Indiana's 'Religious Freedom Bill'

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fskimospy

Elite Member
Mar 10, 2006
84,812
49,499
136
If you goal is to improve this country, then you need to ask yourself why there are rules, and how they actually work out.

If your goal is to end discrimination, will telling people they cant for x reason but not y really do much?

I would say it does a ton! I mean we say you can't for x reason but not y all the time. That's basically mens rea in a nutshell. Most crimes are only crimes because of the reason why you took that action.

Aggressive government intervention eliminated in a matter of years a systemic exclusion from public spaces for black people that had persisted for centuries. If that's not success I don't know what is?
 
Jan 25, 2011
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Hardly, religious freedom is all ready covered in the Bill of Rights to begin with.

But it wasn't to a great extent. Werepossum already alluded to one of the cases that really started the ball rolling on RFRA. A case where two Native Americans were denied unemployment as they were terminated for testing positive for peyote (more specifically mescalin, the psychoactive compound in peyote).

There was also another significant case where the government was going to build roads over spiritually significant native lands (Lyng v.).

Both of those cases were lost because there was inadequate protection in the laws which is exactly the type of hole the RFRA was specifically drafted to protect.
 

realibrad

Lifer
Oct 18, 2013
12,337
898
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I would say it does a ton! I mean we say you can't for x reason but not y all the time. That's basically mens rea in a nutshell. Most crimes are only crimes because of the reason why you took that action.

Aggressive government intervention eliminated in a matter of years a systemic exclusion from public spaces for black people that had persisted for centuries. If that's not success I don't know what is?

Aggressive government helped, I would not say eliminated. Also, the problem would have likely not been as big had government not aggressively promoted the systemic.

To be clear, this is a situation when I feel like government had a big roll in fixing the problem. I think society then is very different from the one we have now. I think letting people be overtly dumb will let the rest of us know who and what to avoid.

I feel like its a great sign that large companies are stepping up and boycotting the state. I hope this brings to life the type of people out there.

I think my main point is that you cannot legislate good people. I think there is a role of government making sure this wont get out of hand, but for now, I think a lot of good can come from it.

I am also a bit biased, because my best friend is gay. Having seen how some people treat him has galvanized my view on gay rights.
 

fskimospy

Elite Member
Mar 10, 2006
84,812
49,499
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Aggressive government helped, I would not say eliminated. Also, the problem would have likely not been as big had government not aggressively promoted the systemic.

I definitely agree that governments were used to make the problem much, much worse.

To be clear, this is a situation when I feel like government had a big roll in fixing the problem. I think society then is very different from the one we have now. I think letting people be overtly dumb will let the rest of us know who and what to avoid.

I feel like its a great sign that large companies are stepping up and boycotting the state. I hope this brings to life the type of people out there.

I think my main point is that you cannot legislate good people. I think there is a role of government making sure this wont get out of hand, but for now, I think a lot of good can come from it.

I am also a bit biased, because my best friend is gay. Having seen how some people treat him has galvanized my view on gay rights.

I agree that society now is quite a bit different than it was back then, but I wouldn't use the success of these policies as arguments against them.

I also agree that the government can't legislate away racism. I think it can help mitigate some of the effects of racism though, and so I think it has a positive role to play here. Public accommodation laws to me are one sign of a decent and civil society.
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
A case by case basis sounds suspiciously like rule by man, where an identical action can be legal during one administration yet illegal under the next, even though no law changed. I dislike that greatly. In principle I think we should all be under the exact same laws. I can bend a bit, as per the federal law and those in that vane that restrict government in favor of minorities. But when we protect religious freedom to the extent that we sanction disenfranchising some people, even acknowledging that they can be served elsewhere, I think that's a giant step back. Equal protection should mean just that, and if increasing one person's right to religious freedom begins decreasing another person's equality, then we've gone too far.

I don't think you're addressing my other point though, in that can you really claim a class is being "disenfranchised" if they'll be served in one fashion (ex: sold a birthday cake) but not in another (not sold a wedding cake). Or, to take religion out of the occasion, what if a black print shop owner refused to print signs for a white group because the owner found the printed message they requested to be racially offensive? Should the business owner be allowed to do this?
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
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Look at chick fil a. The head of the company does not like gay people. Do you think that the company sells to gay people because they have to, or because they want to make money?

