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Author Topic:   Where should there be "The right to refuse service"?
New Cat's Eye
Inactive Member


(2)
Message 91 of 928 (728869)
06-03-2014 8:39 PM
Reply to: Message 89 by NoNukes
06-03-2014 8:31 PM


Re: When it endangers others.
What law prevents me from kicking people out of my shop after they behave badly?
None, "Jerks" is not a protected class of people.

This message is a reply to:
 Message 89 by NoNukes, posted 06-03-2014 8:31 PM NoNukes has not replied

  
New Cat's Eye
Inactive Member


Message 92 of 928 (728870)
06-03-2014 8:44 PM
Reply to: Message 87 by Faith
06-03-2014 7:40 PM


Re: Denial of service and not the person?
That's been my position all along, never deviated from it for a moment, though for some reason it's been just about impossible to get it across.
Mod specifically addressed your point when he explained that you are being just as discriminatory as denying your service to "people wearing yarmulkes", which has been ruled as being discriminatory against Jews.

This message is a reply to:
 Message 87 by Faith, posted 06-03-2014 7:40 PM Faith has replied

Replies to this message:
 Message 93 by Faith, posted 06-04-2014 1:19 AM New Cat's Eye has replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 93 of 928 (728888)
06-04-2014 1:19 AM
Reply to: Message 92 by New Cat's Eye
06-03-2014 8:44 PM


Re: Denial of service and not the person?
Mod's point never made any sense to me and it still doesn't, and I've answered it already. Again, I'm never talking about denying service to any persons at all, wearing yarmulkes or not, only specifically denying a specific service. And if a person came in wearing a yarmulke and wanted to order a wedding cake for the gay wedding of a couple of friends of his I'd have to turn him down too. I might try to interest him in a cupcake though.

This message is a reply to:
 Message 92 by New Cat's Eye, posted 06-03-2014 8:44 PM New Cat's Eye has replied

Replies to this message:
 Message 94 by New Cat's Eye, posted 06-04-2014 1:30 AM Faith has replied
 Message 95 by PaulK, posted 06-04-2014 1:38 AM Faith has replied

  
New Cat's Eye
Inactive Member


Message 94 of 928 (728892)
06-04-2014 1:30 AM
Reply to: Message 93 by Faith
06-04-2014 1:19 AM


Re: Denial of service and not the person?
Mod's point never made any sense to me and it still doesn't,
Talk about impossible to get across...
Again, I'm never talking about denying service to any persons at all,
Right, all you'd have to say is that your bakery doesn't provide cakes that have people wearing yarmulkes. And there you go: you're not, according to your view, denying anyone services. You're just not making a particular kind of cake.
But this has been ruled to being discrimination.
Just like you not making a "gay cake" is also discrimination.
Its not that your point isn't being understood, its just that it is wrong.

This message is a reply to:
 Message 93 by Faith, posted 06-04-2014 1:19 AM Faith has replied

Replies to this message:
 Message 97 by Faith, posted 06-04-2014 1:55 AM New Cat's Eye has replied

  
PaulK
Member
Posts: 17828
Joined: 01-10-2003
Member Rating: 2.4


Message 95 of 928 (728894)
06-04-2014 1:38 AM
Reply to: Message 93 by Faith
06-04-2014 1:19 AM


Re: Denial of service and not the person?
quote:
Mod's point never made any sense to me and it still doesn't, and I've answered it already. Again, I'm never talking about denying service to any persons at all, wearing yarmulkes or not, only specifically denying a specific service
That's because you haven't read the court decisions. Acquainting yourself with the relevant facts is always a good idea.
Also I must add that insisting that the service is "providing a wedding cake to a gay wedding" rather than simply "providing a wedding cake" is rather pushing things. But if the service is just "providing a wedding cake" there really doesn't seem any question that the baker is engaging in discrimination, is there ?
Anyway, a gay getting married will naturally be having a gay wedding - in fact only gays will be having gay weddings, just like only Jews will be wearing yarmulkes. Therefore there is no nice clean divide between the service - or at least your idea of the service - and the person. Refusing to provide wedding cakes for gay weddings is discrimination against gays for being gay. Which isn't allowed.

This message is a reply to:
 Message 93 by Faith, posted 06-04-2014 1:19 AM Faith has replied

Replies to this message:
 Message 96 by Faith, posted 06-04-2014 1:54 AM PaulK has replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 96 of 928 (728896)
06-04-2014 1:54 AM
Reply to: Message 95 by PaulK
06-04-2014 1:38 AM


Re: Denial of service and not the person?
The law is nuts if that's what it says.

