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Old 04-02-2015, 08:55 AM
 
Location: Home is Where You Park It
23,856 posts, read 13,770,925 times
Reputation: 15482

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Quote:
Originally Posted by OICU812 View Post
I think any business owner should have some measure of control over what services a prospective customer might ask him to perform.

A business owner is not a slave to the any whims and notions of any customer who walks in the door.

There must be a the line that a person as a business owner can refuse to cross.
There is. If you sell car parts, you sell to anyone with the money who walks in the door. If someone wants a car part that you don't stock, you can order it for them or not, no one can force you to special order it. And you can't be forced to special order ladies' socks either.

See? Pretty simple.
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Old 04-02-2015, 09:10 AM
 
Location: the very edge of the continent
89,061 posts, read 44,895,573 times
Reputation: 13718
Quote:
Originally Posted by Bulldogdad View Post
Private businesses should be allowed the FREEDOM to refuse service to anyone they choose.
Have to agree. I'm not comfortable with a rewrite of the bill that would force private sector business owners to violate their religious beliefs. That's very likely unconstitutional.

That said, if people wish to boycott a business that refuses to serve gays, have at it. That's a Constitutional right, too. I would boycott that business, but taking away the business owner's Constitutional right to exercise their religion is unacceptable.

First Amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Refusing someone service on the grounds that doing so violates the exercising of one's religion is in fact a Constitutional right.
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Old 04-02-2015, 09:22 AM
 
19,573 posts, read 8,532,119 times
Reputation: 10096
Quote:
Originally Posted by InformedConsent View Post
Have to agree. I'm not comfortable with a rewrite of the bill that would force private sector business owners to violate their religious beliefs. That's very likely unconstitutional.

That said, if people wish to boycott a business that refuses to serve gays, have at it. That's a Constitutional right, too. I would boycott that business, but taking away the business owner's Constitutional right to exercise their religion is unacceptable.

First Amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Refusing someone service on the grounds that doing so violates the exercising of one's religion is in fact a Constitutional right.
Then it should put you at ease to find out that this bill does not do that. There are no religions that I am aware of that promote discriminating against people in the marketplace because of their sexual orientation, so this clarification really has no bearing on any persons legitimate exercise of their religion.

At the same time, the issue with the religious bakers was not discrimination based on a person's sexual orientation. These bakers would be happy to sell a birthday cake to these same homosexuals, so that establishes that the discrimination is not based on sexual orientation.

Rather, the bakers are unwilling to commemorate a ceremony that they find religiously offensive. That is not an issue that is addressed or restricted in the clarification of Indiana's law, nor would it pass constitutional muster if it was included.

So you can rest easy. This is going to be a big win for the Republicans once everyone comes to understand what has actually happened here.
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Old 04-02-2015, 09:27 AM
bUU
 
Location: Florida
12,074 posts, read 10,715,693 times
Reputation: 8798
Quote:
Originally Posted by mm4 View Post
Quote:
You continue to ignore that a person's personal spiritual convictions don't justify marginalizing people they encounter in the public arena.
They're private enterprises
There is nothing private when you hang a sign saying "Open" on the door. To make something private, you have to post a sign "No Trespassers" or at the very least not invite the public in to do business with you.

You're talking about using a person's personal spiritual convictions to justify marginalizing people they encounter in the public arena. That's not only morally wrong (based on the most universal of ethics) but is also unconstitutional.
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Old 04-02-2015, 09:30 AM
 
Location: Middle of nowhere
24,260 posts, read 14,225,485 times
Reputation: 9895
Quote:
Originally Posted by Spartacus713 View Post
Then it should put you at ease to find out that this bill does not do that. There are no religions that I am aware of that promote discriminating against people in the marketplace because of their sexual orientation, so this clarification really has no bearing on any persons legitimate exercise of their religion.

At the same time, the issue with the religious bakers was not discrimination based on a person's sexual orientation. These bakers would be happy to sell a birthday cake to these same homosexuals, so that establishes that the discrimination is not based on sexual orientation.

Rather, the bakers are unwilling to commemorate a ceremony that they find religiously offensive. That is not an issue that is addressed or restricted in the clarification of Indiana's law, nor would it pass constitutional muster if it was included.

So you can rest easy. This is going to be a big win for the Republicans once everyone comes to understand what has actually happened here.
Actually it is addressed. The revision says the the RFRA can not be used as an excuse to deny GOODS, or SERVICES to anyone on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service;

Wedding cakes are goods.
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Old 04-02-2015, 09:39 AM
 
Location: the very edge of the continent
89,061 posts, read 44,895,573 times
Reputation: 13718
Quote:
Originally Posted by Spartacus713 View Post
Then it should put you at ease to find out that this bill does not do that. There are no religions that I am aware of that promote discriminating against people in the marketplace because of their sexual orientation
There definitely are religions that prohibit same-sex marriage:

Where Christian churches, other religions stand on gay marriage | Pew Research Center

A law that forces a private sector business owner to provide goods or services for a same-sex wedding ceremony is a violation of one's First Amendment right to the freedom to exercise one's religion.
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Old 04-02-2015, 09:41 AM
 
Location: the very edge of the continent
89,061 posts, read 44,895,573 times
Reputation: 13718
Quote:
Originally Posted by jjrose View Post
Actually it is addressed. The revision says the the RFRA can not be used as an excuse to deny GOODS, or SERVICES to anyone on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service;

Wedding cakes are goods.
Yep. The rewrite is unconstitutional in regards to goods or services for same-sex marriage ceremonies.
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Old 04-02-2015, 09:43 AM
 
11,411 posts, read 7,817,917 times
Reputation: 21923
Quote:
Originally Posted by InformedConsent View Post
There definitely are religions that prohibit same-sex marriage:

Where Christian churches, other religions stand on gay marriage | Pew Research Center

A law that forces a private sector business owner to provide goods or services for a same-sex wedding ceremony is a violation of one's First Amendment right to the freedom to exercise one's religion.
And those same religions prohibit divorce, tattoos, eating shellfish and a myriad of other "sins". Why no refusal of service for those reasons?
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Old 04-02-2015, 09:44 AM
 
1,438 posts, read 780,329 times
Reputation: 1732
Don't believe for a second that Pence has had a change of heart. He a had a strong anti-gay voting record in Congress and even voting again the repeal of Don't Ask Don't Tell in 2011(!) for God sake.
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Old 04-02-2015, 09:45 AM
 
Location: Sonoran Desert
39,086 posts, read 51,273,483 times
Reputation: 28333
Quote:
Originally Posted by UNC4Me View Post
And those same religions prohibit divorce, tattoos, eating shellfish and a myriad of other "sins". Why no refusal of service for those reasons?
Fortunately the revisions to the law will still allow refusal of service to those who eat shellfish.
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