Freedom of Religion

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Re: Freedom of Religion

Post by Lothar »

Spidey wrote:the difference between a marriage and a wedding
http://openordination.org/state_faq.php
http://www.usmarriagelaws.com/search/un ... uirements/
https://en.wikipedia.org/wiki/Marriage_officiant

"Perform a marriage" is common, and correct, usage to describe the act of officiating the ceremony. (Six US states actually use the term "perform marriages", without "ceremony" tacked on to the end, in their laws relating to officiants.)

If you're going to claim a person loses credibility over this point of pedantry, you have just lost the thread :D
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Re: Freedom of Religion

Post by Ferno »

Damn, you beat me to it, lothar. :)
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Re: Freedom of Religion

Post by Tunnelcat »

Spidey wrote:From that site…

“Some of us even believe no religious order can be required to ordain a woman, admit a congregant of a proscribed race or, yes, perform a same-sex marriage.”

Why should I give any credibility to a person that can’t understand the difference between a marriage and a wedding?

No church in America can perform a same sex marriage. If you can’t understand the issue at hand, why do you have a right to explain it to me?
And right under that statement is this one:
But “religious liberty” as defined by Davis and her supporters is about what happens in the wide world beyond those parameters, about whether there exists a right to deny ordinary, customary service and claim a religious basis for doing so. And there does not.
What Kim Davis is doing is denying an ordinary, customary service, giving out marriage LICENSES as per her job description (not officiating at WEDDINGS) because she claims it violates her beliefs. Frankly, tough tooties. She can resign if she's so rigid in her beliefs and it bothers her. She can then go get a job where she doesn't have to interact with those distasteful and ungodly people she believes are such an affront to her and her God.
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tunnelcat wrote:

Sounds just like how our Christian Evangelicals and Apostates act towards others who are not of their faith if you ask me. :wink:
Yeah, I see them chopping heads off every day.
Christians have been guilty of just as much brutality as Muslims for just as inane and superstitious reasons, although Christians have a least grown up today, mostly. :wink:

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Re: Freedom of Religion

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Image
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Re: Freedom of Religion

Post by Lothar »

I liked this counterpoint, though:
One of the quickest ways to government tyranny is to require every religious believer with conscientious objections to immoral laws and government overreach to resign from government positions
Do I agree with Kim Davis? No. I think she absolutely should have resigned. But I also recognize the validity of, at least sometimes, needing to force the issue -- making the government have to defend its potential overreach rather than just tolerating it or removing all possible dissenters from government.
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Re: Freedom of Religion

Post by snoopy »

woodchip wrote:And yet she will become a religious martyr.
Coming back to this- Maybe so... but I think it's really misplaced. I think this is a wholly political issue with a religious veneer. If she becomes a martyr, it's actually be of a political type.

To Lothar's comment about requiring conscientious objectors to resign: I believe the law draws the line at "essential functions" of a position and "reasonable accommodations." (Yes I know, quite the objective criteria) - So, if the core functions of the job cause the conflict (as is this case) there's a problem. If the conflict is on a tangential or minor aspect of the job, then the employer has to make accommodations for the objector. I believe that it's fairly well covered....
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Re: Freedom of Religion

Post by Tunnelcat »

Lothar, who's overreach is it? Is it the government's, or that of a single individual? Neither position from either camp is being fair to the affected parties. The only reason this woman is making a big, public stink is to make herself into a Christian hero, which is essentially being a bigot towards those she sees as an affront to her personally and her God. Since she's a public official and does the public's job, she must either do her job without bias, or resign. If she had any concerns for others at all, other than her own, she would have resigned. It would have been that simple.
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Re: Freedom of Religion

Post by Nightshade »

callmeslick wrote:Image
Interestingly, Kim Davis is a democrat. lol
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Re: Freedom of Religion

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it's been in all the papers. Knee jerk party ideology again, TB? What is significant is that virtually NO ONE in the Democratic Party is supporting her in breaking the law and refusing to perform her sworn duties. The GOP Presidential field, on the other hand........?
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Re: Freedom of Religion

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Image
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Re: Freedom of Religion

