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Started By
Message
re: SCOTUS Says You Don't Have To Bake That Gay Cake
Posted on 6/4/18 at 10:56 am to ShortyRob
Posted on 6/4/18 at 10:56 am to ShortyRob
quote:
And, no matter how "narrow" someone wants to read this........good fricking luck constructing a law that gets around the reason these bakers won.
I don’t know if it will be that difficult, a lot of wat they talked about is the hostility expressed by the Commission in their ruling. The text of the law received less emphasis,
In particular Kennedy said “Whatever the confluence of free speech and free exercise principles might be in some cases, the [CCRC] consideration of this case was inconsistent with State’s obligation of religious neutrality.”
That leave the door wide open for a different ruling on different facts.
Posted on 6/4/18 at 10:57 am to Volkosoby
quote:
The gays will try to ban all cake making ingredients
or the gays are about to get the definition of the word 'cake' changed
Posted on 6/4/18 at 10:57 am to ShortyRob
quote:
"Narrow" is a relative term
It really isn't.
If the Court has multiple different legal principles at issue. And they issue a ruling about ONE of those issues. Then the ruling is, by definition, "narrow" in scope, regardless of the import of the ruling.
There's really no context required.
This post was edited on 6/4/18 at 10:58 am
Posted on 6/4/18 at 10:57 am to Teddy Ruxpin
quote:
People are certainly hypocritical on the issue. Just like always.
These cases lay bare why the entire concept of "protected classes" is actually government sponsored discrimination.
We didn't get rid of Jim Crow. We replaced it and made it national.
Posted on 6/4/18 at 10:59 am to Guava Jelly
quote:It really is.
It really isn't.
quote:
If the Court has multiple different legal principles at issue. And they issue a ruling about ONE of those issues. Then the ruling is, by definition, "narrow" regardless of the import of the ruling.
And, if they have multiple principles at issue and only rule on some, it can be called narrow.
If it has multiple at issue and rule on all but one deemed very important by the individual writing, it can be called narrow?
So. Tell me again how this can't apply to shite tons of decisions?
Posted on 6/4/18 at 11:00 am to ShortyRob
Shorty, I respect you a lot. With that said, having read the opinion the Court clearly leaves open the possibility for a different result under different facts.
They even point out the ambiguity between refusing to make a special cake versus refusing to make a generic wedding cake.
They even point out the ambiguity between refusing to make a special cake versus refusing to make a generic wedding cake.
Posted on 6/4/18 at 11:01 am to ShortyRob
Part of the reason I'm such a deregulation and market freedom champion to solving issues lies somewhat in this context.
The more rules you make the more likely they become illogical and unmanageable.
For example, GDPR privacy law in the EU. Some theorize it is so complex that it is impossible to comply
The more rules you make the more likely they become illogical and unmanageable.
For example, GDPR privacy law in the EU. Some theorize it is so complex that it is impossible to comply
Posted on 6/4/18 at 11:01 am to Teddy Ruxpin
You are spot on about GDPR.
This post was edited on 6/4/18 at 11:02 am
Posted on 6/4/18 at 11:02 am to CorporateTiger
quote:
I don’t know if it will be that difficult, a lot of wat they talked about is the hostility expressed by the Commission in their ruling. The text of the law received less emphasis,
The hostility stems from the commission dismissing the baker's views.
The commission allows you to not bake something you find offensive.......they just refused to acknowledge HIS view of offensive.
Good fricking luck getting past that.
quote:Go ahead. Speculate for me.
That leave the door wide open for a different ruling on different facts.
Envision a scenario where a commission somewhere gets around the problem of dismissing the religious view of what's offensive.
Posted on 6/4/18 at 11:03 am to CorporateTiger
quote:
You are spot on about GDPR.
We're not alone in our suffering
Posted on 6/4/18 at 11:04 am to ShortyRob
quote:
And, if they have multiple principles at issue and only rule on some, it can be called narrow.
If it has multiple at issue and rule on all but one deemed very important by the individual writing, it can be called narrow?
