Gay rights: Can discrimination be legal?

[Behind the Aegis]

A majority of businesses shouldn't be able to refuse to serve gay couples, but 'expressive professions' may deserve an exception.

Marriage between members of the same sex, a once radical idea, is increasingly accepted even where it hasn't been enshrined in law. But a significant number of Americans continue to object to gay marriage as a matter of religious conviction. Should they be able to act on their beliefs by refusing to do business with gay couples?

In the vast majority of cases, the answer must be no. The owners of restaurants, hotels and other public accommodations shouldn't be able to refuse to serve gay couples, married or not, any more than they should be able to deny service to interracial couples or those from different religions. But the situation may be different for providers of services whose work involves the creation or communication of a message.

Elaine Huguenin, a wedding photographer, has asked the U.S. Supreme Court to overturn a ruling by New Mexico's highest court that she was required by a state public-accommodations law to take pictures of a female couple's "commitment ceremony." Last week, a judge in Colorado ruled against a baker who had refused to supply a gay couple with a cake for their wedding reception.

Although religious scruples were at issue in both cases, the issue is primarily one of free speech. The 1st Amendment protects not only the right to express one's own views but also a right not to be compelled to convey someone else's.

more: http://www.latimes.com/opinion/editorials/la-ed-weddings-20131212,0,1776466.story#ixzz2nKo3tLBv

[hr]

I am not sure I am liking this argument at all.

[Deep13]

1. Economic discrimination ought not be legal.

Doing business with the public and talking are not the same thing.

[MNBrewer]

2. All businesses that wish to discriminate regarding marriage equality should be required

to post a large sign next to their entrance stating that "This business discriminates against same sex couples and refuses to do business with them." Similar text should be mandated in all print, radio and online advertising.

That way WE can know they don't want our business and our supportive allies can know where not to shop.

[MNBrewer]

3. The example of the Democratic speechwriter is spurious

"No one would dream of requiring a Democratic speechwriter to work for a Republican politician."

1. The speechwriter hasn't put themselves into the general market as a speechwriter.

2. While speeches do have viewpoints, those viewpoints are assumed to be those of the speech giver, as the writer is often anonymous.

3. A cake is not a speech. A photo album is not a speech.

[Amimnoch]

4. IF the business can demonstrate complete piety, then sure.

First, any business who wishes to do so should have to claim their religious affiliation officially.

Second, they must be able to positively demonstrate complete piety and adherence to their professed religion as a basis.

For example, a company/business that claims Christian adherence as their reason for bigotry should have to prove:

They do not hire, or provide services or sales to people who are divorced, and take positive steps to determine the divorce status of employees and customers. There are more passages about that in the bible than there are passages about us.

For employees and customers that are not married, they must be virgins.

Any employee who commits adultery is instantly fired, before they are stoned.

Any employee or customer that uses doctors/medical treatment in lieu of using the prayer of the elders of the church to heal should also be barred from such establishments.

Any employee's, managers, or owner who lives with any obvious signs of wealth must be fired, or removed from the business.

Any employee/owner/ or customer who looks at anyone with lust must gouge out their good eye.

Any employee/owner/ or customer who commits sin by using their hands, must cut it off.

Any store employee or the store itself which is robbed, or had other crime done on them must never press charges, and must turn the other cheek (The pious christians should give up there guns as well, since their sacred doctrine states they should not defend themselves).

No employee, owner, or customer may have a bank account where they store money.

No employee, owner, or customer may take actions where they plan for the future.

So, business who professes their Christianity as a reason for bigotry, they should have the legal right to their first amendment rights of religion IF they can demonstrate equal dedication to all of their faith as well, and not just select the passages that they want to follow to be bigoted. BTW.. all of the above is from the NEW TESTAMENT, so they can't fall back on the old "Jesus absolved us from the requirements of the old testament".

[Old Union Guy]

5. Discrimination is legal, except where there is a specific law against it.

The default is it's legal.