not have to identify themselves as homosexuals. They could have had their cake and ate it too, without causing any problems.
What "homosexual themed products" has anyone been compelled to supply?
 

Shadow Wolf

Certified People sTabber & Business Owner
Offering a discount to one group is effectively charging others extra.
If I go to a museum, and the charge of admittance is $50 dollars, I present my student ID and get in for $40, but the person in front of me didn't have a student ID and was charged $50, that person was not charged extra, but charged exactly what the cost of admittance is. If I have a "buy one, get one free" coupon for a can of Monster, I'd pay $2.50 as the second can is free, but the person without a coupon would be charged $5.00. They aren't being charged extra, but not getting the discount that the coupon provides. Several restaurants let veterans eat free on veterans day, and while they eat free, everybody else pays what the menu prices are, not more than what they are.
Suppose Cakes cost $120, but there's a $20 discount for straight people.
Legal?
I'm not aware of any laws such a discount illegal.
It's equivalent to pricing cakes at $100, but surcharging gays $20.
It's clearly different because in one case you are adding onto the price, above the base price, and the other you are subtracting from the base price.
 

Revoltingest

Pragmatic Libertarian
Premium Member
If I go to a museum, and the charge of admittance is $50 dollars, I present my student ID and get in for $40, but the person in front of me didn't have a student ID and was charged $50, that person was not charged extra, but charged exactly what the cost of admittance is. If I have a "buy one, get one free" coupon for a can of Monster, I'd pay $2.50 as the second can is free, but the person without a coupon would be charged $5.00. They aren't being charged extra, but not getting the discount that the coupon provides. Several restaurants let veterans eat free on veterans day, and while they eat free, everybody else pays what the menu prices are, not more than what they are.

I'm not aware of any laws such a discount illegal.

It's clearly different because in one case you are adding onto the price, above the base price, and the other you are subtracting from the base price.
If one were facing prosecution for discounting a price to a group (whites for example),
but denying the discount to a protected group (blacks, for example), the judge would
scowl at the argument....
"But I charged black people the regular price!"
The judge would see thru this fiction, ie, illegal evasion of l
If yes, then "discrimination".

Your example deals with a type of discrimination which is legal in many jurisdictions.
Even in Ann Arbor, it's tacitly legal because no prosecutor would pursue a violation,
the violation of our Human Rights Ordinance notwithstanding. (But they would
prosecute some violations, eg, residential real estate.)

One must be careful about generalizing when there is so much legal variation
due to state, city, affected industry, & local politics.
 
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Skwim

Veteran Member
Fortunately, religious sentiments are prohibited from being established as public law per the Establishment Clause.
Why not just go on about your own life, mind your own business, and let those not harming you go about their lives? It's not like no one is forcing you, under penalty of law, to reject your religious views and embrace homosexuality.
And this is exactly the problem. Religious fundies and their ilk continually insist on sticking their noses into personal issues that don't affect them one bit. It's an arrogant, self centered attitude that smacks of a psychological disorder: "I need people to behave as I see fit."

.

.
 
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Jainarayan

ॐ नमो भगवते वासुदेवाय
Staff member
Premium Member
I can almost understand a baker not wanting to put Best Wishes to Sean & Jeremy on Their Wedding on a cake. However, if the baker would sell a non-inscribed cake to a couple where one or both are divorced and remarrying but not to a gay couple he would be a hypocrite. In that case he should be ruled against.
 

Kemosloby

Well-Known Member
Premium Member
And they have exactly the same witnesses you do, saying the opposite.

Anyway, you just said you knew BEFORE you were religious...

Yes I was mostly non-religious or agnostic until about 30. Religion has actually made me more tolerant. Live and let live, keep my mouth shut, mind my own business. But I would not want to hang out with them or do any lengthy projects for them...maybe I could not keep my mouth shut that long. If the cake baker had freedom of speech and started talking about how bad homosexuality is to the guests at the gay wedding would he be within his rights?
 

Poisonshady313

Well-Known Member
So you're saying gays have no right to public accommodation? They have no right to walk into a public business and be served like any other citizen? If they happen to live in an area where every business, bank, rental, etc. refuses services to gays, they're just out of luck?

That's sick.
Nope. That's not what I'm saying.

I'm saying that a cake shop that is not also a cafe/restaurant shouldn't be considered a public accommodation.

Federal law sees it the same way. Colorado law does not.
 

Kangaroo Feathers

Yea, it is written in the Book of Cyril...
Yes I was mostly non-religious or agnostic until about 30. Religion has actually made me more tolerant. Live and let live, keep my mouth shut, mind my own business. But I would not want to hang out with them or do any lengthy projects for them...maybe I could not keep my mouth shut that long.
No one's asking you to
If the cake baker had freedom of speech and started talking about how bad homosexuality is to the guests at the gay wedding would he be within his rights?
He'd be "within his rights", sure. I'm having a hard time seeing how the opportunity would come up unless he was being wilfully disruptive, however.
 

Poisonshady313

Well-Known Member
Please cite the federal law that supports your assertion.
Civil Rights Act of 1964

SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.


Nothing in the above text suggests a cakeshop that is not also a restaurant, cafe, or otherwise a "facility principally engaged in selling food for consumption on the premises" would be subject to section 201 of the Civil Rights Act of 1964.
 
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