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Of course they are protected classes! Why do you think we allow neo Nazis to march through Jewish neighborhoods?
We allow them to do this because the Government is required to have a compelling interest in support of any denial of the neo Nazis' first amendment right to freedom of expression.
Likewise, and even moreso, I expect that the Government should have a very compelling reason to deny the Oregon bakers' right to the free exercise of their religious beliefs.
Because of the First Amendment's right to assembly, which has precisely nothing at all to do with protected classes.
For someone going on and on about the Constitution, you certainly know remarkably little about it.
Here, read the decision in National Socialist Party of America v. Village of Skokie (1977), the classic Supreme Court case concerning white supremacists marching through Jewish communities, of which you are apparently vaguely aware though utterly ignorant of the relevant caselaw. NATIONAL SOCIALIST PARTY v. SKOKIE | FindLaw
Because of the First Amendment's right to assembly, which has precisely nothing at all to do with protected classes.
For someone going on and on about the Constitution, you certainly know remarkably little about it.
Here, read the decision in National Socialist Party of America v. Village of Skokie (1977), the classic Supreme Court case concerning white supremacists marching through Jewish communities, of which you are apparently vaguely aware though utterly ignorant of the relevant caselaw. NATIONAL SOCIALIST PARTY v. SKOKIE | FindLaw
Hint - you won't find 'political affiliation' or 'ideology' anywhere in there.
Good luck... though I'm not holding my breath that you'll even bother.
I'm well aware of and understand that case.
I'm simply stating, reiterating actually, that the Constitution and First Amendment therein trumps (well, it is supposed to) all other law.
I don't care whether you think somebody is or is not a member of a protected class. The Constitution protects ALL of us. Thus, we are ALL members of a protected class in terms of the liberties secured and protected by the Constitution.
OK. Its late here. I'm off to bed.
You can keep arguing, though, to limit the liberties secured in our Constitution. Nothing I can do to stop you, there!
Have a good day. Hope you don't lose any of your liberties!
I'm simply stating, reiterating actually, that the Constitution and First Amendment therein trumps (well, it is supposed to) all other law.
I don't care whether you think somebody is or is not a member of a protected class. The Constitution protects ALL of us. Thus, we are ALL members of a protected class in terms of the liberties secured and protected by the Constitution.
OK. Its late here. I'm off to bed.
You can keep arguing, though, to limit the liberties secured in our Constitution. Nothing I can do to stop you, there!
Have a good day. Hope you don't lose any of your liberties!
The first amendment does not trump all other law. Anyone can claim anything is a "religious belief". I could claim that hanging kittens is my religious belief, but I will still go to jail for animal abuse. People have claimed that marrying children is a religious belief, but they will still go to jail for child abuse if they do so.
The first amendment freedom of religion is not an absolute.
The line of thinking, at least by the left here, seems to be that if there can be any limits at all to what is considered protected behavior due to religious belief, then there is absolutely no limit on what the government can declare to be an exception to someone's religious freedom. If you cannot torture puppies and rape homeless people in the name of your God, then essentially the part of the first amendment that pertains to freedom of religious expression is completely null and void. If the logic stands in regards to the 1st amendment it must stand for the rest of them as well. Either absolutely zero exceptions under any circumstances, or absolutely everything is an exception in all circumstances. Seems like the constitution really is irrelevant after all, so why bother arguing on its behalf?
The Constitution prevails over any State law/statute.
Well, that's not really the issue, is it?
The bakers were not refusing to sell the cake to the couple due to the couples' race, religion, sex or sexual orientation. In fact, the bakers had previously sold cakes to gay/lesbian persons.
The couple was instead exercising their religious belief that same sex marriage is wrong and thus declining to participate in the SSM wedding celebration.
Balance of Rights. Compelling Interest.
Though I see the point you make in distinguishing between discrimination against a person because of sexual orientation vs refusing to serve a marriage, I don't think any administrative agency or court has upheld that distinction.
The same holds for relying on the Constitution to protect the bakers or other business owners. The push for and backlash against Religious Freedom Restoration laws is because you view of the 1st Amendment has lost.
But, we cannot, IMO, correctly characterize the bakers' refusal to bake a cake as discrimination against a protected class of persons.
Well the triers of fact didn't have a problem characterizing the baker's actions, so until the decision is overturned I'll leave it as have been a discriminatory act and violation of law.
ALL of us are protected by the US Constitution and the First Amendment.
The bakers bake and sell wedding cakes to the general public, which makes it illegal for them to discriminate against a protected class.
Is that concept REALLY that hard to grasp??
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