The broader issue here was 1st Amendment. The court, instead, ruled more narrowly, punting on the 1st Amendment issue.
So, even by your own definition of the word "narrow," it's still correct.
Posted on 6/4/18 at 11:04 am to CorporateTiger
quote:Thanks you
Shorty, I respect you a lot
quote:
With that said, having read the opinion the Court clearly leaves open the possibility for a different result under different facts.
I cannot imagine ANY scenario whatsoever that gets around the commission's problem.
And I'm atheist!
quote:Well yeah.
hey even point out the ambiguity between refusing to make a special cake versus refusing to make a generic wedding cake.
But almost every single one of these cases revolves around non-generic.
And, most people who support the bakers don't object to them providing a generic cake.
In basically every case, there's some element that causes the baker to "support". IE, perhaps deliver the cake and be part of the event. Specifically gay cakes. Etc etc.
Those are ALL going to fail in light of this ruling.
Posted on 6/4/18 at 11:05 am to Guava Jelly
quote:I fricking literally said in the first post you whined about that with the term being relative, it can be applied to virtually any decision.............so yeah.
The broader issue here was 1st Amendment. The court, instead, ruled more narrowly, punting on the 1st Amendment issue.
So, even by your own definition of the word "narrow," it's still correct.
Posted on 6/4/18 at 11:05 am to ShortyRob
I mean Kennedy flat says “Given all of these considerations, it is proper to hold that whatever the outcome of some future controversy involving facts similar to these, the Commission’s actions here violated the Free Exercise clause.”
If they just want to say “the CCRC must give deference to any sincerely held religious belief in applying this law” they could have.
You don’t caveat an opinion like he did for no reason.
If they just want to say “the CCRC must give deference to any sincerely held religious belief in applying this law” they could have.
You don’t caveat an opinion like he did for no reason.
Posted on 6/4/18 at 11:07 am to Volkosoby
quote:
The gays will try to ban all cake making ingredients
If it can save one gay wedding...
Posted on 6/4/18 at 11:08 am to CorporateTiger
quote:
I mean Kennedy flat says “Given all of these considerations, it is proper to hold that whatever the outcome of some future controversy involving facts similar to these, the Commission’s actions here violated the Free Exercise clause.”
I know.
quote:
You don’t caveat an opinion like he did for no reason.
Oh. He's clearly leaving them open to simply ban any discrimination.
THAT ain't gonna happen.
I like that he hung it purely on the commission's actions.
My point remains. Good fricking luck AVOIDING the commission's problem.
I sincerely cannot even imagine how one would hope to do so.
Posted on 6/4/18 at 11:08 am to Salmon
quote:
If they were trying to mislead, they wouldn't have put the 7-2 decision in the 1st paragraph
I don't think it's some grand conspiracy to mislead, but this byline from Reuters
quote:
•The U.S. Supreme Court on Monday handed a narrow victory to a Christian baker from Colorado who refused for religious reasons to make a wedding cake for a gay couple.
makes it sound like it was a 5-4 decision.
I understand it wasn't a landmark decision and the circumstances under which it decided are pretty specific, but the word choice in that byline/headline is poor IMO.
ETA - Calling it a "limited ruling" seems much more appropriate, but the wording isn't the end of the world.
This post was edited on 6/4/18 at 11:12 am
Posted on 6/4/18 at 11:09 am to Fun Bunch
quote:I disagree. The bakery can refuse to sell the "I hate f-gs" cake, upon the position that they would refuse to sell that cake to anyone.
I agree. As I've said, I don't think this is as narrow as people are making it out to be.
States are going to have a really hard time trying to construct a completely neutral process.
Basically they'll have to say you can't refuse service to ANYONE. So a gay baker may have to bake a cake that says "I hate f-gs."
But that doesn't mean they wouldn't have to sell Adam and Steve a neutral cake with no political positions on it, because that is a cake that the baker would have sold to Adam and Eve. You can't refuse to sell a product to a protected person, when you would have sold that same product to another person.