This message is a reply to:
 Message 95 by PaulK, posted 06-04-2014 1:38 AM PaulK has replied

Replies to this message:
 Message 98 by PaulK, posted 06-04-2014 2:06 AM Faith has replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


(1)
Message 97 of 928 (728897)
06-04-2014 1:55 AM
Reply to: Message 94 by New Cat's Eye
06-04-2014 1:30 AM


Re: Denial of service and not the person?
Now the yarmulke is on the cake rather than the person? Curiouser and curiouser.

This message is a reply to:
 Message 94 by New Cat's Eye, posted 06-04-2014 1:30 AM New Cat's Eye has replied

Replies to this message:
 Message 104 by New Cat's Eye, posted 06-04-2014 12:15 PM Faith has replied

  
PaulK
Member
Posts: 17828
Joined: 01-10-2003
Member Rating: 2.4


Message 98 of 928 (728899)
06-04-2014 2:06 AM
Reply to: Message 96 by Faith
06-04-2014 1:54 AM


Re: Denial of service and not the person?
quote:
The law is nuts if that's what it says.
It is entirely sensible to point out that there is no neat distinction between "having a gay wedding" and "being gay".
It is entirely sensible for a law to avoid providing convenient loopholes that would make it difficult to enforce, or worse, effectively nullify it.
That's why the segregationists weren't allowed to appeal to their belief that segregation was God's law when they wanted to discriminate against Blacks. Do you say that that was wrong ?

This message is a reply to:
 Message 96 by Faith, posted 06-04-2014 1:54 AM Faith has replied

Replies to this message:
 Message 99 by Faith, posted 06-04-2014 2:09 AM PaulK has replied
 Message 120 by Taq, posted 06-04-2014 5:05 PM PaulK has not replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 99 of 928 (728900)
06-04-2014 2:09 AM
Reply to: Message 98 by PaulK
06-04-2014 2:06 AM


Re: Denial of service and not the person?
The Bible does not support discrimination against blacks, and as soon as the law went against it the claim was dropped because it was obviously bogus.. However the Bible does require that I refuse to do anything to acknowledge or validate a gay wedding and this isn't going to change no matter what the law says..

This message is a reply to:
 Message 98 by PaulK, posted 06-04-2014 2:06 AM PaulK has replied

Replies to this message:
 Message 100 by PaulK, posted 06-04-2014 2:26 AM Faith has not replied
 Message 103 by ringo, posted 06-04-2014 12:14 PM Faith has not replied

  
PaulK
Member
Posts: 17828
Joined: 01-10-2003
Member Rating: 2.4


(1)
Message 100 of 928 (728902)
06-04-2014 2:26 AM
Reply to: Message 99 by Faith
06-04-2014 2:09 AM


Re: Denial of service and not the person?
quote:
The Bible does not support discrimination against blacks, and as soon as the law went against it the claim was dropped because it was obviously bogus.
It wasn't obviously bogus to Buzsaw who appealed to the idea on this forum. Bob Jones University infamously had a ban on inter-racial dating up until the year 2000.
But, more to the point, are you really asking the courts to judge the truth of religious belief ? To say that the segregationists beliefs are wrong and therefore invalid, no matter how deeply held that they might be ?
One of the basic points underlying freedom of religion is that the law is to regulate behaviour not belief. To allow behaviour considered unacceptable because of some beliefs and not others seems to me to step over that line.
quote:
However the Bible does require that I refuse to do anything to acknowledge or validate a gay wedding and this isn't going to change no matter what the law says..
Maybe you should point us to the place where the Bible says that, then. It's very odd that you haven't, and have even pointed to a place which says you should obey the secular law instead. If you're correct.

This message is a reply to:
 Message 99 by Faith, posted 06-04-2014 2:09 AM Faith has not replied

  
ringo
Member (Idle past 441 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 101 of 928 (728914)
06-04-2014 11:50 AM
Reply to: Message 84 by AZPaul3
06-03-2014 1:50 PM


Re: An Established History
AZPaul3 writes:
I think, based on this special relationship (the same, btw between parent/child), the courts would recognize that such an offense against the one is an offense against the other.
The issue isn't whether or not the barber can take offense; it's whether or not he can legitimately refuse service based on that offense. Can he refuse sevice to a racist? Can he refuse service to somebody who tells bad jokes? If "I take offense" is an excuse, there's really nobody you can't refuse service to.