Post by Lothar »

callmeslick wrote:from a site called #StandwithKim(but only at visiting times):

Image


this is the whole issue in a nutshell regarding Kim Davis.
On the other hand, if you say that Kim Davis should follow the law, but you supported San Francisco mayor Gavin Newsom's 2004 decision to issue marriage licenses to same-sex couples in violation of what was then the law, then you're not fighting for rule of law, you're a hypocrite using rule of law as a cover for having your way.
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Re: Freedom of Religion

Post by Lothar »

Also:

Image
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Re: Freedom of Religion

Post by callmeslick »

actually, I agree with the thrust of both of the above posts. I don't think government should be in the marriage business at all.
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Re: Freedom of Religion

Post by Lothar »

tunnelcat wrote:as translated: My rights trump your rights

If she can't perform her duties because those duties violate her moral code, why doesn't she just quit? Why should her personal rights trump the general public's rights?
http://www.chicagotribune.com/news/loca ... story.html
Occupy Posters facebook page wrote: Let me condense down the whole thing for you to save you time:
1. Pro-life Illinois lady asks Office Depot to print a "Prayer for Planned" poem and a "Quick Facts on Planned Parenthood" flyer
2. Office Depot employees refuse, citing "corporate policy"
3. Lady gets Heavy-hitting Law Firm; gets Office Depot CEO's attention
4. CEO's office calls, says: "If it makes employees feel uncomfortable they don't have to print something."
5. Heavy-hitting Law-Firm sends epic smack-down letter to Office Depot CEO. Cites local "Human Rights Ordinance" that contains "public accommodation" language--same type of law used by same-sex couples to force photographers and bakers to do things they don't want to do
6. Heavy-hitting Law-Firm's threatens to haul the company before Illinois Human Rights Commission if they do not immediately comply
What they refused to print:

The prayer-poem: http://www.priestsforlife.org/prayercam ... thood.aspx
The flyer: https://www.thomasmoresociety.org/wp-co ... Prayer.pdf
Interesting.
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Re: Freedom of Religion

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Re: Freedom of Religion

Post by Tunnelcat »

At least the CEO of Office Depot apologized for the incident and said they'd print her prayer flyers, unlike Kim Davis. She's standing firm and not apologizing to anyone.

http://www.theamericanmirror.com/report ... ion-flyer/
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Re: Freedom of Religion

Post by Lothar »

tunnelcat wrote:At least the CEO of Office Depot apologized for the incident and said they'd print her prayer flyers
Good for them. That's a nice turnaround from their initial reaction (letter from Office Depot's lawyer.)

Still, I'm curious: for those who think Christian bakers should have to make wedding cakes for same-sex couples, should Office Depot also have to print this flyer? What about flyers that are actual hate speech instead of mischaracterized as hate speech? For those who think Christian bakers should be able to opt out of same-sex weddings, should Office Depot have the same right to refuse to print material they deem offensive? Likewise when it comes to Kim Davis and other cases of religious freedom vs "do your job" -- what's the distinguishing factor? When is someone allowed to deny services to a customer on religious, political, or "offensiveness" grounds?

(mostly off topic: "still does his job" x 20)
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Re: Freedom of Religion

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Lothar wrote:Still, I'm curious: for those who think Christian bakers should have to make wedding cakes for same-sex couples, should Office Depot also have to print this flyer? What about flyers that are actual hate speech instead of mischaracterized as hate speech? For those who think Christian bakers should be able to opt out of same-sex weddings, should Office Depot have the same right to refuse to print material they deem offensive? Likewise when it comes to Kim Davis and other cases of religious freedom vs "do your job" -- what's the distinguishing factor? When is someone allowed to deny services to a customer on religious, political, or "offensiveness" grounds?
It's the actions that make the difference.
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Re: Freedom of Religion

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Ferno wrote:
Lothar wrote:Still, I'm curious: for those who think Christian bakers should have to make wedding cakes for same-sex couples, should Office Depot also have to print this flyer? What about flyers that are actual hate speech instead of mischaracterized as hate speech? For those who think Christian bakers should be able to opt out of same-sex weddings, should Office Depot have the same right to refuse to print material they deem offensive? Likewise when it comes to Kim Davis and other cases of religious freedom vs "do your job" -- what's the distinguishing factor? When is someone allowed to deny services to a customer on religious, political, or "offensiveness" grounds?
It's the actions that make the difference.
I have no idea how you intend for that article to answer the questions above. It clearly says "no" to Kim Davis, but what about Office Depot?

