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Should bakers be forced to make gender transition celebration cakes?

KeepTalking said:
His previous history having discriminated against a gay couple ordering a cake marks him as a bigot. A religious bigot, but a bigot nonetheless.
When did he do that?
It seems to me he refused to bake a same-sex wedding cake, rather than discriminate against a gay couple. This seems to be about what messages he chooses not to endorse, not what people he chooses not to serve.

KeepTalking said:
His particular bigotry seems to extend to both gays and transgenders. As a result I think it is reasonable to assume that he is being bigoted in this case, and I believe that to be the case.
Whether he is a bigot and whether he is discriminating against a type of customer rather than refuse to endorse a type of message (even if out of bigotry) are very different things. He seems to be doing the latter, not the former.

KeepTalking said:
I believe that he is refusing to bake the cake because he is bigoted against transgenders.

That is unclear. Do you think he would not refuse to bake a gender transition cake if the customer who ordered had not been transgender? Or that he would have refused to bake a birthday cake to a transgender person? I don't see any good reason to believe that the answer to either question is affirmative. His motivation seems to be indeed disaproval of transition ceremonies, and also same-sex weddings, which he refuses to endorse, rather than disapproval of gay or transgender customers, refusing to serve them.

KeepTalking said:
I believe that he should be forced to not illegally discriminate against his customers when baking cakes as a publicly licensed baker.
But he is forced to either be a publicly licensed baker (or perhaps to be a baker in a church if available) or to stop baking cakes. He is not allowed to just sell cakes as he pleases.

(also, I do not think what he's doing is illegal, because an unconstitutional law is not a law in the relevant sense, and I think this one is unconstitutional; at least, enforcement clearly is as it is viewpoint-based).

KeepTalking said:
He should either bake the cake like he would for anyone else, have another employee bake the cake if that is an option, or shutter his business.
But his behavior indicates he would very probably not bake the gender transition cake for a non-trans customer, either. It's a message he objects to sending, very probably, rather than a customer he refuses to serve.
 
people need food. People celebrate occasions. When someone who celebrates an occasion one who provides food should provide appropriate food. Providing food is not taking a position relative to what one the one for which the food was made is celebrating. You're preparing a cake for a person who desires to celebrate. You aren't supporting or hating anything. Its a cake that you can and do bake for sale. Do it. They/them won't mind since they didn't invite you to the event.
 
Yes, and as a result you should know how insulting it is to characterize other atheists as being religious about things.
Well, people like to think of themselves as rational. Atheists in particular like to think of ourselves as more rational than average -- some of us even go so far as to propose that other people ought to call us "Brights" -- and the constant exhibition of irrationality by the theists around us only encourages us to persist in looking down on others and imagining our status as nontheists means we're superior life forms. But being treated by others as rational is earned, not awarded based on which box you check on one question of metaphysics. Not all religions are theistic. If you think religiously then you're religious whether what you think religiously about is God or something else. When there are parallels between your thought processes and Christianity, and you have a problem with the parallels being pointed out but you don't have a problem with the parallels existing, that's on you.

No, that isn't reasonable.

Oh it's not? Well, here is the quote to which you were responding initially:

Yes, everyone who sticks around is subject to and agrees to the laws of the land.

Seems pretty reasonable that you two were talking about being subject to the laws of the land to me.
Um, Gospel made two claims in that sentence you quoted, and I launched into a diatribe about his second claim and didn't say a word about his first claim, and that made it seem pretty reasonable to you to infer that I was talking about his first claim. Lovely.

You do get that I was making a joke, right?
Okay, never mind. [/Emily Litella]

So you say. Got any evidence?

Yes, the fact that they have not espoused the words you attribute to them, or anything remotely similar. If you have any evidence that they have articulated such ideas, then you should probably show those actual words, rather than quoting Arnold Schwarzenegger in his role as Conan.
Come again? I didn't attribute those words to them or claim they articulated such ideas. I attributed that mentality to them. People do not articulate their entire mentalities in words.

Please note that I explicitly noted that you attributed that mentality to them.
Dude! Your exact sentence is still right there in the quote chain! You didn't explicitly note that I attributed that mentality to them; you explicitly opined that I attributed those "words" to them.

