• Welcome to the new Internet Infidels Discussion Board, formerly Talk Freethought.

Fake Gay Marriage Website and SCOTUS Ruling

If discrimination is wrong, it is wrong, whether or not someone is a member of a protected class.
Sure, maybe in a hospital. But a restaurant? I have no problem with a neo-Nazi getting the boot from a restaurant.

If free speech is a core value and constitutionally guaranteed right under the US Constitution, ( and it is) then it includes free speech that you or I consider repugnant, with some limitations. Nazis are allowed to march in parades. They are not allowed to burn crosses in peoples front yards.
The red herring lives on.

Anti-discrimination laws do not prohibit free speech. If they did, there wouldn't have been any racist speech over the last 80 years.
Do you know what happened to that Woolworth’s that refused to serve those 4 black students? They integrated in July of 1960. Four years before the Civil Rights Act was passed.
Well then, I guess we didn't need those pesky Civil Rights laws, since everything would have worked itself out, eh?
 

Which doesn't address my point at all.
Sure it does. Black immigrants aren't burdened with the cultural baggage that comes with having a boot stamping on their face for four centuries.
In other words, you admit it's cultural. There is a big problem that needs fixing, it's just AA is completely useless at treating it.
Immigrants are quite often selected for success. Some shlub from a Zimbabwe ghetto isn't getting in. A highly educated black South African will have little trouble immigrating.
 
Money isn't a fix. If your answer involves money it's wrong.
Do you know how closed minded that sounds?

A small town needs a medical facility. The state gives them money to create the facility and staff it. The town is now happier because money was the answer.
 
  • Smile
Reactions: jab
This will end up destroying the concept of protected classes.
This is circular logic. You're basically arguing that we shouldn't protect equal rights because then we might lose the ability to protect equal rights.

And then you end up with a self-fulfilling prophecy.

Moreover, there is no evidence that protected classes are in jeopardy. Doing away with protected classes isn't part of the national political conversation.
Sadly, it is at the Supreme Court.
 
Free speech must be free even when it is repugnant.
For the umpteenth time, anti-discrimination laws do not prohibit free speech.

The anti-discrimination laws that were in place for the last 80 years did not suppress free speech. Bigotry has been alive and well and expressed freely during that time.
Free speech is under serious attack with the newly revived pastime of banning books, forbidding medics professionals from counseling their patients, forbidding teachers from saying gay or teaching actual history, not the aptly described white washed version.
And who's doing this? The right. The same right that just radically altered our anti-discrimination laws.
Compelling speech is absolutely the opposite of protecting free speech.
When you create a business of web design and web designing is speech you certainly just put yourself out there to have your speech compelled. You cannot properly serve the customer without doing so.
 
Free speech must be free even when it is repugnant.
For the umpteenth time, anti-discrimination laws do not prohibit free speech.

The anti-discrimination laws that were in place for the last 80 years did not suppress free speech. Bigotry has been alive and well and expressed freely during that time.
Free speech is under serious attack with the newly revived pastime of banning books, forbidding medics professionals from counseling their patients, forbidding teachers from saying gay or teaching actual history, not the aptly described white washed version.
And who's doing this? The right. The same right that just radically altered our anti-discrimination laws.
Compelling speech is absolutely the opposite of protecting free speech.
When you create a business of web design and web designing is speech you certainly just put yourself out there to have your speech compelled. You cannot properly serve the customer without doing so.

Imagine a gay couple approaches the minister or priest of a denomination which is known to oppose gay marriage and asks that clergy member to conduct their wedding.
Does anyone believe that the priest or minister should be compelled to perform the wedding ceremony?
 
  • Roll Eyes
Reactions: jab

The reason that people keep rejecting your Nazi red herring is that Nazis are not a protected class, which you never seem to pay attention to...
I know that Nazis are not a protected class.