I've known you for a long time. You're capable of answering directly and in your own words, and doing a better job than the articles you typically link to.
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Re: Freedom of Religion

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Lothar wrote:I liked this counterpoint, though:
One of the quickest ways to government tyranny is to require every religious believer with conscientious objections to immoral laws and government overreach to resign from government positions
Do I agree with Kim Davis? No. I think she absolutely should have resigned. But I also recognize the validity of, at least sometimes, needing to force the issue -- making the government have to defend its potential overreach rather than just tolerating it or removing all possible dissenters from government.
I don't think the government should suppress or force people to do things against their religious morals either. But that has to do with laws that affect or concern that person individually in their day to day life. Where she loses her moral right is when she uses her religious objections to discriminate against or refuse service to other people who are NOT of her religion, ie., the general public at large. I agree that she should have resigned instead of making a big stink over the whole thing, if she had any heart at all. If she wants to follow her own moral compass, that's her right and it's a free country. But then she needs to get a job that doesn't involve interacting with people or performing actions she thinks will violate her religious morals. Simple.
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Re: Freedom of Religion

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tunnelcat wrote:
Lothar wrote:I liked this counterpoint, though:
One of the quickest ways to government tyranny is to require every religious believer with conscientious objections to immoral laws and government overreach to resign from government positions
Do I agree with Kim Davis? No. I think she absolutely should have resigned. But I also recognize the validity of, at least sometimes, needing to force the issue -- making the government have to defend its potential overreach rather than just tolerating it or removing all possible dissenters from government.
I don't think the government should suppress or force people to do things against their religious morals either. But that has to do with laws that affect or concern that person individually in their day to day life. Where she loses her moral right is when she uses her religious objections to discriminate against or refuse service to other people who are NOT of her religion, ie., the general public at large. I agree that she should have resigned instead of making a big stink over the whole thing, if she had any heart at all. If she wants to follow her own moral compass, that's her right and it's a free country. But then she needs to get a job that doesn't involve interacting with people or performing actions she thinks will violate her religious morals. Simple.
Ahh, but the question brought up in the above quote is how far that goes. Let's just say Woodchip is right and Trump gets elected, and implements a law calling for the deportation of all 11+ million illegal immigrants in the United States. Should every government official in the entire chain shut up and do their job or resign? Or should they refuse to carry out the order, while remaining within the power structure, and force the issue? Let's expand the scenario and assume there are enough people who agree with Trump that, if everyone with moral or religious objections to the order resigns, they could be easily replaced so resigning would have essentially no effect. Do we simply decide that, yeah, if you have compassion for refugees, you need to get a different job and step aside? Do we decide that government jobs are only for people who are OK with mass deportations and anyone with a different religious viewpoint is out because the law is no longer compatible with their religious beliefs?

If your answer comes down to "it's different, because I agree with them" then you're not defending rule of law or defending the expectation of doing your job, you're just asking people to do what you want. (Which goes back to my question about Gavin Newsom, which slick said he agreed with the thrust of, but nobody else addressed. Are you drawing a line of principle or mere agreement?)
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Re: Freedom of Religion

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once again, Lothar, accepting your scenario of Trumps election and order to deport everyone, employees WOULD have to fulfill the orders to the best of their abilities or resign. No middle ground is acceptable. Of course, this ignores the likely fact that you could no more do so without busting the treasury and ruining the food distribution/production network in the nation, but on the sheer principles being discussed, it is just like the Gavin Newsome example.
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Re: Freedom of Religion

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callmeslick wrote:accepting your scenario of Trumps election and order to deport everyone, employees WOULD have to fulfill the orders to the best of their abilities or resign
I take it you're anti-Snowden, then?