Yes, they sell to gays because the law requires them to. When they came out as anti-gay their profits had a significant increase, certainly more significant than the 1-2% loss in sells they would suffer by refusing to sell from gays. The fact is most gays (and many who support them) refuse to eat there already, banning them would cause almost no damage to their sells, but the media attention would almost certainly be a major gain for them.

In every thread we have had about chic-fil-a we had a clear majority that said that they didn't care that they actively support anti-gay groups because the food is good, another smaller, but significant group that said they would go out of their way to support them for their stance, and a very small minority who said they oppose to the point that will will not frequent the establishment due to their stance.

This same would hold true for any business that decided to discriminate against a small minority. Most people just won't care, a few will actively support them, and a very few will boycott them. Overall, it is probably a winning proposition for most business.
 

fskimospy

Elite Member
Mar 10, 2006
84,812
49,499
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I don't think you're addressing my other point though, in that can you really claim a class is being "disenfranchised" if they'll be served in one fashion (ex: sold a birthday cake) but not in another (not sold a wedding cake).

Because the owner of the shop is denying a service (wedding cake creation) based on their attributes. As you suggest, taking religion out of the picture, it would be the same as Woolworth's in Greensboro being willing to sell some home furnishing items to black people but refusing to allow them to sit at the lunch counter. The fight against kind of selective discrimination was at the heart of MLK's movement.

They don't have to sell wedding cakes at all. If they choose to sell them though, they have to sell them to everyone.

Or, to take religion out of the occasion, what if a black print shop owner refused to print signs for a white group because the owner found the printed message they requested to be racially offensive? Should the business owner be allowed to do this?

People have every right under the law to refuse to perform a service based on the message. That's how Walmart and other places have repeatedly refused to make "Happy Birthday Adolf Hitler" cakes and such.

To relate it back to this, while the bakery must provide a wedding cake to the person, they can't be forced to write "I love gay sex" on it or something.
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
Yes, they sell to gays because the law requires them to.

Have they said that? There's a difference between a) disliking a practice (gay marriage) and b) actively discriminating against those who engage in it.
 

realibrad

Lifer
Oct 18, 2013
12,337
898
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Yes, they sell to gays because the law requires them to. When they came out as anti-gay their profits had a significant increase, certainly more significant than the 1-2% loss in sells they would suffer by refusing to sell from gays. The fact is most gays (and many who support them) refuse to eat there already, banning them would cause almost no damage to their sells, but the media attention would almost certainly be a major gain for them.

In every thread we have had about chic-fil-a we had a clear majority that said that they didn't care that they actively support anti-gay groups because the food is good, another smaller, but significant group that said they would go out of their way to support them for their stance, and a very small minority who said they oppose to the point that will will not frequent the establishment due to their stance.

This same would hold true for any business that decided to discriminate against a small minority. Most people just won't care, a few will actively support them, and a very few will boycott them. Overall, it is probably a winning proposition for most business.

You should look into the company a little more. They are a private company, so they are no longer disclosing their earnings, but they did do something funny.

http://aattp.org/after-prayin-on-it-chik-fil-a-ceo-regrets-being-a-homophobic-bigoted-a-hole/

See, profits made them change their tune. They indeed saw a sales bump, but that is because they were the only ones out there signaling their discrimination. If you look at how many are anti discrimination, you will see that its the popular view. This means that if you were to have multiple companies coming out with the same view, you would split that group. Chik Fil A wants to make money. They cannot do it unless they get more than just the Christian right.

There is a reason they are not disclosing their profits though. Their brand is damaged right now, and they are trying to fix it. What happened is what we want to happen. Public shame has hurt the company, and they changed.
 

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
Businesses in Indiana are placing signs in their front windows "We serve everyone" Like it.

Also heard interview with a woman who owns a pizza shop saying she would refuse selling pizzas to a gay couple for wedding. Took guts to answer.

A good follow-up question if a hetero couple wanted the same would she ask if they engaged in premarital sex? If they said yes would she refuse the sale?