This message is a reply to:
 Message 84 by AZPaul3, posted 06-03-2014 1:50 PM AZPaul3 has replied

Replies to this message:
 Message 105 by New Cat's Eye, posted 06-04-2014 12:21 PM ringo has replied
 Message 141 by AZPaul3, posted 06-04-2014 9:59 PM ringo has replied

  
ringo
Member (Idle past 441 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 102 of 928 (728915)
06-04-2014 12:02 PM
Reply to: Message 89 by NoNukes
06-03-2014 8:31 PM


Re: When it endangers others.
NoNukes writes:
What law prevents me from kicking people out of my shop after they behave badly?
Who's behaving badly? You're talking about throwing somebody out for having behaved badly in the past - and there was nothing about his "bad behaviour" that was legally actionable either.
NoNukes writes:
So if I kick someone out of the shop for hitting on my wife, that suggests ownership? I don't see it that way.
The way I see it, it suggests that you don't think much of your wife. Who defends her when you're not around?
NoNukes writes:
... let's suggest instead that Jody took my favorite copy of Wrestling World Magazine the last time he was here.
You could charge him with theft but you couldn't legitimately refuse service to a thief.
NoNukes writes:
Or pretend he used the "J" word at a Japanese customer.
The customer could make a complaint to whomever handles such complaints in your jurisdiction. You could act as a witness in his behalf but you couldn't refuse service to a racist.
Edited by ringo, : Acidentally omitted myself.

This message is a reply to:
 Message 89 by NoNukes, posted 06-03-2014 8:31 PM NoNukes has not replied

  
ringo
Member (Idle past 441 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 103 of 928 (728916)
06-04-2014 12:14 PM
Reply to: Message 99 by Faith
06-04-2014 2:09 AM


Re: Denial of service and not the person?
Faith writes:
However the Bible does require that I refuse to do anything to acknowledge or validate a gay wedding....
What if the wedding dress was a cotton-polyester blend? What if they were serving shrimp cocktail at the reception? Would you be able to "validate" that wedding?

This message is a reply to:
 Message 99 by Faith, posted 06-04-2014 2:09 AM Faith has not replied

  
New Cat's Eye
Inactive Member


Message 104 of 928 (728917)
06-04-2014 12:15 PM
Reply to: Message 97 by Faith
06-04-2014 1:55 AM


Re: Denial of service and not the person?
Now the yarmulke is on the cake rather than the person? Curiouser and curiouser.
How is this so hard for you to understand?
Let's say that it is against someone's religion to promote a Jewish wedding and that they believe that they cannot make a cake for a Jewish wedding. So, to avoid discriminating against Jews directly, they come up with the idea that their business does not provide the service of making cakes that involve yarmulkes.
You think that is not discriminatory because its not that they are denying any services to Jews, they just don't provide services that involve yarmulkes. Well, it turns out that the courts have ruled on this and found that denying a service that involves yarmulkes actually is discriminatory against Jews.
And that makes sense, because who else wears yarmulkes besides Jews? Not providing services that involve yarmulkes is, in effect, not providing services to Jews.
In the same way, your idea that the business just does not provide the service of make gay wedding cakes is actually discriminatory against gays.

This message is a reply to:
 Message 97 by Faith, posted 06-04-2014 1:55 AM Faith has replied

Replies to this message:
 Message 112 by Faith, posted 06-04-2014 2:23 PM New Cat's Eye has not replied

  
New Cat's Eye
Inactive Member


Message 105 of 928 (728918)
06-04-2014 12:21 PM
Reply to: Message 101 by ringo
06-04-2014 11:50 AM


Re: An Established History
The issue isn't whether or not the barber can take offense; it's whether or not he can legitimately refuse service based on that offense. Can he refuse sevice to a racist? Can he refuse service to somebody who tells bad jokes? If "I take offense" is an excuse, there's really nobody you can't refuse service to
You can always refuse to do your services. Nobody can make you run your business.
You can easily get away with it: "Oh, I have a headache and don't feel like cutting hair right now." - "You know what? My scissors just went dull, I'm sorry but I can't cut your hair." - even: "I don't like the way you treated my wife, I'm not cutting your hair."
The problem isn't that your not performing the service that you offer. The problem arises when you refuse to perform your service based on discrimination against a protected class of people.
The baker could have easily gotten away with it, "Shit, we just ran out of flour, sorry but we can't make you a cake", but no, they didn't want to do that. They had to tell the customer that they refuse to make cakes for gay people. That is when it becomes a problem.
ABE:
but you couldn't refuse service to a racist.
"Racists" is not a protected class of people. You can refuse service to them.
Edited by Catholic Scientist, : ABE

This message is a reply to:
 Message 101 by ringo, posted 06-04-2014 11:50 AM ringo has replied

Replies to this message:
 Message 106 by ringo, posted 06-04-2014 12:36 PM New Cat's Eye has replied

  
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