Or is that different for some yet-unstated reason?
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Re: Freedom of Religion

Post by Vander »

If we grant for discussion that Trump’s order would be shown to be legal, then it would be different then Snowden. The employees in the Trump order would be tasked to contribute to something legal, while Snowden was tasked to contribute to something illegal. (some courts have agreed)

I would also challenge the collation between the Office Depot example and Davis. The county clerk is a public servant, whose salary is paid for (taxes, collected by force of law) by the very people she is denying legal service. I would find that more concerning than a company refusing service.

My judgement on this issue is based pretty much solely on that I’ve heard she was forbiding her employees from issuing licenses. I don’t really have an issue with her personally refusing to provide the service. I think some accommodation should be made for her beliefs. But by the same token, she, as head of the office, has to provide some accommodation to people who don’t share her beliefs, yet require service. Someone in her office has to be required to provide these licenses.
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Re: Freedom of Religion

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Vander wrote:I’ve heard she was forbiding her employees from issuing licenses
From what I understand, she forbade her employees from issuing licenses because her name and signature was required, and she was seeking accomodation of the form of having her name removed from the licenses (allowing any clerk's name and signature in place of hers.) Does that make a difference in your view of her?
Snowden was tasked to contribute to something illegal
How is that determination made? Before some courts ruled in agreement with Snowden, was "he thought it was probably illegal" adequate justification? How do we avoid opening a can of worms here for government employees whose view of the constitution might be suspect? Do you hold some expectation of acting through certain more official channels prior to making a step of the magnitude that Snowden did?
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Re: Freedom of Religion

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Does that make a difference in your view of her?
Not really. Even if she’s seeking accommodation, she’s still being hateful IMO. I question the religious implications involved in facilitating government paperwork. She’s a clerk, not a marriage officiant. She’s not giving her blessing, she’s making sure paperwork is in order. But that’s my view of her. On the issue, I may not respect her views, I respect that she has them, and would try to accommodate them as long as compromise was returned.
How is that determination made? Before some courts ruled in agreement with Snowden, was "he thought it was probably illegal" adequate justification? How do we avoid opening a can of worms here for government employees whose view of the constitution might be suspect? Do you hold some expectation of acting through certain more official channels prior to making a step of the magnitude that Snowden did?
That seems somewhat irrelevant to the discussion because of the whistleblower aspect. Snowden did a “hey I think this secret stuff we’re doing is wrong and people should know about it.” Quite different from the Davis situation or the fictional Trump Order. I don’t think the legality of the situation played much part for Davis, as she remained defiant after the SC ruling.
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Re: Freedom of Religion

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Lothar wrote:
callmeslick wrote:accepting your scenario of Trumps election and order to deport everyone, employees WOULD have to fulfill the orders to the best of their abilities or resign
I take it you're anti-Snowden, then?

Or is that different for some yet-unstated reason?
yes, I am. It has yet to be shown that he showed any consideration for the safety and well-being of fellow citizens that he put in harms way by his actions. I am all for some degree of transparency, but it has to be via some other fashion than Snowden did it.
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Re: Freedom of Religion

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As to Ms Davis, giving it some more thought, I wonder if she understands she is not performing the marriage? Only giving a license to do so.
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Re: Freedom of Religion

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callmeslick wrote:
I am all for some degree of transparency, but it has to be via some other fashion than Snowden did it.
Yet without the Snowdens there would be no transparency.
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Re: Freedom of Religion

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there has to be a better way than that, Woody.
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Re: Freedom of Religion

Post by Tunnelcat »

Lothar wrote:Still, I'm curious: for those who think Christian bakers should have to make wedding cakes for same-sex couples, should Office Depot also have to print this flyer? What about flyers that are actual hate speech instead of mischaracterized as hate speech? For those who think Christian bakers should be able to opt out of same-sex weddings, should Office Depot have the same right to refuse to print material they deem offensive? Likewise when it comes to Kim Davis and other cases of religious freedom vs "do your job" -- what's the distinguishing factor? When is someone allowed to deny services to a customer on religious, political, or "offensiveness" grounds?
It's that slippery slope issue again. At what point do we allow, or disallow, one person's idea of what they believe is right, to infringe upon another person's or another group's lawful rights, just because that person doesn't like or believe in giving those rights to that other group? Where is that line drawn? Is it fair to hold a public job where a person has to deal with law abiding people of all stripes and creeds and happens to be the only one elected to do that job in that place and then that person selectively singles out a group of citizens because of a "belief" of moral superiority and not because that other group committed any unlawful actions?