*FTR, I dislike protected classes and I'm in support of a bakery refusing to sell whatever it wants to whomever it wants for any reason at all - but I don't think the states will have a difficult time on this on
Posted on 6/4/18 at 11:09 am to ShortyRob
Actually most SCOTUS cases are decided with big majorities.
Many are 9-0
LINK
One popular school of thought holds that the Supreme Court is by now effectively a political institution, that Democratic appointees on the Court sit there with the purpose of enacting Democratic policies and Republican appointees intend to enact Republican policies. In this telling, it is naïve to think that justices should be selected by their commitment to a particular approach to jurisprudence — unless that approach is to blindly support the legislation of one particular party. It is this school of thought at work when, for instance, commentators claim that a particular decision is “heartless” and ignore the question of whether or not it is good law; it is this school of thought at work when writers suggest that the Supreme Court could use a justice or two without a legal background, or when law professors suggest that perhaps the Constitution doesn’t have very much to do with jurisprudence anymore.
This school of thought is wrong. It is not merely normatively wrong — as if there were no benefit in having a stable, democratically established basis for law — but wrong as a descriptive account of how the Supreme Court operates. The Supreme Court is at times partisan, and the most hot-button issues do tend to produce 5–4 or 6–3 votes, but the vast majority of cases before the Supreme Court hinge on complicated cases of law that require the full expertise of the justices. Many of these cases are decided unanimously. In fact, a surprising number of politically contentious cases are decided unanimously or close to unanimously.
The most recent term, in fact, was the least partisan since the middle of the 20th century. Over half of the cases were unanimous, and only 14 percent were decided by a 5–3 or 5–4 split. To some degree, this can be attributed to the fact that the Court had only eight justices for much of the term, meaning the justices had to work to avoid tie votes, or to the relatively inconsequential roster of cases the Court dealt with. But even in a more typical term, approximately 80 percent of votes are in support of the majority opinion, and only about 20 percent of cases are determined narrowly. The 5–4 cases that get national attention are in fact somewhat anomalous.
Many are 9-0
LINK
One popular school of thought holds that the Supreme Court is by now effectively a political institution, that Democratic appointees on the Court sit there with the purpose of enacting Democratic policies and Republican appointees intend to enact Republican policies. In this telling, it is naïve to think that justices should be selected by their commitment to a particular approach to jurisprudence — unless that approach is to blindly support the legislation of one particular party. It is this school of thought at work when, for instance, commentators claim that a particular decision is “heartless” and ignore the question of whether or not it is good law; it is this school of thought at work when writers suggest that the Supreme Court could use a justice or two without a legal background, or when law professors suggest that perhaps the Constitution doesn’t have very much to do with jurisprudence anymore.
This school of thought is wrong. It is not merely normatively wrong — as if there were no benefit in having a stable, democratically established basis for law — but wrong as a descriptive account of how the Supreme Court operates. The Supreme Court is at times partisan, and the most hot-button issues do tend to produce 5–4 or 6–3 votes, but the vast majority of cases before the Supreme Court hinge on complicated cases of law that require the full expertise of the justices. Many of these cases are decided unanimously. In fact, a surprising number of politically contentious cases are decided unanimously or close to unanimously.
The most recent term, in fact, was the least partisan since the middle of the 20th century. Over half of the cases were unanimous, and only 14 percent were decided by a 5–3 or 5–4 split. To some degree, this can be attributed to the fact that the Court had only eight justices for much of the term, meaning the justices had to work to avoid tie votes, or to the relatively inconsequential roster of cases the Court dealt with. But even in a more typical term, approximately 80 percent of votes are in support of the majority opinion, and only about 20 percent of cases are determined narrowly. The 5–4 cases that get national attention are in fact somewhat anomalous.
Posted on 6/4/18 at 11:11 am to Eurocat
quote:OK. Not for nothing but didn't you just acknowledge that you realize that I'm aware that "narrow" wasn't referring to the Justice split?
Actually most SCOTUS cases are decided with big majorities.
Many are 9-0
If so, what's your point?
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