What you fail to understand is there are two warring principles:

1. It is unfair ( and for now unlawful) to discriminate against someone because of an inborn characteristic plus a couple of other categories ( marital status, religion, whether you have children)

2. It is unfair to force someone to CREATE something that promotes or celebrates something they find repugnant or that violates their deeply held convictions.

No, I brought this up to you earlier, but in terms of conflicting freedoms. People have a right to discriminate, but they also have a right to patronize businesses that choose to sell goods and services to the general public. The government has to mediate such disputes, and it has done so by passing laws that restrict the right to discriminate against certain protected classes of customers. You can't have it both ways--that business owners are free to discriminate whenever they want and that everyone can purchase goods and services that they choose to sell to the public. Nazis are irrelevant, because the freedom to discriminate against them remains untouched by the law. So please stop bringing them up as if they were relevant. Nobody disagrees with your point about "warring principles".


What I think will happen in the not so distant future is that the conceit of protected classes will be chipped away at and disappear.

In an ideal society, there would be no need for protected classes because no one would discriminate unfairly against anyone else. We obviously are not there yet—and may never be. But I think that just as some people view affirmative action ( recently ruled against) as unfair, plenty of people will argue that it is unfair to force someone to create or express ideas or sentiments which are repugnant to them.

The phrase I put in boldface above--I would change it to "and obviously will never be..." There will never be a human civilization where everybody always gets what they want or gets treated fairly. The 14th amendment exists to guarantee everyone equal treatment, and protected classes have arisen to move us closer to that "ideal society" that you want. Ideally, we would like it to be second nature that we all see each other as equal, but that won't happen if we just pretend that discrimination has gone away. That pretense is what the current majority on the Supreme Court has been using to overturn laws that were implemented to carry out the goal of the 14th amendment. Roberts keeps saying that racial discrimination has essentially faded away, even though we see strong evidence that it is resurgent--especially after several of his decisions.


...
I am vehemently against discriminating against people because of their race, religions, sex, gender, if they are gay/trans, marital status, whether it not they have children or are pregnant, whether or not they have disabilities and I know I’m forgetting something but you get the idea.

I know that about you, Toni, and I have never believed otherwise. We are all vehemently against discrimination. Those of us arguing against your position do so because we believe, like the three dissenters on SCOTUS, that using free speech to justify denying services to protected groups will harm the goal of the 14th amendment--to ensure that all citizens enjoy the same protections under the law. Until now, businesses that violated those laws were penalized. Now there has been a radical weakening of antidiscrimination laws.


I am also vehemently against forcing anyone to create something that expresses or supports something they find repugnant.

It turns out that the law doesn't force anyone to do that unless they choose to sell goods and services to the public and want to deny those goods and services to certain protected classes. Outside of a business enterprise, they can be as creatively objectionable as they want, as long as they do it legally. Businesses rely on publicly-funded services and infrastructure to operate, so they are legally obliged to comply with antidiscrimination laws. Private clubs that do not offer goods and services to the general public, are allowed to discriminate.


It’s really easy to support someone refusing to create a wedding website for a Nazi themed wedding or for some child marriage. Because we agree that those are repugnant and we’d likely outlaw at least child marriage if we could and perhaps Nazis as well.

It’s harder to see where something is unjust if we disagree with the refusal. Especially if we not only disagree with the refusal but find the request to be repugnant. But I believe that the principle is the same.

I know that no one else agrees with me and that I am not going to change any minds.

I think this will be my last post on the subject.

Fair enough, but people have been defending your position here, so you are not alone. Those of us who disagree are just exercising our freedom to express our opinions. Even Supreme Court justices disagree passionately with each other on this issue.
 
  • Like
Reactions: jab

The reason that people keep rejecting your Nazi red herring is that Nazis are not a protected class, which you never seem to pay attention to...
I know that Nazis are not a protected class.

What you fail to understand is there are two warring principles:

1. It is unfair ( and for now unlawful) to discriminate against someone because of an inborn characteristic plus a couple of other categories ( marital status, religion, whether you have children)

2. It is unfair to force someone to CREATE something that promotes or celebrates something they find repugnant or that violates their deeply held convictions.