Same with a public business. If you open your doors to the public at large where anyone can walk in off the street, you should expect to deal with groups of people you don't like or agree with and you should do it freely without bias or publicly throwing yourself onto your sword. No one should be able to discriminate even if they don't like certain people because of their traits, sexual orientation, religion or any other characteristic they don't agree with. If you operate a public bakery, either you bake those cakes for everyone who walks in the door, or you open a private club or business instead to cater only to those of your ilk or like mindedness if your that sanctimonious. If I opened a business and say didn't like Mormons or Scientologists and their religions, should I be able to discriminate against them because I believe their belief system and morals are distasteful and ungodly to me personally? No, I shouldn't. I would sell whatever product my business sold to anyone on the street who walked in and keep my opinions to myself and make that buck. Even though I'm making money off of those I don't agree with, that's not violating my personal principles. It's what I do in MY PERSONAL LIFE is what's important, not who I deal with in public. What ever happened to kindness, politeness and fairness when dealing with your fellow citizen anyway? Why are people acting like jerks to those they happen to dislike or abhor?
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Re: Freedom of Religion

Post by Lothar »

tunnelcat wrote:It's that slippery slope issue again. At what point do we allow, or disallow, one person's idea of what they believe is right, to infringe upon another person's or another group's lawful rights
But again, this brings up the question of whether you have the lawful right to force someone else to participate in your private beliefs, to stick their name or their reputation inside of your actions. (Note that Kim Davis is totally OK with her office issuing licenses without her signature on them. That seems like a simple and reasonable accommodation that could have been made long ago, and then we would have never heard the name Kim Davis.)

I've never seen a Kosher deli that's actually private and Jew-only. I don't think it's reasonable to expect every "public business" to be a good fit with every customer, nor do I think it's reasonable for every business whose owner might have religious convictions to have to make that business into a "private club" just to avoid the risk of being forced to shut down by someone who wants them to do something that violates their own conscience.

You speak about "kindness, politeness and fairness". That's a two-edged sword. If you turn people away from your business because you don't want to cater a same-sex wedding, that's certainly not polite. If you sue someone because they turned you away, that's also not polite. I'm sure we could all come up with creative ways to escalate with people whose beliefs we dislike -- at one point somebody asked a gay baker to bake a cake with Leviticus 18:22 written on it, who of course refused the order and very likely could have been sued out of business. Only a total jerk would actually carry through with such a suit. But there appear to be plenty of total jerks out there, who would rather use the "big stick" of the force of law to drive people out of business than simply vote with their wallets.

And that's where I really have a problem. There are times when "vote with your wallet" doesn't work because every business is discriminatory, or because you're dealing with a monopoly, and then a large-scale legal challenge is your only recourse. There are times when there's no way to make reasonable accommodation so that everyone gets what they want without violating anyone else's conscience. But people don't seem interested in even trying that. People are quick to trot out the line "don't like gay marriage? Don't get gay-married", but if you don't like Christians trying to opt out of participating in a wedding they find objectionable (by having their name on the certificate, or catering the reception, or whatever) the "don't hire them" option seems to be left behind in favor of "sue them into oblivion". Where's the kindness there? Why is it so hard to say "OK, I'll hire a different caterer" or "OK, let's issue certificates without your signature" or "OK, I guess I don't really need to hold my porkstravaganza inside of your synagogue"? Do we really need to be trying to end peoples' livelihoods when we could just walk away?
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Re: Freedom of Religion

