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GumboPot
USA Fan
Member since Mar 2009
55551 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

so there are no sexual identities, then?

a person cannot be discriminated against due to their sexual identity because they don't exist?

so a business could legally discriminate against all hetero people? or virgins?

just trying to understand the position



IDK.

Just let the baker bake cakes that he wants to bake.


Homesick Tiger
LSU Fan
Greenbrier, AR
Member since Nov 2006
33661 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

and side with the baker.


Yep. I just wonder how those supporting the gay guys would feel if the gays owned the bakery and ole Bubba walked in wanting a big ole Confederate flag cake.


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Salmon
USA Fan
On the trails
Member since Feb 2008
57675 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

Just let the baker bake cakes that he wants to bake.


1000% agree

just want to understand the OP's position


Sidicous
LSU Fan
Middle of Nowhere
Member since Aug 2015
3633 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

you don't remember if you chose to have sex with a man or not?


Probably doesn't remember making the choice to get out of bed today either. Or the choice to walk instead of crawl. Or the choice to breathe through his mouth instead of his nose.


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ljhog
Arkansas Fan
Lake Jackson, Tx.
Member since Apr 2009
14674 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

agree


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TrueTiger
LSU Fan
Chicken's most valuable
Member since Sep 2004
29644 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

Just let the baker bake cakes that he wants to bake.


You mean actual freedom?



Green Chili Tiger
LSU Fan
Lurking the Tin Foil Hat Board
Member since Jul 2009
26290 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

he said that kennedy drilled down and implied that

'being gay' is not an identity, but rather 'being gay' is a course of action choice



He did not.

He made a supposition to a counselor that was arguing that Masterpiece denied service based solely on identity.

He said that would be an oversimplification.


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GumboPot
USA Fan
Member since Mar 2009
55551 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
TigerV really provided sound reasoning.

I was just brainstorming.


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
41637 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

You mean actual freedom?


quote:




You laugh. BUT, if you let that happen, frickers will start breeding Labradors with poodles and shit!


slippery slope, dude. Slippery frickin' slope


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omegaman66
LSU Fan
greenwell springs
Member since Oct 2007
10657 posts
 Online 

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
I don't understand this whole identity crap. You are what you are. Why does it matter? If you are male... Then that is what you are. If you are homosexual then that is what you are. None of this crap should have any relevance in politics. Seems maybe it belongs on a science forum.


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Salmon
USA Fan
On the trails
Member since Feb 2008
57675 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
this is what I want the OP to clarify

quote:

he point is that if its an identity then it is discrimination, if its a choice then it is not discrimination


because if he believes this, this would open up all kinds of legal battles


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EA6B
Navy Fan
TX
Member since Dec 2012
6043 posts
 Online 

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

Not how I heard it, being gay was an identidy and the baker did not discriminate based on being gay, but the action of getting married; therefore he did not discriminate them for being gay. Th plaintiff claimed discrimination against their identidy but the identity is them and not the action of getting married and he would have let them buy a cake in the store that was already made therefore no discrimination


That is exactly what was said, have no idea how the OP derived what he posted from what was actually said by Rush and Justice Kennedy.


McLemore
Member since Dec 2003
18741 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
What if the swelling never goes down?


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Blizzard of Chizz
Auburn Fan
Member since Apr 2012
11106 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
OP did a terrible job of summarizing the point Rush was making about Justice Kennedy’s line of question. Justice Kennedy’s point was that there is a huge difference between discriminating against someone because they happen to be gay and refusing to participate in an action that is in conflict with your beliefs. Case in point, if the baker had refused to sell them anything in his store because they are gay, that is discrimination based on sexual orientation and that is illegal. However, he agreed to do business with them, but he declined to participate in the event because of his religious beliefs.

The question is not whether or not a business has a right to deny service to gays or other groups, but whether or not a business has the right to decline to participate in an event they oppose for religious or other moral reasons. For instance, let’s say you go to your local bakery owned by a person of color, and request that he bake a custom cake celebrating the legacy of Bull Connor or the birthday of the Klan. Does that business owner have a right to refuse to bake you a cake or do you take him to court for discrimination and force him to bake you a Klan cake?
This post was edited on 12/7 at 2:47 pm


TigrrrDad
Member since Oct 2016
2081 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

Then the opposite is true. Being hetero itself is a choice, whether you act on it or not, but it is not an identity...However I just have a propensity to choose hetero. Kind of like I choose to eat french fries and choose not to eat steamed spinach, because I was born to like french fries and hate steamed spinach


Your body is biologically designed to eat both. You choose based on personal preference. A better analogy would be that you choose to eat french fries rather than eat rocks. Your body has not been designed by milions of years of evolution to eat rocks. You can choose to eat rocks, but it is incongruous with your evolutionary design. If you’re born a male, your penis is biologically designed to enter a vagina. Or the “in” door, as opposed to the “out” door. You can still choose door #2 (pun intended), but it’s not what your body was designed to do.

For the record, I don’t think being gay is a choice - I’m just correcting the analogy.
This post was edited on 12/7 at 3:47 pm


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Salmon
USA Fan
On the trails
Member since Feb 2008
57675 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
I'm glad people clarified Kennedy's position because I was pretty horrified that someone in his position would take the OP's stance


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BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
41637 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
quote:

Blizzard of Chizz


Thank you for that post


Blizzard of Chizz
Auburn Fan
Member since Apr 2012
11106 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
It’s all good.


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RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
15546 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
No gay gene = choice


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Green Chili Tiger
LSU Fan
Lurking the Tin Foil Hat Board
Member since Jul 2009
26290 posts

re: Rush just mentioned Justice Kennedy's take on Gay Wedding cake case
The exact transcript for those interested:

quote:

MR. COLE: So I -- I think -- I think, Your Honor, if -- if identity discrimination is involved -- and there's no question that identity discrimination is involved here because, again, the only thing the baker knew was the identity of the people who were -­

JUSTICE GINSBURG: Mr. Cole, maybe I

JUSTICE GORSUCH: I -- I -- but -­

JUSTICE GINSBURG: -- I misunderstood your answer to Justice Gorsuch. Did you say you could refuse to sell the identical cake with the red cross?

MR. COLE: If -- if he is not doing it on the basis of the identity -- a protected identity. The Ku Klux Klan as an organization is not a protected class. So, yes, the LB -- the public accommodations law does not say you must treat everybody; it says you cannot discriminate on the basis of protected categories.

JUSTICE KENNEDY: Well, but this whole concept of identity is a slightly -- suppose he says: Look, I have nothing against -- against gay people. He says but I just don't think they should have a marriage because that's contrary to my beliefs. It's not -­

MR. COLE: Yeah.

JUSTICE KENNEDY: It's not their identity; it's what they're doing.

MR. COLE: Yeah.

JUSTICE KENNEDY: I think it's -- your identity thing is just too facile.


Full Transcript for those interested.


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