HurleyBird
Platinum Member
- Apr 22, 2003
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This is some particularly verbose nonsense. The question here is simple: what is the difference between weddings the baker was willing to bake cakes for and ones they were not? There is only one difference - if the couple were gay or not. Therefore it is discrimination based on their sexuality. This isn’t complicated.
Instead of circling back and repeating my argument that you failed to respond to -- where you instead decide to restate your previous assertion which my existing arguments counter just fine, I should point out that the original statement of contention, which is easily found by clicking the quote arrows, was when you stated:
"If baking a cake is participating in a gay wedding then serving this woman is participating in Trump’s garbage administration."
This an obvious false equivalency for reasons I've went already went into and will not repeat. Whether or not we're dealing discrimination, as you have now shifted to arguing, is irrelevant and off topic.
I'm actually somewhat impressed by this rhetorical slight of hand. You were just vague enough that I assumed good will on your part and tried to interpret your responses as being on topic. And to be honest, I should have caught it sooner. Thanks, I'll add this "obfuscate and then subtly change the subject" to my bag of tricks. I won't use it of course because I try to be intellectually honest, but I'll be able to look out for it better in the future.
The courts have ruled that discriminating against attributes and actions closely associated with a protected class, in this case marrying a member of the same sex, is the same as discriminating against that protected class. It is irrelevant if there happen to be straight men caught up in their objections to same-sex marriage, the purpose of their discrimination is still animus against gay people.
These arguments have long ago been considered and rejected. I mean the long ago struck down sodomy bans didn’t say anything about gay people, they just said men couldn’t engage in sodomy. That didn’t save them.
Sodomy laws were struck down because they were deemed to violate the 14th amendment. Specifically, five justices held that they violated due process, so under that reasoning even if gay people did not exist the law would still have been overturned. One justice argued that they violated equal protection. Certain people trying to hide their justification for sodomy laws, while both obvious and despicable, didn't really factor into the decision as far as I know (maybe they were a side note). It certainly could have, and that would speak once again to motivation, which tends to be important.
One other significant difference is that sodomy laws are essentially gagging speech, while a baker refusing to bake a cake on religious grounds is expressing speech. Overall, a bad example.
It has nothing to do with outcomes, it has to do with the fact that your argument is barely better than ‘Hitler was a vegetarian so vegetarians are evil too’. It’s laugh out loud absurd.
Do vegetarians and Hitler share the dangerous, psychological core belief that the ends justify the means? How about some other seed of fascist ideology? No, they do not to any tangible degree.
It’s not at all more complicated. SCOTUS (in effect) ruled his freedom overrode the statute that prevented his discrimination against gay people, not that he did not discriminate. That part was basically accepted by all parties.
No, they didn't. They ruled that the lower court didn't follow proper procedure and displayed bias to the extent where they were unable to honestly weigh first amendment concerns. They effectively kicked the issue down the road for a future court to determine.
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