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The big difference here with your Kosher deli example is that said deli isn't attempting to exclude any particular group of people from its wares. It simply sells a type of food that happens to have religious origins, and anyone who likes that sort of food is welcome to eat it. In practical terms it's no different than your local Mexican or Thai joint. In contrast, the businesses we're talking about here are explicitly saying, "No, we're not going to provide our services to your group." I have absolutely no sympathy for Ms. Davis in this case: she is a publicly-elected official sworn to uphold the Constitution, and if she feels that she is no longer able to perform that duty, then it lies on her to resign their position. However, when it comes to private businesses...I mean it's a hard question, and I recognize that the concept of "right to refuse service" exists, but I feel like one has to err on the side of providing service. If you operate a public establishment, there are going to be times where you are asked to deal with people whose beliefs you oppose, but that's the nature of being public. If you bake wedding cakes, just bake cakes, and if you make copies, make the copies. As you said, it's likely that the vast majority of out-group individuals won't patronize a business whose views aren't aligned with their own, but there are always going to be exceptions, whether it's a case of "bullying" or someone feeling that they shouldn't have to perform that act of avoidance in the first place. I really don't have a better answer than that.

(Though if we're going to get on gay couples for forcing the issue with a Christian bakery, I think it's also fair to get on the woman seeking to get her fliers copied, given that the Office Depot in question freely offered access to the self-service copying machines.)

You asked about whether people should be forced to lose their livelihoods to avoid compromising their personal beliefs. I know the comparison has been more than beaten to death, but I'd be interested in learning how many segregating businesses in the South dealt with this during the Civil Rights era. How many business owners then gave up their livelihoods because they felt racial integration to be fundamentally immoral? I realize that there isn't any federally-enforced legislation barring discrimination based on sexual orientation in this manner, but there are certainly plenty of municipalities (and even many states, at least when it comes to "public accommodations") that do so. Is this really any different than what this country already went through a half-century ago?
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Re: Freedom of Religion

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Top Gun wrote:The big difference here with your Kosher deli example is that said deli isn't attempting to exclude any particular group of people from its wares ... I feel like one has to err on the side of providing service.
I'm not convinced it's relevant whether businesses are excluding whole groups, or just refusing service to people they don't like for arbitrary reasons. I think it's better for businesses to err on the side of providing services, but I think bringing the law in should be a last resort rather than a first resort -- it's better to walk away from a business that doesn't want you as a customer than to sue them. It's better to err on the side of "go somewhere else" than "start a fight". (Ever been in line behind that guy in the grocery store who wants to sue for whatever reason? It doesn't even matter if he's right, he still needs to STFU and get out of line so I can buy my groceries.) Among other things, if you choose to attempt to drive them out of business, you're denying service to all of the rest of their customers. And yes, this also applies to the lady at Office Depot.

You're right that the country went through the same sort of issue several decades back, where shop owners who didn't want to serve blacks might have been forced out of business. IMO one of the big differences is that legal pressure was needed because the problem was so systemic. There were large swaths of the country where blacks couldn't get equal service from equal-quality stores. Where are gays actually being denied service where there is no suitable alternative? It sure isn't Gresham, Oregon. Do we really legal pressure to deal with a baker who won't make cakes for same-sex weddings in Gresham?

The one circumstance where it actually makes sense is in the case of a monopoly -- like the state's monopoly on marriage licenses, which brings us to Kim Davis.
she is a publicly-elected official sworn to uphold the Constitution, and if she feels that she is no longer able to perform that duty
Everything I've heard about KD says that she feels she's capable of performing all of her job functions except for putting her name on marriage licenses. The accommodation she was seeking was to remove her name from marriage licenses. That's actually what's been done, last I heard, and she's back at work. So why did it escalate as far as it did, with jail time and national TV appearances? It seems like we went an awfully round-about way to get to "yeah, let's take your name off of that piece of paper", and it turned her into a martyr. And I honestly think that's what some people wanted -- it's what she wanted, but it's also what some of her detractors wanted. It was people picking a fight because they wanted to punish somebody, instead of looking for a solution that worked for everybody.
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Re: Freedom of Religion

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Vander wrote:On the issue, I may not respect her views, I respect that she has them, and would try to accommodate them as long as compromise was returned.
By the way, this view is the closest to actual law in the entire thread. What's required by Title VII of the Civil Rights Act of 1964 is that accommodation MUST be made as long as it doesn't place an "undue hardship" on the employer. She's not required to compromise, but she is required to request an accommodation that doesn't significantly interfere with the operation of the workplace. (Interestingly, one of the examples they give is a Christian pharmacist being able to refuse to dispense birth control pills.)