Just thought of another one, what if a gay couple before wedding did not engage in premarital sex? Does she sell? See where I'm going.
 
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TeeJay1952

Golden Member
May 28, 2004
1,540
191
106
I hate the wait during checkout. Can you imagine the wait if we have to fill out a philosophical checklist and then morality exam prior to 6 pack purchase? You can't tell who I am by reading my tee shirt or by making assumptions.
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
Hardly, religious freedom is all ready covered in the Bill of Rights to begin with.

Right, which congress felt was infringed upon by Employment Division v. Smith, leading up to the passage of the federal RFRA. This was then found not to apply at state-level, prompting many states to pass their own local RFRA.
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
Businesses in Indiana are placing signs in their front windows "We serve everyone" Like it.

Also heard interview with a woman who owns a pizza shop saying she would refuse selling pizzas to a gay couple for wedding. Took guts to answer.

A good follow-up question if a hetero couple wanted the same would she ask if they engaged in premarital sex? If they said yes would she refuse the sale.

A better question is if we can force gay bakers to bake cakes for the Westboro Baptist Church.
 

SMOGZINN

Lifer
Jun 17, 2005
14,218
4,446
136
You should look into the company a little more. They are a private company, so they are no longer disclosing their earnings, but they did do something funny.

http://aattp.org/after-prayin-on-it-chik-fil-a-ceo-regrets-being-a-homophobic-bigoted-a-hole/

See, profits made them change their tune. They indeed saw a sales bump, but that is because they were the only ones out there signaling their discrimination. If you look at how many are anti discrimination, you will see that its the popular view. This means that if you were to have multiple companies coming out with the same view, you would split that group. Chik Fil A wants to make money. They cannot do it unless they get more than just the Christian right.

There is a reason they are not disclosing their profits though. Their brand is damaged right now, and they are trying to fix it. What happened is what we want to happen. Public shame has hurt the company, and they changed.

Their brand has not been hurt, nor are their profits suffering. In 2014 Chick-Fil-A surpassed KFC in total sales making them the #1 chicken fast food franchise, with Chick-Fil-A's average sales increased 3.8 percent year to year. Overall it is calculated that they increased their market share by 12 percent due to the anti-gay controversy. They are currently expanding with more than a 100 new locations this year.

What they did was lip-service because the laws will not allow then to actually discriminate there is no downside to them wrapping themselves in their faith and giving lip-service to the minority. If you would look deeper, you would notice that they did not actually stop funding the hate groups they helped to create, instead the moved the money around creating a new shell company that is funded from the Chic-Fil-A profits that in turn funds the hate groups.
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
Their brand has not been hurt, nor are their profits suffering. In 2014 Chick-Fil-A surpassed KFC in total sales making them the #1 chicken fast food franchise, with Chick-Fil-A's average sales increased 3.8 percent year to year. Overall it is calculated that they increased their market share by 12 percent due to the anti-gay controversy. They are currently expanding with more than a 100 new locations this year.

What they did was lip-service because the laws will not allow then to actually discriminate there is no downside to them wrapping themselves in their faith and giving lip-service to the minority. If you would look deeper, you would notice that they did not actually stop funding the hate groups they helped to create, instead the moved the money around creating a new shell company that is funded from the Chic-Fil-A profits that in turn funds the hate groups.

What hate groups?
 

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
A better question is if we can force gay bakers to bake cakes for the Westboro Baptist Church.

The answer is yes. Now if you are WBC would you eat that cake??

If I'm the baker that cake will be "special"
 

realibrad

Lifer
Oct 18, 2013
12,337
898
126
Their brand has not been hurt, nor are their profits suffering. In 2014 Chick-Fil-A surpassed KFC in total sales making them the #1 chicken fast food franchise, with Chick-Fil-A's average sales increased 3.8 percent year to year. Overall it is calculated that they increased their market share by 12 percent due to the anti-gay controversy. They are currently expanding with more than a 100 new locations this year.

What they did was lip-service because the laws will not allow then to actually discriminate there is no downside to them wrapping themselves in their faith and giving lip-service to the minority. If you would look deeper, you would notice that they did not actually stop funding the hate groups they helped to create, instead the moved the money around creating a new shell company that is funded from the Chic-Fil-A profits that in turn funds the hate groups.