So, since I didn't spell it out to you before, expecting you to have read my post for comprehension,
Oh, come off it. Your counterargument made no sense as a challenge to an attribution of a mentality; it only makes sense as a challenge to an attribution of "words" and a claim of "articulation".

allow me to rephrase:

Do you have any evidence that the mentality you attribute to them is anything but your own uninformed opinion?
Yes: the poor quality of the proposed alternative explanations.

... Scardina did not want a cake; she wanted a lawsuit. Scardina's explanation of her reasons for asking for a cake is therefore not pertinent to explaining the reasons of customers who really do want one.

As I have repeatedly pointed out upthread, I don't care if Scardina actually wanted a cake or not. Phillips would have acted no differently in either situation. So what if he fell into her (not so) cleverly laid trap? If he was not violating the law, and being a bigot to his transgender customers he would not have been sued. This kind of thing happens in law enforcement all the time, where it is referred to as a "sting operation".
Have you forgotten what we're arguing about? We're not arguing about whether Phillips is a bigot who deserves to be sued. We're arguing about whether Scardina's reason for asking for a cake qualifies as an answer to my challenge.

You aren't addressing the question I asked.

Perhaps I misunderstood the question, can you point out what question you were asking again?
Dude! You quoted it back to me! It's literally the very next words in your own post!

nd if you have a psychological theory that's a plausible alternative to the "they want to inflict suffering on the baker" theory for explaining why people would genuinely want a cake they've given the baker a reason to spit in, feel free to share that too.
...
You don't have to care if Scardina actually wanted a cake or not, but come on man, if you can't figure out why information about a person who doesn't actually want a cake doesn't provide any information about the motivations of people who do want a cake, keep trying.

A person ordering a cake for a celebration is often excited enough to mention what the celebration is about without even thinking about it. So, Just like I might call a baker and say "I would like to order a cake for my son's birthday" a transgender might call a baker and say "I would like to order a cake for my transgender celebration party" without even thinking about it.
Well, sure, that's entirely likely; but that's not a cake she's given the baker a reason to spit in. That's a cake she's given the baker a reason not to make. The baker says he's not willing to make a cake for that sort of party, so the customer calls him a jerk, walks out, and takes her business to someone nicer. The baker doesn't have a reason to make a cake and spit in it unless the customer pulls a power play and threatens to have the bakery shut down. You're still not addressing the question I asked.

Please ask it again, as I have no idea what you are on about now. I'm not sure why you have all of the sudden decided to bring up this thing about reasons to spit in a cake versus reasons to not make a cake,
Huh? The former reasons are on-topic; the latter reasons are ones you brought up because you keep missing the point. Nothing sudden about it -- I've been consistent on this all along -- but you just keep offering non-answers to my challenge. We got into this because you didn't approve of my answer to Ruth; she's the one who brought up "what some people do when they are forced to serve people they either don’t like or find offensive in some way. Those of you who have worked in food service know what I am talking about." Well, when you're giving somebody a reason not to make a cake, he has not yet been forced to serve a person he finds offensive.

when they are the same damn reasons with the added step of the baker going ahead and making the damn cake and spitting in it while doing so in the case of the former.
If you believe that then you are not good at putting yourself in other people's shoes. No, they are not the same reasons at all. If somebody asks you for a service and you turn him down, he hasn't hurt you. You both just walk away from yet another of the million potential bargains that never develop into actual bargains. That's a completely different situation from turning him down and then relenting and doing the service for him because he threatens you. Do you live in some ivory tower where you're isolated from interaction with normal human beings, that you could fail to grasp the enormity of that escalation?

Once again, I don't care what you think, I have offered multiple theories in this very long thread, as have others, as well as Scardina being quoted in her own words as to her thought process. You still cling to your pet theory. You still refer to other atheists as being religious in their thinking.
Well, your two theories discussed above are every bit as illogical as Christianity. Deal with it.

My singular pet theory still seems more probable to me for the reason stated, but there's a chance you're right.

Your pet theory seems the least probable to me, as it ascribes the worst motives to transgenders in situations where they have had enough of bigotry and decide to push back all the way to the courts.
Are you familiar with the legal term "specific performance"? This is America, where involuntary servitude is illegal; our courts are not in the business of ordering people to perform personal services for other people. When a transgendered person has had enough of bigotry and decides to push back all the way to the courts, it's gone beyond cakes. She's not asking the court for a cake; she's asking the court to award monetary damages; or else the bureaucrats have yanked his license and he's sued them and she's asking the court to decline to order them to reinstate his license. When he isn't willing to make a cake, the only way she's getting a cake out of this is if she takes her business elsewhere, or if she threatens to have his license yanked and he knuckles under and makes her a cake so she doesn't push back all the way to the courts. So yet again you're illogically presenting a scenario that doesn't match the situation Ruth asked about.