No, I brought this up to you earlier, but in terms of conflicting freedoms. People have a right to discriminate, but they also have a right to patronize businesses that choose to sell goods and services to the general public. The government has to mediate such disputes, and it has done so by passing laws that restrict the right to discriminate against certain protected classes of customers. You can't have it both ways--that business owners are free to discriminate whenever they want and that everyone can purchase goods and services that they choose to sell to the public. Nazis are irrelevant, because the freedom to discriminate against them remains untouched by the law. So please stop bringing them up as if they were relevant. Nobody disagrees with your point about "warring principles".


What I think will happen in the not so distant future is that the conceit of protected classes will be chipped away at and disappear.

In an ideal society, there would be no need for protected classes because no one would discriminate unfairly against anyone else. We obviously are not there yet—and may never be. But I think that just as some people view affirmative action ( recently ruled against) as unfair, plenty of people will argue that it is unfair to force someone to create or express ideas or sentiments which are repugnant to them.

The phrase I put in boldface above--I would change it to "and obviously will never be..." There will never be a human civilization where everybody always gets what they want or gets treated fairly. The 14th amendment exists to guarantee everyone equal treatment, and protected classes have arisen to move us closer to that "ideal society" that you want. Ideally, we would like it to be second nature that we all see each other as equal, but that won't happen if we just pretend that discrimination has gone away. That pretense is what the current majority on the Supreme Court has been using to overturn laws that were implemented to carry out the goal of the 14th amendment. Roberts keeps saying that racial discrimination has essentially faded away, even though we see strong evidence that it is resurgent--especially after several of his decisions.


...
I am vehemently against discriminating against people because of their race, religions, sex, gender, if they are gay/trans, marital status, whether it not they have children or are pregnant, whether or not they have disabilities and I know I’m forgetting something but you get the idea.

I know that about you, Toni, and I have never believed otherwise. We are all vehemently against discrimination. Those of us arguing against your position do so because we believe, like the three dissenters on SCOTUS, that using free speech to justify denying services to protected groups will harm the goal of the 14th amendment--to ensure that all citizens enjoy the same protections under the law. Until now, businesses that violated those laws were penalized. Now there has been a radical weakening of antidiscrimination laws.


I am also vehemently against forcing anyone to create something that expresses or supports something they find repugnant.

It turns out that the law doesn't force anyone to do that unless they choose to sell goods and services to the public and want to deny those goods and services to certain protected classes. Outside of a business enterprise, they can be as creatively objectionable as they want, as long as they do it legally. Businesses rely on publicly-funded services and infrastructure to operate, so they are legally obliged to comply with antidiscrimination laws. Private clubs that do not offer goods and services to the general public, are allowed to discriminate.


It’s really easy to support someone refusing to create a wedding website for a Nazi themed wedding or for some child marriage. Because we agree that those are repugnant and we’d likely outlaw at least child marriage if we could and perhaps Nazis as well.

It’s harder to see where something is unjust if we disagree with the refusal. Especially if we not only disagree with the refusal but find the request to be repugnant. But I believe that the principle is the same.

I know that no one else agrees with me and that I am not going to change any minds.

I think this will be my last post on the subject.

Fair enough, but people have been defending your position here, so you are not alone. Those of us who disagree are just exercising our freedom to express our opinions. Even Supreme Court justices disagree passionately with each other on this issue.
Selling goods and services is not the same thing as creating something specifically for someone.

Selling a template fir a website: take all customers.

Create a website specific for one person/ couple or group? That involves YOUR free speech and you cannot be compelled to express ideas or sentiments that you find repugnant.
 
That involves YOUR free speech and you cannot be compelled to express ideas or sentiments that you find repugnant.
No one has ever been compelled to be a wedding website designer. No one has a right to be a wedding website designer. Someone who finds interracial marriage repugnant can drive a forklift for a living.