Can you give me the source for saying that they grew 12% because of the anti-gay statements? Its pretty bold and I have not seen it, but if you have something I will change my mind on this issue.
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
The answer is yes. Now if you are WBC would you eat that cake??

If I'm the baker that cake will be "special"

The answer is no. People shouldn't be forced to participate in an exchange of goods, whatever their motivation.
 

fskimospy

Elite Member
Mar 10, 2006
84,812
49,499
136
The answer is no. People shouldn't be forced to participate in an exchange of goods, whatever their motivation.

Nobody is forcing anyone to participate in an exchange of goods, it's just that if you open your business to the public you must serve the public. That's a choice, and choices carry consequences with them.

By your logic the government shouldn't be able to force businesses to have insurance, or keep their building up to code, etc, etc. All of those are forced transactions that are required of businesses open to the public, yet nobody complains about them.
 

Retro Rob

Diamond Member
Apr 22, 2012
8,150
108
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Nobody is forcing anyone to participate in an exchange of goods, it's just that if you open your business to the public you must serve the public. That's a choice, and choices carry consequences with them.

So if a gay man/woman wants to get married, and chooses to walk into a Christian Bakery to ask for a wedding cake, gets denied, would you accept that as a consequence of his/her choice to use that particular place and instead of suing, advise them just go somewhere else...after all, "choices carry consequences"...as you so eloquently put it.

Or is this more double-speak?
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
Nobody is forcing anyone to participate in an exchange of goods, it's just that if you open your business to the public you must serve the public. That's a choice. By your logic the government shouldn't be able to force businesses to have insurance, or keep their building up to code, etc, etc. All of those are forced transactions that are required of businesses open to the public, yet nobody complains about them.

I'm sorry, but the notion of forcing Jewish bakers to bake goods featuring Nazi symbolisms, if such a customer comes into their business, is horrible. Business owners should have the freedom to express their conscience regarding how they do business, and with whom.

If I'm looking for a job, my business is open to the public. I'm seeking customers who will purchase goods I can provide: my labor. Do I now have to accept the first job offer that comes my way?
 

Blackjack200

Lifer
May 28, 2007
15,995
1,685
126
I'm sorry, but the notion of forcing Jewish bakers to bake goods featuring Nazi symbolisms, if such a customer comes into their business, is horrible. Business owners should have the freedom to express their conscience regarding how they do business, and with whom.

Are you reading this thread? Because this was just posted

People have every right under the law to refuse to perform a service based on the message. That's how Walmart and other places have repeatedly refused to make "Happy Birthday Adolf Hitler" cakes and such.

To relate it back to this, while the bakery must provide a wedding cake to the person, they can't be forced to write "I love gay sex" on it or something.

So to be clear, Jewish bakers do not have to bake nazi cakes or even serve nazis at all, since polical parties are not a protected class.

If I'm looking for a job, my business is open to the public. I'm seeking customers who will purchase goods I can provide: my labor. Do I now have to accept the first job offer that comes my way?

You're trying to make a stupid point and can't even get the analogy right. I would drop it.
 
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fskimospy

Elite Member
Mar 10, 2006
84,812
49,499
136
I'm sorry, but the notion of forcing Jewish bakers to bake goods featuring Nazi symbolisms, if such a customer comes into their business, is horrible. Business owners should have the freedom to express their conscience regarding how they do business, and with whom.

Hey, you said that people shouldn't be forced into economic exchanges. Let's follow that logic. Are you against requiring insurance? Against requiring buildings to be kept up? Those are all forced exchanges. Additionally, Jewish bakers could not be forced to make things with swastikas on them. This was covered earlier.

Business owners have every freedom to express their conscience regarding how they do business and with whom. There are tons of businesses that are not open to the public. If you make the personal choice to create a business that is open to the public though, with that comes a set of consequences you accept. If you don't want to accept them, don't do it.

If I'm looking for a job, my business is open to the public. I'm seeking customers who will purchase goods I can provide: my labor. Do I now have to accept the first job offer that comes my way?

Your business is not in fact open to the public when you're looking for a job. That's simply not the definition of the term.
 
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