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re: Serious question/hypothetical for you legal eagle types
Posted on 2/27/14 at 2:04 pm to L.A.
Posted on 2/27/14 at 2:04 pm to L.A.
quote:
So the legal issue is about whether or not the person freely chose whatever it is about them that gives offense? In other words, I can discriminte against an indiviual provided they chose to be whatever it is about them that I find offensive?
Basically.
BUT that leads to another issue on the horizon: The same logic and research proving "gayness" is not a choice, can prove being a serial killer is not a choice.
But we put serial killers in jail and impede their rights all the time. We discriminate against a protected class (theoretically speaking).
The issue with making dong placement a protected class is most lawmakers can't think past their noses or the next election. Next thing we could hear is "knife placement".
Precedent means nothing.
2
Posted on 2/27/14 at 2:11 pm to theunknownknight
quote:Hmmm. Food for thought.
Basically.
BUT that leads to another issue on the horizon: The same logic and research proving "gayness" is not a choice, can prove being a serial killer is not a choice.
But we put serial killers in jail and impede their rights all the time. We discriminate against a protected class (theoretically speaking).
The issue with making dong placement a protected class is most lawmakers can't think past their noses or the next election. Next thing we could hear is "knife placement".
Precedent means nothing.
Posted on 2/27/14 at 2:20 pm to theunknownknight
quote:
BUT that leads to another issue on the horizon: The same logic and research proving "gayness" is not a choice, can prove being a serial killer is not a choice.
Sure gayness is not a choice however the behavior is a choice. And I know the rebuttal to this is, "that choice hurts no one and that choice is between two consenting adults".
With that said, because gays have a particular disposition to SSA, does it mean that they should be a protected class? If we go by the standard set by AAs the answer is NO. People do not have a choice of behaviors based on the color of their skin. However they can make choices based on who they are attracted to.
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