And that is precisely the point here. The right that one has is freedom of speech and expression, not a right to run a business. For that, one has to obey the laws that govern business practices, and one of those is a prohibition on discrimination against protected classes of citizens.
 
Imagine a gay couple approaches the minister or priest of a denomination which is known to oppose gay marriage and asks that clergy member to conduct their wedding.
No church in the US has ever been required to marry a gay couple. Organized religion tends to get a lot of exemptions. The church can still deny women entry into the priesthood, for another example. Wall of separation, and all that.
Does anyone believe that the priest or minister should be compelled to perform the wedding ceremony?
No. As far as I'm concerned, the more people the church alienates, the better.
 
Last edited:
NEWS FLASH!!

  • Genesis 9:18-27: This passage tells the story of Noah's curse on Ham, one of his sons. The curse says that Ham's descendants will be slaves to Noah's other sons. This passage has been used to justify slavery and racism.
  • Leviticus 18:22: This passage prohibits male same-sex sexual relations. This passage has been used to justify discrimination against LGBTQ+ people.
  • 1 Timothy 2:11-12: This passage says that women should not teach or have authority over men. This passage has been used to justify discrimination against women in leadership roles.

That's what they want. I'm not even going to touch on what other religious groups want at this time because they aren't operating at the SCOTUS level (yet).
 
  • Like
Reactions: jab

The reason that people keep rejecting your Nazi red herring is that Nazis are not a protected class, which you never seem to pay attention to...
I know that Nazis are not a protected class.

What you fail to understand is there are two warring principles:

1. It is unfair ( and for now unlawful) to discriminate against someone because of an inborn characteristic plus a couple of other categories ( marital status, religion, whether you have children)

2. It is unfair to force someone to CREATE something that promotes or celebrates something they find repugnant or that violates their deeply held convictions.

No, I brought this up to you earlier, but in terms of conflicting freedoms. People have a right to discriminate, but they also have a right to patronize businesses that choose to sell goods and services to the general public. The government has to mediate such disputes, and it has done so by passing laws that restrict the right to discriminate against certain protected classes of customers. You can't have it both ways--that business owners are free to discriminate whenever they want and that everyone can purchase goods and services that they choose to sell to the public. Nazis are irrelevant, because the freedom to discriminate against them remains untouched by the law. So please stop bringing them up as if they were relevant. Nobody disagrees with your point about "warring principles".


What I think will happen in the not so distant future is that the conceit of protected classes will be chipped away at and disappear.

In an ideal society, there would be no need for protected classes because no one would discriminate unfairly against anyone else. We obviously are not there yet—and may never be. But I think that just as some people view affirmative action ( recently ruled against) as unfair, plenty of people will argue that it is unfair to force someone to create or express ideas or sentiments which are repugnant to them.

The phrase I put in boldface above--I would change it to "and obviously will never be..." There will never be a human civilization where everybody always gets what they want or gets treated fairly. The 14th amendment exists to guarantee everyone equal treatment, and protected classes have arisen to move us closer to that "ideal society" that you want. Ideally, we would like it to be second nature that we all see each other as equal, but that won't happen if we just pretend that discrimination has gone away. That pretense is what the current majority on the Supreme Court has been using to overturn laws that were implemented to carry out the goal of the 14th amendment. Roberts keeps saying that racial discrimination has essentially faded away, even though we see strong evidence that it is resurgent--especially after several of his decisions.


...
I am vehemently against discriminating against people because of their race, religions, sex, gender, if they are gay/trans, marital status, whether it not they have children or are pregnant, whether or not they have disabilities and I know I’m forgetting something but you get the idea.

I know that about you, Toni, and I have never believed otherwise. We are all vehemently against discrimination. Those of us arguing against your position do so because we believe, like the three dissenters on SCOTUS, that using free speech to justify denying services to protected groups will harm the goal of the 14th amendment--to ensure that all citizens enjoy the same protections under the law. Until now, businesses that violated those laws were penalized. Now there has been a radical weakening of antidiscrimination laws.


