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Old 12-06-2017, 08:13 AM
 
Location: Where the heart is...
4,927 posts, read 5,310,736 times
Reputation: 10674

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Quote:
Originally Posted by Goodnight View Post
He served gay customers but he refused to make a cake.
Quote:
Originally Posted by HomeIsWhere... View Post
From the Washington Post Article...

Phillips said he doesn’t create wedding cakes for same-sex couples because it would violate his religious beliefs.
Quote:
Originally Posted by jjrose View Post
And the law in Colorado says that if you choose to offer a good or service you can not discriminate based on sexual orientation. He chose to offer the service of custom wedding cakes, he broke the law by refusing a couple based on their sexual orientation.

Maurice Bessinger said that he would not allow blacks inside his restaurant, but would serve them from a pick up window, based on his religious beliefs. The court said that won't fly.
Hey jj, hon 'I don't have a dog in this fight' one way or the other. I was merely responding to the post by Goodnight, who stated that the baker refused to make 'a cake', wherein I pointed out that the baker (per the Washington Post article) stated he doesn't create 'wedding cakes'...blah, blah, blah!

Stay calm and carry on!
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Old 12-06-2017, 08:13 AM
 
Location: Austin
15,625 posts, read 10,380,316 times
Reputation: 19509
Quote:
Originally Posted by TEPLimey View Post
I must have missed the part where Neo-Nazis were a protected class under any State or Federal statute.

There are a lot of self-appointed Constitutional scholars with extremely strong opinions posting on this board that have neither any formal legal training nor any real understanding of the interplay between Constitutional, Federal and State Law. But carry on in your echo chamber.
I'm not a lawyer. Just thinking this through with my limited knowledge. the question seems to revolve around the question of what is free speech and not who is a protected class under state or federal statutes.

The justices seemed to disagree about whether or not creating a custom service is speech. And if it is, where's the line? thus my examples above.

That was the main issue of the questioning yesterday, at least from my layman's perspective, from reading the transcript.
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Old 12-06-2017, 08:14 AM
 
Location: Middle of nowhere
24,260 posts, read 14,197,584 times
Reputation: 9895
Quote:
Originally Posted by InformedConsent View Post
Not when he elevated state/local law over Constitutional Rights. That's unConstitutional, according to the Supremacy Clause.
Like I said, maybe you should write to the supreme court and share your Constitutional knowledge. I'm sure they would love to hear your input.
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Old 12-06-2017, 08:14 AM
 
9,254 posts, read 3,582,768 times
Reputation: 4852
Quote:
Originally Posted by texan2yankee View Post
I'm not a lawyer. Just thinking this through with my limited knowledge. the question seems to revolve around the question of what is free speech not who is a protected class under state or federal statutes.
Well that is where you are completely wrong. At least we have identified the source of the problem.
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Old 12-06-2017, 08:15 AM
 
Location: Middle of nowhere
24,260 posts, read 14,197,584 times
Reputation: 9895
Quote:
Originally Posted by finalmove View Post
Funny. Some are predisposed to shoplifting but can work to overcome the perverse behavior.
If you feel that your sexual orientation is a perverse behavior, you can work on that if you so choose.
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Old 12-06-2017, 08:16 AM
 
Location: Middle of nowhere
24,260 posts, read 14,197,584 times
Reputation: 9895
Quote:
Originally Posted by texan2yankee View Post
this case seems to be about whether the government can compel someone to create speech they disagree with, not discriminate against people. Anti-discrimination laws protect people not events. the baker's lawyer said the baker did not refuse to create a cake for a gay customer, only a custom cake for a same-sex wedding.

should a jewish baker be able to refuse to create a custom cake for a Neo-Nazi rally?

should a gay singer be able to refuse to perform a concert at the westboro Baptist church?
What speech was the baker asked to create? The design of the cake was never discussed, so it wasn't anything to do with the decorations.
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Old 12-06-2017, 08:17 AM
 
Location: Austin
15,625 posts, read 10,380,316 times
Reputation: 19509
Quote:
Originally Posted by TEPLimey View Post
Well that is where you are completely wrong. At least we have identified the source of the problem.
perhaps I am wrong and perhaps you are wrong. the ruling in the spring by the scotus will decide. not you or me.
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Old 12-06-2017, 08:19 AM
 
9,254 posts, read 3,582,768 times
Reputation: 4852
Quote:
Originally Posted by texan2yankee View Post
perhaps I am wrong and perhaps you are wrong. the ruling in the spring by the scotus will decide. not you or me.
No, I am definitely not wrong that a baker can refuse to provide a cake to Neo-Nazis because Neo-Nazis are not a protected class.
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Old 12-06-2017, 08:21 AM
 
9,727 posts, read 9,724,250 times
Reputation: 6407
Quote:
Originally Posted by bawac34618 View Post
I agree with this. It's absolutely mindnumbing how much hatred there is for the LGBT community, especially here in the Deep South. I can easily see "No Gays" becoming a very common thing here if the ruling isn't narrow enough.
What does a "gay" look like? Is there some designation on their ID?
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Old 12-06-2017, 08:21 AM
 
Location: Middle of nowhere
24,260 posts, read 14,197,584 times
Reputation: 9895
Quote:
Originally Posted by texan2yankee View Post
I'm not a lawyer. Just thinking this through with my limited knowledge. the question seems to revolve around the question of what is free speech and not who is a protected class under state or federal statutes.

The justices seemed to disagree about whether or not creating a custom service is speech. And if it is, where's the line? thus my examples above.

That was the main issue of the questioning yesterday, at least from my layman's perspective, from reading the transcript.
I agree. It seems like it will come down to what is speech, and whose speech it is. If I have a baker write "get well soon" on a cake is he the one telling my friend to get well soon or am I telling them to get well soon? If a couple orders a white 3 tier cake with sugar flowers what is the speech expressed by that cake? Doe s a chocolate cake with blue icing say something different than a lemon cake with green icing?

I could agree if there were actual word or pictures involved, but there was no discussion of the design of this particular cake according to the original court docs.
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