But at least you are willing to allow a chance of one alternative being right. That is at least a somewhat reasonable stance.
You're one for four on your proposals actually addressing the issue that was actually raised. That is at least a somewhat reasonable stance. :)
 
It was always a comment about a message a certain group would reasonably want.

If you exclude a message ONLY a specific group would want you specifically exclude that group.

No adult is fooled and thinks you only oppose the message but are not first opposed to the people.
And you're okay with excluding a message ONLY Jews would want. So you explicitly exclude the Jews. No adult is fooled and thinks you only oppose the message but are not first opposed to the people.

I take it you're going to argue that asserting that the Jews have a legitimate claim to the West Bank is a message a Jew would not reasonably make, correct?

No. That is still a matter for the UN to decide.

The borders of Israel are only defined in UN Resolutions.

Resolutions Israel ignores and the US provides them cover at the UN.
You talking about Resolution 181? Why wouldn't Israel and the US ignore that resolution, when the UN itself ignores that resolution? It was a proposal, one the General Assembly passed and the Security Council never took up. The borders of Israel are defined in Israeli law. Your opinion that it ought to instead be defined in UN General Assembly Resolutions means you have a political difference of opinion with an awful lot of Jews. It does not mean that by being uppity enough to disagree with you, those Jews are thereby promoting hate and violence and want to kill people.

You know, the Palestinians rejected Resolution 181 too. If a Palestinian asked for a cake saying the West Bank rightfully belongs to the Palestinians, would you say that means he's promoting hate and violence and wants to kill people? Or is it just Jews who you apply that inference to?
 
Holy shit. I'm surprised so many of you fell for the baker's weaselly excuse. It's just plain bullshit trying to find a legal loophole.

No one sees a cake that says "Happy Birthday Tim" and goes "Oh, it's so nice of the baker to wish Tim a happy birthday." Everyone knows the baker doesn't give two shits about Tim. It's even more of a bullshit weasel excuse in the case of the OP because the cake doesn't say anything at all. The baker's a bigot who doesn't like gay and trans people and thinks he found a legal loophole to discriminate. You fell for that bullshit. I thought you folks were smarter than that.

Don't keep your mind so open your brain falls out.
 
The discrimination I want to eliminate is the discrimination in the market place.

People have the right to be free from irrational bigotry in the market place.

In terms of speech I want bigots to be allowed to freely talk about their bigotry.

Forceful and constant speech right in another person's face can be more harassment than speech however.

But the market place includes speech. Imagine someone who makes custom decorated cards. Your arguments would force them to say things they loathe, or lose their job.

That does not follow from what I said.

Some think "Live and let live" means to let the bigots discriminate.

When it means let all be free from ignorant discrimination.

How is that forcing anything beyond letting black people sit at the counter and serving them?
 
That does not follow from what I said.

Some think "Live and let live" means to let the bigots discriminate.

When it means let all be free from ignorant discrimination.

How is that forcing anything beyond letting black people sit at the counter and serving them?

Not to mention that I personally do not oppose expecting someone to make cards they loathe or lose their job, assuming those cards they loathe are loathed for arbitrary and capricious reasons.

Not participating in acts of intimidation, slander, hate or any other thing that would reasonably lead some customer to reasonably fear for their safety for being in the presence thereof is a reasonable and fully acknowledged right.

I would see them to make facilitate messages they loathe or lose their job, assuming that the message they loathe is some aspect of "peace and love for all people", which "peace and love for this trans person on this particular day" is a subset thereof.
 
That does not follow from what I said.

Some think "Live and let live" means to let the bigots discriminate.

When it means let all be free from ignorant discrimination.

How is that forcing anything beyond letting black people sit at the counter and serving them?

Not to mention that I personally do not oppose expecting someone to make cards they loathe or lose their job, assuming those cards they loathe are loathed for arbitrary and capricious reasons.

Not participating in acts of intimidation, slander, hate or any other thing that would reasonably lead some customer to reasonably fear for their safety for being in the presence thereof is a reasonable and fully acknowledged right.