I am also vehemently against forcing anyone to create something that expresses or supports something they find repugnant.

It turns out that the law doesn't force anyone to do that unless they choose to sell goods and services to the public and want to deny those goods and services to certain protected classes. Outside of a business enterprise, they can be as creatively objectionable as they want, as long as they do it legally. Businesses rely on publicly-funded services and infrastructure to operate, so they are legally obliged to comply with antidiscrimination laws. Private clubs that do not offer goods and services to the general public, are allowed to discriminate.


It’s really easy to support someone refusing to create a wedding website for a Nazi themed wedding or for some child marriage. Because we agree that those are repugnant and we’d likely outlaw at least child marriage if we could and perhaps Nazis as well.

It’s harder to see where something is unjust if we disagree with the refusal. Especially if we not only disagree with the refusal but find the request to be repugnant. But I believe that the principle is the same.

I know that no one else agrees with me and that I am not going to change any minds.

I think this will be my last post on the subject.

Fair enough, but people have been defending your position here, so you are not alone. Those of us who disagree are just exercising our freedom to express our opinions. Even Supreme Court justices disagree passionately with each other on this issue.
Selling goods and services is not the same thing as creating something specifically for someone.

Selling a template fir a website: take all customers.

Create a website specific for one person/ couple or group? That involves YOUR free speech and you cannot be compelled to express ideas or sentiments that you find repugnant.
I've been pondering web design as speech and am having trouble accepting it when you are designing to someone else's specs. I've never looked at a website and thought that the web designer endorsed the content any more than I think the mortgage company endorses our unmarried childless co-habiting of the house for which we borrowed the money so that we could live in sin. Where the line is drawn is always a thing to consider thoughtfully but I have supreme trouble with this case because I do not see it as a good faith challenge to a rule that actually impinged 1st Amendment Rights. I view this more in line with the Dorr's motivations in their No-Compromise gun movement where they are using 2nd Amendment "freedom" arguments as a trojan horse to weaken regulations that would stop them forming local and state Rushdoony style theocracies.
 
Excellent point. Let's preemptively address a potential misconception here that real estate agents don't employ creativity in their line of work. They absolutely do. It's through their ingenious methods that they uncover properties aligning perfectly with your specifications. They don't just stop at finding you a property, they also artfully negotiate on your behalf, ensuring you get the best deal possible. They are instrumental in closing the deal, a process that often requires innovative problem-solving and strategic thinking.

In light of this, one might argue that just as an artist may refuse a commission based on personal beliefs or principles, a real estate agent, too, could conceivably decline to offer their services due to religious convictions.
 
NEWS FLASH!!

  • Genesis 9:18-27: This passage tells the story of Noah's curse on Ham, one of his sons. The curse says that Ham's descendants will be slaves to Noah's other sons. This passage has been used to justify slavery and racism.
  • Leviticus 18:22: This passage prohibits male same-sex sexual relations. This passage has been used to justify discrimination against LGBTQ+ people.
  • 1 Timothy 2:11-12: This passage says that women should not teach or have authority over men. This passage has been used to justify discrimination against women in leadership roles.

That's what they want. I'm not even going to touch on what other religious groups want at this time because they aren't operating at the SCOTUS level (yet)

Luke 5:
36 He told them this parable: “No one tears a piece out of a new garment to patch an old one. Otherwise, they will have torn the new garment, and the patch from the new will not match the old. 37 And no one pours new wine into old wineskins. Otherwise, the new wine will burst the skins; the wine will run out and the wineskins will be ruined. 38 No, new wine must be poured into new wineskins.
 
Free speech must be free even when it is repugnant.
For the umpteenth time, anti-discrimination laws do not prohibit free speech.

