(03-29-2015 12:40 PM)Tom in Lazybrook Wrote: Lots of states have offensive archaic laws.
Indiana just passed Jane Crow. Not 20 or 30 years ago. But last week. We're going to concentrate on them.
and we're apparently going to ignore Clinton in 93 and Obama in 98 supporting/passing similar legislation still on the books....
Okay.
(03-30-2015 12:33 PM)Tom in Lazybrook Wrote: (03-30-2015 12:23 PM)BleedsHuskieRed Wrote: Tom,
Do you think you have a right to someone else's time and energy?
There are places where substitutes are more expensive or less of a fit or might not exist at all. Terre Haute isn't going to have a florist that just does Gay weddings for example. The market isn't that big.
Here we go again. First there weren't enough gay friendly pastry chefs, now there aren't enough gay friendly florists. You don't have to have a florist that just does gay weddings.
If gay friendly people charge gay people more than straight, then they aren't really gay friendly, are they. I find this sort of argument especially problematic because I'm confident that you'd argue that if a straight pastry chef or florist tried to charge the gay couple more, they should be protected from such discrimination...
Quote:By the way, perhaps I might feel different if those claiming religious freedom actually tried to exercise it consistent with their religious practices. Zero divorced persons are denied services when attempting to procure wedding supplies in the commercial sector. You see this law isn't about exercising religious freedom unless their religion is only about discriminating against Gay persons. In practice, the only people ever denied service under these laws are Gay persons. Its targeted at us.
and we might feel differently if those claiming discrimination didn't seem to go out of their ways to force a confrontation.... or as in this case, sort of imagining what people might be able to 'do and get away with' even though numerous other states AND the feds have similar laws, and nobody seems too up in arms about them.
More on this in response to the next two
(03-30-2015 11:18 PM)ODUgradstudent Wrote: I think it's going to come down to the courts to determine what a "substantial burden" on an individual's religion will be.
I would never support a law that permits a refusal of service to someone because they're LGBT, but forcing an individual or a business to participate in a gay wedding (for example) is forcing them to endorse that, which to me would be a substantial burden. Clearly not allowing a person to eat in a restaurant or stay in a hotel because they're gay is unacceptable.
I agree... Similarly, buying a cake or a bouquet from a book is entirely different from ordering a custom piece. If the picture in the book shows a character in a white dress and a character in a black tux, and someone wants two dresses or two tuxes, it's no longer 'the same as they do for everyone else'. Is that silly? IMO, yes. I wouldn't do that as a baker... but I also have given an incredibly minor alteration. SOME of these complaints/concerns are prospective not even involving a situation.
The question of 'fairness' comes when you are asked to support something under the doctrine that you don't agree with...
Should a Nazi be allowed to force a Jewish Baker to bake a cake in the shape of a Swastika? If you argue that Nazi's aren't protected classes, you're actually proving a different point I have about how having 'protected classes' represents equal protection, but that is another topic... Should a Satanist be allowed to force a Christian Baker to decorate a cake worshiping Satan? Should a gay man be allowed to force a lesbian baker to decorate a cake 'degrading' women?
I don't agree with the position being assigned to some people... that they should be able to 'deny you service because you are gay'... However, I DO believe that they should be able to deny you any CUSTOM service if that customization is inconsistent with their beliefs.
Westborough Baptist Church members shouldn't be able to force a gay baker to write 'death to gays' on a cake.
Do you disagree?
(03-31-2015 11:34 AM)Frank the Tank Wrote: There are two rights in play: the Establishment Clause right to practice religion and the Equal Protection Clause right to not to be discriminated as being a member of a protected class.
It's very simple: When the two collide, the Equal Protection Clause prevails. You CANNOT use your Establishment Clause rights as a justification to violate another person's Equal Protection Clause rights. This is consistent with the states with "Religious Freedom" laws (outside of Indiana). They have recognized sexual orientation as a protected class, and therefore, a private business CANNOT discriminate against gays on the "religious freedom" basis in those states.
The difference in Indiana is that the state hasn't recognized sexual orientation as a protected class (at least for private businesses - it does have some protection for government workers), so that's why this is a much bigger national issue.
Regardless, it's a pretty clear and unambiguous legal distinction: the Equal Protection Clause prevails over the Establishment Clause when there's a conflict. Intuitively, it makes sense - you choose your religion, whereas you are born being in a protected class (including your sexual orientation unless you subscribe to outmoded thinking). There is no grey area here from a legal standpoint.
I understand your opinion and don't generally disagree... but while the law may not be ambiguous, the facts of any actual case are.
You can't enter into evidence WHY someone refuses to do something as a fact, unless they say so. If I say, I'm not serving you because you are gay... then I agree with you... but the reality is that MOST of these situations involve some sort of decoration or display or whatever else that is unique and different from what they have done before... thus they aren't denying them because they are gay, but because of what they have asked them to DO because they are gay. Certainly not EVERY situation has been this way, but I suspect far more of them than zero... and almost every one I've personally read about has involved some sort of customization.
More significantly... without knowing if what you say is true or not... merely accepting it... I don't understand why a law specific to a state that doesn't recognize gays as a protected class (there aren't many of them) has any broader national implications... especially in that the nation DOES recognize them. I understand why this is bad news for gays in Indiana, but this law isn't the problem they need fixed...
I just think this whole pastry chef/florist thing is a distraction.
Should the Westborough Baptist Church be allowed to force a gay florist to decorate their halls for a 'death to gay people' banquet?