It seems to me "take her name off the certificate" was the appropriate compromise from the start, and I'm confused by why it took this much time, publicity, court orders, jail, etc. to get to that point. I had previously heard that she had requested it from the start and was consistently denied, but someone today told me that she was the one refusing that accommodation. Does anyone have a reliable source on that?
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Re: Freedom of Religion

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Something that is overlooked in this debate is the difference between turning down a particular job and turning down a group of people.

Not doing gay weddings is not the same thing as not serving gay people.

In my business I reserve the right to turn down any job for any reason, while at the same time I would never refuse to work for a given group.

I have turned down work from a good customer because it was offensive to one of my employees…tuff ★■◆●…go somewhere else.

And hey if someone doesn’t want to do gay weddings…tuff ★■◆●…as long as they are willing to do other work for gays. They don’t do gay weddings…get over it!

Want to sue me…go right ahead, good luck proving I discriminate against groups of people, I will admit right in front of the judge that I discriminate the type of jobs I do.
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Re: Freedom of Religion

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Lothar wrote:It seems to me "take her name off the certificate" was the appropriate compromise from the start, and I'm confused by why it took this much time, publicity, court orders, jail, etc. to get to that point. I had previously heard that she had requested it from the start and was consistently denied, but someone today told me that she was the one refusing that accommodation. Does anyone have a reliable source on that?
As far as I can tell, it was her deputies that removed her name when they started issuing licenses while she was in jail and without her consent. They simply changed from "Office of Rowan County Clerk Kim Davis" to "Office of Rowan County." She has since changed the text to read "Issued pursuant to a federal court order." (presumably so newlyweds can further bask in her defiance of their union) There is question about the validity of the licenses issued without the original text. (with her name) The text is specified by state law. The Gov. and AG say the state will honor the licenses, but that the legislature is required to change the law specifying the text on the licenses. The legislature is out of session until next year.

The accommodation she is apparently seeking is to change the state law specifying the text? I don't know if she's been seeking this remedy from the beginning, but I have my doubts. I don't think she's been trying to facilitate same sex marriage, just without her fingerprints on the paperwork. This seems like a solution everyone else is trying to come up with. She doesn't seem to have any compromise in her, which makes accommodating her onerous.
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Re: Freedom of Religion

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Spidey, I completely agree with you. Workers who belong to different groups will work better in the areas of business that are closest to them. I just give you the facts from my experience working in different companies. I have previously worked in major commodity holding, where the team was not Jews and Muslims, the vast majority of employees were Russian (I think you know the difference between ethnic Russians with Russian mentality and Russians, who are citizens of Russia, but they are not Russians in the full sense of this notion). And rightly so, since the representatives of these groups could discredit the company in relations with our partners. Also I worked in a company where most employees were Jews, and very few Russians. If I hadn't had the support of some Russian top managers, Jews could eat me. However, in this company the employee is gay would be a nightmare, as it would have discredited the credibility of this company. Now one of my friends (heterosexual) works in a modeling agency, where most employees are gays. Despite the fact that he works in the PR department, it is quite difficult to work in a gay team. He keeps on his dismissal from the company only a good salary and the opportunity to meet secretly with many girls-models :)
P.S. By the way, almost all immigrants from the United States and the European Union in Russia are more Russian than many Russian citizens. These immigrants like to be Russians, and they take all the best from Russian nation, even their children are Russian names.
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Re: Freedom of Religion