The anti-discrimination laws that were in place for the last 80 years did not suppress free speech. Bigotry has been alive and well and expressed freely during that time.
Free speech is under serious attack with the newly revived pastime of banning books, forbidding medics professionals from counseling their patients, forbidding teachers from saying gay or teaching actual history, not the aptly described white washed version.
And who's doing this? The right. The same right that just radically altered our anti-discrimination laws.
Compelling someone to create/express something which they find repugnant is a violation of free speech.
 
Imagine a gay couple approaches the minister or priest of a denomination which is known to oppose gay marriage and asks that clergy member to conduct their wedding.
No church in the US has ever been required to marry a gay couple. Organized religion tends to get a lot of exemptions. The church can still deny women entry into the priesthood, for another example. Wall of separation, and all that.
Does anyone believe that the priest or minister should be compelled to perform the wedding ceremony?
No. As far as I'm concerned, the more people the church alienates, the better.
What is the difference between a minister and a web designer being compelled to celebrate the wedding of a gay couple?
 
Based on how our nation is set up, a Church isn't a business, and works under a different set of rules. Or in another way, "religion is a church's business".

You are ultimately asking the wrong question. You are stuck in compelled speech, when the question becomes what is the limit of implied speech, as Emily Lake noted. The BS argument here is that of "expression". How is making a custom cake an implied speech or expression on a position where as the act of selling a hand made cake isn't? This is a bogus demarcation. A cake shop that sells a wedding cake for a gay wedding can, in whatever alt-right sphere, be considered condoning and supporting gay marriage. This is the slippery slope. This is the camel's nose.

You don't want people to be compelled to speech they fundamentally disagree with... but the issue here is "what is legitimate expression" or "implied expression" and what are the creative limits that can be placed on them,
 
Based on how our nation is set up, a Church isn't a business, and works under a different set of rules. Or in another way, "religion is a church's business".

You are ultimately asking the wrong question. You are stuck in compelled speech, when the question becomes what is the limit of implied speech, as Emily Lake noted. The BS argument here is that of "expression". How is making a custom cake an implied speech or expression on a position where as the act of selling a hand made cake isn't? This is a bogus demarcation. A cake shop that sells a wedding cake for a gay wedding can, in whatever alt-right sphere, be considered condoning and supporting gay marriage. This is the slippery slope. This is the camel's nose.

You don't want people to be compelled to speech they fundamentally disagree with... but the issue here is "what is legitimate expression" or "implied expression" and what are the creative limits that can be placed on them,
I agree that the limit is what is legitimate expression or implied impression and what creative limits can be placed on them.

We just disagree on which side it falls.

Note: I have refused to create things that I disagreed with--in this case both artistic direction and thematically. Perhaps because too often people have attempted to edit my work in a way that I found repugnant, I am fairly...outspoken about the issue. *No religious issues were involved
 
Imagine a gay couple approaches the minister or priest of a denomination which is known to oppose gay marriage and asks that clergy member to conduct their wedding.
No church in the US has ever been required to marry a gay couple. Organized religion tends to get a lot of exemptions. The church can still deny women entry into the priesthood, for another example. Wall of separation, and all that.
Does anyone believe that the priest or minister should be compelled to perform the wedding ceremony?
No. As far as I'm concerned, the more people the church alienates, the better.
What is the difference between a minister and a web designer being compelled to celebrate the wedding of a gay couple?

The church and its minister are entities engaging in religious speech, which enjoys robust protection under the First Amendment. Conversely, the web designer, before the recent court rulings, operated in the sphere of commercial speech, providing website creation services to clients. Commercial speech is not as stringently safeguarded by the First Amendment as religious speech.

In other words a web designer's advertisment that does not include restrictions on designing websites for same sex marriage up front would be considered misleading commercial speech. However, If they advertised with religious connotations it would have been protected speech.

Under the new interpretation, there's no distinction between the speech of a minister in a church and commercial speech & they didn't have to use a red herring like Nazis to get there. :rolleyes:

Edit: Lets not forget that the web designer's injury was faked.
 
Back
Top Bottom