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re: Serious question/hypothetical for you legal eagle types

Posted on 2/27/14 at 2:23 pm to
Posted by L.A.
The Mojave Desert
Member since Aug 2003
61362 posts
Posted on 2/27/14 at 2:23 pm to
quote:

Not a federally or state protected class so no, the courts wouldn't force you to.
Ok, but why is that the case? Why are gays protected and Nazis are not?
Posted by VOLhalla
Knoxville
Member since Feb 2011
4466 posts
Posted on 2/27/14 at 2:25 pm to
quote:

Ok, but why is that the case? Why are gays protected and Nazis are not?


Specific laws passed by Congress and state legislatures, such as the civil rights act of 1964
Posted by L.A.
The Mojave Desert
Member since Aug 2003
61362 posts
Posted on 2/27/14 at 2:27 pm to
quote:

Having legitimate religious beliefs doesn't give one an out in obeying the law. There are many religions that require the use of illegal drugs
But illegal drugs are...illegal. The very essence of their religious belief is illegal.

There's nothing about owning a bakery that is illegal.


quote:

If it against one's religious beliefs to sell cakes to homosexuals then either don't sell cakes or at least move to a state that doesn't require private business owners to not discriminate based on sexual orientation
That's a misrepresentation of what happened. The baker DOES sell cakes to gays, or anyone else who wants to buy them. The baker very politiely refused to bake a special cake that was going to be used for a gay wedding.

Gays are free to shop at the bakery like anyone else. There was no discrimination along those lines.
This post was edited on 2/27/14 at 2:29 pm
Posted by VOLhalla
Knoxville
Member since Feb 2011
4466 posts
Posted on 2/27/14 at 2:32 pm to
quote:

There's nothing about owning a bakery that is illegal.


A business refusing service based on the consumer's sexual orientation is illegal in Oregon.

quote:

That's a misrepresentation of what happened. The baker DOES sell cakes to gays, or anyone else who wants to buy them. The baker very politiely refused to bake a special cake that was going to be used for a gay wedding.


If the baker bakes cakes for heterosexuals getting married but then refuses to bake cakes for homosexuals getting married then a Court is going to say that the baker is discriminating based on sexual orientation.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 2/27/14 at 2:33 pm to
quote:

However they can make choices based on who they are attracted to.

Really? You could just as easily be attracted to men if you chose to?

Interdasting...
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48337 posts
Posted on 2/27/14 at 2:35 pm to
quote:

Having legitimate religious beliefs doesn't give one an out in obeying the law.


It can absolutely invalidate the law.
Posted by L.A.
The Mojave Desert
Member since Aug 2003
61362 posts
Posted on 2/27/14 at 2:35 pm to
quote:

A business refusing service based on the consumer's sexual orientation is illegal in Oregon.
Understood. And the gay couple could have chosen any cake in the store to use at their wedding and there would have been no problem. But the court is forcing the baker to bake a special cake to be used at the gay wedding.

Do you agree with the court's decision to force the baker to do this?

This post was edited on 2/27/14 at 2:36 pm
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48337 posts
Posted on 2/27/14 at 2:36 pm to
quote:

Why are gays protected


The aren't under the 14th (from federal and state government action) or Title II of the CRA (from private action.)

They are protected in some states, however.
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 2/27/14 at 2:37 pm to
quote:

Ok, but why is that the case? Why are gays protected and Nazis are not?


Looks like the unknowingknight actually got something right as one thing isn't a choice, it's what you are like black or female and the other is - racist a-hole.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424106 posts
Posted on 2/27/14 at 2:38 pm to
all i know is this thread inspired me to grill a former law prof on facebook
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424106 posts
Posted on 2/27/14 at 2:39 pm to
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?

eh...we choose our religion
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424106 posts
Posted on 2/27/14 at 2:40 pm to
quote:

Why are gays protected and Nazis are not?

some animals are more equal than others

this is exactly the discussion that displays why i abhor how the LGBT community has fought for their "rights"
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48337 posts
Posted on 2/27/14 at 2:41 pm to
quote:

So the legal issue is about whether or not the person freely chose whatever it is about them that gives offense?


No, that would be chaos.

Posted by L.A.
The Mojave Desert
Member since Aug 2003
61362 posts
Posted on 2/27/14 at 2:41 pm to
quote:

one thing isn't a choice, it's what you are like black or female and the other is - racist a-hole.
I grew up in an era when people used to remind one another that it is unpopular speech that is in greatest need of protection.

So, to use your words, aren't racist assholes (and their ilk) most in need of protection? Should not the laws against discrimination apply to what one chooses to be? All 1st ammendment protections, if I'm not mistaken, cover actions that citizens CHOOSE, like speech, religion, freedom to assemble, etc.
Posted by VOLhalla
Knoxville
Member since Feb 2011
4466 posts
Posted on 2/27/14 at 2:42 pm to
quote:

It can absolutely invalidate the law.


Is been a whole since I studied any con law so I'm interested in hearing this. Having a religious belief can invalidate a law? Explain please
Posted by L.A.
The Mojave Desert
Member since Aug 2003
61362 posts
Posted on 2/27/14 at 2:42 pm to
quote:

all i know is this thread inspired me to grill a former law prof on facebook
Then I consider it to be a success.

Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48337 posts
Posted on 2/27/14 at 2:42 pm to
quote:

some animals are more equal than others


Correct. Prohibition of private discrimination opened Pandora's Box.
Posted by GumboPot
Member since Mar 2009
119065 posts
Posted on 2/27/14 at 2:42 pm to
quote:

quote:

However they can make choices based on who they are attracted to.


Really? You could just as easily be attracted to men if you chose to?

Interdasting...


I worded that last sentence wrong. Read my entire post. I specifically said you cannot choose to have SSA however you can choose to participate in the behavior.

There is no behavior that results form skin color thus protected class is justified for minority races. Protected class is not justified for same sex attractors because they have a choice on whether or not to participate in SSA behavior.
Posted by Tigah in the ATL
Atlanta
Member since Feb 2005
27539 posts
Posted on 2/27/14 at 2:42 pm to
quote:

No because Nazis aren't a protected class like gays.
Which begs the question, why not?
it does not "beg the question." You begged the question by implying the 2 groups are similar.
Posted by TigerTattle
Out of Town
Member since Sep 2007
6627 posts
Posted on 2/27/14 at 2:42 pm to
quote:

Having legitimate religious beliefs doesn't give one an out in obeying the law.
It gave Cassius Clay/Muhammad Ali an out to avoid the draft
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