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Lothar wrote:But again, this brings up the question of whether you have the lawful right to force someone else to participate in your private beliefs, to stick their name or their reputation inside of your actions. (Note that Kim Davis is totally OK with her office issuing licenses without her signature on them. That seems like a simple and reasonable accommodation that could have been made long ago, and then we would have never heard the name Kim Davis.)
She still claims that those licenses are not valid without her signature.
Lothar wrote:I've never seen a Kosher deli that's actually private and Jew-only. I don't think it's reasonable to expect every "public business" to be a good fit with every customer, nor do I think it's reasonable for every business whose owner might have religious convictions to have to make that business into a "private club" just to avoid the risk of being forced to shut down by someone who wants them to do something that violates their own conscience.
No, it's not reasonable for every business to be a "good fit" for every customer. So what? If you go into or open a particular business enterprise, you should "expect" that you are going to have to deal with people you don't agree with or like personally and who DO want to do business with you because you sell something they want. The public is not made up as a cloistered club of your own types of people. That's part of being in the "free market". It's not a "closed market" for just only your people. No picking and choosing customers because your morals are in conflict or you dislike their race, religion or other trait. If it bothers you that much, make your business private and by invitation only. It's been done.
Lothar wrote:You speak about "kindness, politeness and fairness". That's a two-edged sword. If you turn people away from your business because you don't want to cater a same-sex wedding, that's certainly not polite. If you sue someone because they turned you away, that's also not polite. I'm sure we could all come up with creative ways to escalate with people whose beliefs we dislike -- at one point somebody asked a gay baker to bake a cake with Leviticus 18:22 written on it, who of course refused the order and very likely could have been sued out of business. Only a total jerk would actually carry through with such a suit. But there appear to be plenty of total jerks out there, who would rather use the "big stick" of the force of law to drive people out of business than simply vote with their wallets.
What else is there besides the "Big Stick" if you've been aggrieved by someone else? If there's a better solution, why don't people use it to come to more civil and fair compromises instead of being suing jerks to one another? They do it because of human nature. People tend to dig in and fight when they think they're in the right or have been aggrieved, on both sides of any issue. That's why lawyers will never go obsolete. Once any disagreement or fight starts, fairness and kindness go out the window. Sad, but that's the facts of life. I'd prefer people talk things over, think about fairness and think of the other person's position and feelings in that situation and then respect one another for what they are by compromising, but that rarely happens when vastly different people interact with each other. Even our own congress can't get along to do the important business of our country.
Lothar wrote:And that's where I really have a problem. There are times when "vote with your wallet" doesn't work because every business is discriminatory, or because you're dealing with a monopoly, and then a large-scale legal challenge is your only recourse. There are times when there's no way to make reasonable accommodation so that everyone gets what they want without violating anyone else's conscience. But people don't seem interested in even trying that. People are quick to trot out the line "don't like gay marriage? Don't get gay-married", but if you don't like Christians trying to opt out of participating in a wedding they find objectionable (by having their name on the certificate, or catering the reception, or whatever) the "don't hire them" option seems to be left behind in favor of "sue them into oblivion". Where's the kindness there? Why is it so hard to say "OK, I'll hire a different caterer" or "OK, let's issue certificates without your signature" or "OK, I guess I don't really need to hold my porkstravaganza inside of your synagogue"? Do we really need to be trying to end peoples' livelihoods when we could just walk away?
Yes, agree that making a point by suing someone or their business is the reason things really escalate. Maybe people like to fight or maybe people like to make an ass of themselves. I know that when I've been pesonally ripped off or insulted, my first inclination was to get mad, then later, even. Maybe after much thought, a better solution is come upon, but I'm still steamed for a long time anyway. It's that icky and yes, predictable human nature again.

But what if you liked the products of that business better than the competitors and they wouldn't sell it to you because you violated their morals or some other reason and wouldn't sell to you? What then? Walk out stunned or get mad? I'd say stunned at first and mad right after. Say they were the only maker of that product in town? What then? Drive to hell and gone to go to some other business that you haven't done business with before and then spend twice the money you would have in the first place? You're going to get mad yet again.

On the other side, what if you didn't know beforehand that a particular business was going to discriminate against you when you walked in and THEN you were insulted by their refusal to do business with you? What would your reaction be? Wouldn't you feel insulted and aggrieved? Wouldn't you get pissed and want some satisfaction?

As for ending a person's livelihood, that's solely by their own choice if they can't come to terms that not everyone is like them or holds their morals and views and that they're going to have to either serve them, call it quits, change occupations or privatize their business.
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Re: Freedom of Religion

Post by Tunnelcat »

Notice to Kim Davis and Mike Huckabee, marriage has already been redefined before.

http://news.yahoo.com/lgbt-group-burns- ... 53686.html

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