I would see them to make facilitate messages they loathe or lose their job, assuming that the message they loathe is some aspect of "peace and love for all people", which "peace and love for this trans person on this particular day" is a subset thereof.

Those that want to discriminate must justify their discrimination.

If it is just ignorant prejudice they have no grounds.

If they say it is because of religion they must show a specific reference from their religious texts.

If they say it is because of personal morality they must demonstrate the harm.

You can't have immorality without somebody harmed in some way.

It is up to the individual who makes the very difficult decision to go through a transition to say if they are being harmed.

Not some prejudiced ignorant baker.
 
Not to mention that I personally do not oppose expecting someone to make cards they loathe or lose their job, assuming those cards they loathe are loathed for arbitrary and capricious reasons.

Not participating in acts of intimidation, slander, hate or any other thing that would reasonably lead some customer to reasonably fear for their safety for being in the presence thereof is a reasonable and fully acknowledged right.

I would see them to make facilitate messages they loathe or lose their job, assuming that the message they loathe is some aspect of "peace and love for all people", which "peace and love for this trans person on this particular day" is a subset thereof.

Those that want to discriminate must justify their discrimination.

If it is just ignorant prejudice they have no grounds.

If they say it is because of religion they must show a specific reference from their religious texts.

Yeah. I'm just trying to point out "the exact and final line" which I identify as "where justification ends". There is an arbitrary unilateral nature to it. Saying "I won't for you" is invalid for that reason.

If it was "I won't for anyone", that would be a thing. But this is "I won't for you". I will admit that the idea of making wedding cakes and selling what was made as is, that was a great solution to the previous issue. A+. No complaints. It's the best solution for someone who insists on being a hateful fuck.

I don't demand religious justification. I'm a fucking wizard. While there are texts I find sacred, you would find my crazy-person journal less than enlightening on the nature of what I believe or why. Maybe I could point to The Satanic Temple? But that doesn't begin to scratch the surface of it. I mean for fuck sakes I walk around with a staff.

If there's something I claim for religious reasons, it's because I'm being a shade of crazy, and everyone is a shade of crazy. That's what I accept as "religious reasons".

What I don't accept is "shades of crazy" in publicly offered businesses that will offer "I will not for you" for anything less than threats immediately offered through communication of a desired message for rendition.

Also, note, "rendition". I think this is a good term: the creation of some shape of thing within some boundary of requirements. Anything may be rendered but rendition is not messaging. It is rendition. All messaging must be accomplished through rendition. Not all rendition, even of messages, is messaging. I argue that cake making is rendition anonymous to messages.

It is, to me, specifically the act of presenting a message known to be and interpreted as a threat to or from anyone, seen then, in passing, in creation, in social media later, etc as a threat to some person, that might make someone feel threatened in my store. That's the line. The only people I want to feel threatened in my store is those who would threaten others not-so-bilaterally. And no judge would oppose that right.

The problem I see is the baker cannot stand on that ground here. Sucks for him.

Edit: shades of crazy do involve things like wearing silly hats, and having displays out, and having different languages that one expresses in, and which imagined god they bless you of (or none).
 
In your last post to me? Not that I recall. The quotes preserved above certainly do not show that. My comments were with regard to you actually asking for the signed paperwork. I can't help it that you have since decided to move the goalposts. Maybe you should not start out with unreasonable demands, only to change those demands later when you are called out on it.

Okay, recall, “ No, and as unfathomable it may be, it is advisable to not make those assertions about what others’ “job” is and “requirements” for other people when it comes to operating a business without having some tangible, physical evidence, to support those assertions.” That was a reply to you. 2-25, page 129 on Google Chrome/iPhone.

So, when you are asking for "tangible, physical evidence" here, I was not supposed to take it as a further request for the signed document which would be tangible physical evidence?

Uh, sure.

Yeah, since “tangible, physical evidence” is broad, very broad, not the same or identical as to what was originally asked, and can include but not limited to what was originally asked.

Recall, Jarhyn made two factual assertions regarding Phillips’ specific “job” duties and specific “requirements” Phillips had. His remark struck me as metaphysical, like his metaphysical “social compact” comment in this thread.
 
The conditions for him being allowed to do those things, in that way, in that place include "do this thing for the whole community, not just the people you like."

That is fantastic. This is verifiable and falsfiable. So, provide for me the paperwork Phillips signed and included your “do this thing for the whole community, not just the people you like” phrase.

