Baker strikes back....

Discussion in 'Current Events' started by trickyricky, Aug 15, 2018.

  1. chris155au

    chris155au Well-Known Member

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    Pharmacies provide an essential service and they are essentially acting on behalf of the state, as the state has chosen the private sector as its method of healthcare treatment distribution. Therefore I'm pretty sure that pharmacies must simply sell to everyone and not just simply not discriminate on the basis of membership of a protected class, but even sell to racists for example. Of course, no one has ever been refused birth control before.

    Again, these are essential services. The Civil Rights Act 1964 forbids this, and although in 2018 I would much rather that social pressure can be allowed to be the cure of this sort of discrimination, rather than force of government gun, I wouldn't shed too many tears if some racist piece of human garbage who doesn't want to serve a black guy based on his race, is compelled by law to serve them. The same goes for a homophobic piece of human garbage who doesn't want serve a gay guy based on his sexual orientation.

    Sorry, what case is this?

    Would it be different if it WAS a choice?

    In what instance?
     
  2. AKS

    AKS Banned

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    Bullshit
     
  3. AKS

    AKS Banned

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    Right. We can’t possibly be safe without nanny government holding our helpless hands.
     
  4. chris155au

    chris155au Well-Known Member

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    Why?
     
  5. BobbyRam

    BobbyRam Banned

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    So you don't believe in any laws? Murder shouldn't be illegal?
     
  6. BobbyRam

    BobbyRam Banned

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    There have been instances of individuals refusing to sell birth control or in this instance abortion medication to woman who's fetus was already dead. https://www.google.com/amp/s/nypost...arriage-drug-for-fetus-with-no-heartbeat/amp/
    It was a hypothetical.
    I suppose not.
     
  7. AKS

    AKS Banned

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    Where did you get that?
     
  8. BobbyRam

    BobbyRam Banned

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    You did say this did you not? Regulations for businesses are like laws for people. The regulation that prevents a butcher from selling you rotten meat as fresh is equivalent to the law that makes it illegal for an individual to poison you.
     
  9. chris155au

    chris155au Well-Known Member

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    Why?
     
  10. Professor Peabody

    Professor Peabody Well-Known Member Past Donor

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    Federal laws supersede state laws.
     
  11. chris155au

    chris155au Well-Known Member

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    Sure, but you realise that the federal government accepts state laws and allows states to exercise those laws right?
     
  12. btthegreat

    btthegreat Well-Known Member

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    I was quoting post # 40 by AKS. "Anyone should be able to discriminate for any reason whatsoever. No one has the right to tell a man that he must work for another."

    That was not a legal argument he asserted. It was an ideological view he promoted and it was a mischaracterization/ exaggeration of what civil rights acts do, and it is a mischaracterization of what any post-13th amendment regulation of private enterprise does. It does not 'infringe on any man's right to decide whether he has to work for another' any more than any other regulation. Laws that allow for slavery, or involuntary servitude or compulsory military service would be far better examples of that sort of 'infringement' than a rule that says if you sell cakes, you must be willing to write similar things on those cakes, regardless of whether they are designed to please a gay or straight couple. Not exactly chains and shackles here. That was my point.

    I never said that selling a business was easy, or that obeying regulations imposed by federal, state or local governments is easy. I said there are choices left for a business owner (as a 'man') other than disobeying or flouting those regulations, or allowing someone to infringe on his right not to work for another .
     
    Last edited: Aug 20, 2018
  13. chris155au

    chris155au Well-Known Member

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    Isn't this where the Constitution fails us? By only relating to Congress?
     
  14. yguy

    yguy Well-Known Member

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    I see you've conveniently forgotten 14A.
     
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  15. chris155au

    chris155au Well-Known Member

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    Are you not aware that this was incorporated into state constitutions between 1940 and 1947? Are you not aware that the State of Colorado was SLAM DUNKED by the Supreme Court for violating the First Amendment in the baker/wedding cake case?
     
    Last edited: Aug 20, 2018
  16. Professor Peabody

    Professor Peabody Well-Known Member Past Donor

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    Not when a case gets to the SCOTUS.
     
  17. Professor Peabody

    Professor Peabody Well-Known Member Past Donor

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    That's why Congress codified it in the Civil Rights Act of 1964.
     
  18. Professor Peabody

    Professor Peabody Well-Known Member Past Donor

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    No, but the courts bent the envelope of the 14th A with affirmative action which discriminates in of itself. You can't bend the rules for some and not for others, especially when they are a protected class.
     
    Last edited: Aug 21, 2018
  19. chris155au

    chris155au Well-Known Member

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    But you realise that SCOTUS didn't refer to the 1964 Civil Rights Act in the original case involving this baker?

    You mean codified the 1st Amendment in the Civil Rights Act?
     
    Last edited: Aug 21, 2018
  20. chris155au

    chris155au Well-Known Member

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    .
     
    Last edited: Aug 21, 2018
  21. chris155au

    chris155au Well-Known Member

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    I didn't say that it was a "legal argument", just that he was clearly saying what he said in debate of the laws. If he wasn't debating the laws, then why would he have said what he said?

    Yes, it was an ideological view which GOES TO the argument that there shouldn't be a law which compels someone to work for someone - certainly not in a non-essential service context such as a bakery! And it in an ideal world it should never have been in an essential service context either, although I do recognise the positive effect that the laws had back in those days, being far from an ideal world.

    Why do you mention the 13th amendment here?

    All other regulations protect against potential physical and financial harm to employees and customers, which would include your fire extinguisher example. And as such, these regulations are reasonable.

    What do you mean "write similar things on those cakes?"

    Of course there are choices, but are they reasonable choices?
     
  22. chris155au

    chris155au Well-Known Member

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    That Arizona law is certainly odd. I totally disagree with it.

    In what instance?
     
    Last edited: Aug 21, 2018
  23. BobbyRam

    BobbyRam Banned

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    The latest one with this Colorado cake shop and the gender transition cake. The Supreme Court made its ruling, it's not likely to go differently than the last one if it gets that far, I want to say this lawsuit (and the next one) are probably boarding on harassment but he's also a dick so I don't really care all that much honestly.
     
    Last edited: Aug 21, 2018
  24. chris155au

    chris155au Well-Known Member

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    I thought that you said that it "ain't a easy argument."

    How is he a dick?
     
  25. BobbyRam

    BobbyRam Banned

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    Personally. It isn't an easy argument, personally. Legally is a whole other matter.
    I find religious objections b.s.. Does he refuse to bake cakes for people getting married for the second time? Or people who've had premarital sex? Does he not ask and rationalize a loophole based around blissful ignorance? I don't know know. Does he design cakes with cartoon characters? The bible had something to say about taking other idols if I recall. If you want to practice your weird cosplay have at it, but don't use it as an excuse to treat people differently and if you do I going to think you're a dick. You're free to disagree.
     
    Last edited: Aug 21, 2018

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