Seriously? This reads to me like you are saying that the argument he puts forward is plausible and reasonable, however, you will not accept it unless you are provided a piece of evidence that a random person on the internet could not be reasonably expected to provide. In short, you make an unreasonable request of another poster on this forum.
Seriously? What language community did you learn English from that taught you to suppose "verifiable and falsifiable" means "plausible and reasonable"? All manner of claims are verifiable and falsifiable but not even remotely plausible or reasonable. "The moon is made of cheese.", for example. Jarhyn's claim was very much in that category. He made an extraordinary claim, and extraordinary claims require extraordinary evidence, so JM very properly challenged him to supply that extraordinary evidence.
 
When an inherent goal of your economic system is that it be free of irrational bigotry and exclusions based on those bigotries certain things are always implied.

Like all exclusions need to be justified.
But being free of irrational bigotry and exclusions based on those bigotries is not an inherent goal of the economic system, and it would be idiotic to have it as a goal, because being free of irrational bigotry and exclusions based on those bigotries is incoherent nonsense.

Consider the case of a prostitute who willingly has sex with men of any and all races, except white men. When she sees a white man she sees an oppressor. She sees the face of the man who owned her great grandmother, and the face of the man who raped her great great grandmother. In her mind, to have sex with a white man is to experience that rape all over again.

So what do you propose to do with her in your idealized economic system that's free of irrational bigotry and exclusions? Are you going to let her continue to exercise her irrational bigotry -- let her continue to exclude white men from her customer set? Or are you going to stop her from irrationally excluding them and let white johns rape her, provided they pay? It hardly needs to be pointed out that if you choose the latter option, that will be you building your own irrational bigotry into the economic system.
 
What you and 🚀 man understands as force is not what the word actually means. And by 🚀 man I mean Bomberman. Y'all might want to revisit what force actually is.
Florida Man Claims Authority Over English Language ;)

I mean if slavery is force (which it is) and the Baker is not a slave... .... (I used Trump dots because maybe y'all understand that) it begs the question what makes it different? Options?
Nope, that's not what makes it different. Everybody has options. "Force" is simply a broader category than "Slave", pretty much like "Mammal" is a broader category than "Whale". There's a short list of criteria for being a slave; being forced is simply one item on the list. If some other item on the list is missing then the person isn't a slave, but that has zero bearing on whether the person is being forced. The other obvious list items are (1) one of the things the person is being forced to do is work (and/or put out); and (2) one of the things the person is being forced to do is stick around. So, for example, if the robber holding you at gunpoint forces you to stick around and let yourself be tied up, in order to force you to not fetch the sheriff, that still doesn't make you a slave, because he isn't making you work.
 
untermensche, first you said:

untermensche said:
If you first discriminate against transsexuals you next discriminate against their reasonable desires.

Some think "Live and let live" means to let the bigots discriminate.

When it means let all be free from ignorant discrimination.

in reply to this post.

That - and some of your other posts - indicate that you take the stance in favor of forcing the baker to bake the cake. But your argument does not seem to contain any exception for words instead of cakes.


untermensche said:
The discrimination I want to eliminate is the discrimination in the market place.

People have the right to be free from irrational bigotry in the market place.

In terms of speech I want bigots to be allowed to freely talk about their bigotry.

Forceful and constant speech right in another person's face can be more harassment than speech however.
Here you talk about discrimination in the market place, and separately allowing bigots to talk about their bigotry, but apparently not in the market place, in which they would not even be allowed to not say some things.

But if I misunderstood, then I'm not sure what you want to do. Could you explain, please?

untermensche said:
How is that forcing anything beyond letting black people sit at the counter and serving them?
Well, for example given your other posts, it's forcing a baker to bake a gender transition party cake.
 
Here you talk about discrimination in the market place, and separately allowing bigots to talk about their bigotry, but apparently not in the market place, in which they would not even be allowed to not say some things.

But if I misunderstood, then I'm not sure what you want to do. Could you explain, please?

A baker refusing to serve somebody is not speech. It is an action.

The baker can say whatever they want.

But refusal of service is not speech.

And in the market place you need a valid reason to do that.

untermensche said:
How is that forcing anything beyond letting black people sit at the counter and serving them?

Well, for example given your other posts, it's forcing a baker to bake a gender transition party cake.

Which is no more than forcing a restaurant to serve dinner to black people.

The message is not the baker's and the discrimination is not justified.
 
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