emilynghiem
Constitutionalist / Universalist
The public sector is subject to Establishment Clause jurisprudence, the private sector is subject to Commerce Clause jurisprudence, where government has the authority to regulate private business.So if you call her a "hillbilly" it's OK to violate her 1st Amendment civil rights?
Sorry I can't process your building permit. You living in sin with your girlfriend violates my religious beliefs.
Sorry I can't process your divorce papers. That violates my religious beliefs.
Sorry I can't process your marriage license b/c marrying outside your faith violates my religious beliefs.
Sorry I can't process your food service license. Being open on Sunday violates my religious beliefs.
Sorry I can't process your driver's license. Women driving is a violation of my religious beliefs.
What other goverment services should denied as result of one's faith?
Sorry. Goverment agents don't get to decide what services apply to other citizens based on their religious beliefs.
You're talking about civil service workers being paid by the taxpayers. A private entity is a different situation.
And one such regulatory measure that is necessary, proper, and Constitutional is public accommodations law, some of which have provisions prohibiting businesses open to the general public from refusing to accommodate gay patrons.
Dear C_Clayton_Jones
1. Whether the Commerce Clause or the accommodations laws,
no laws can be enforced where they violate other laws and rights of people.
To be consistently lawful and constitutional ALL principles would have to be followed and standards met.
See Fourteenth Amendment about this:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2. This goes both ways: where beliefs are at stake on both sides of the marriage and now the bathroom policies,
people on both sides would have to CONSENT and agree their rights and beliefs are not being discriminated against!
Why are you so allergic to the idea that people have the right to decide for themselves
and represent where their beliefs are being crossed and the law goes too far?
When the transgender people are saying we can't be forced to use the other restroom, you get that part.
Why can't you get the part where people are saying we don't feel safe with policies that don't base
the distinction on gender by birth, but base it on gender identity that can't be proven or policed without violating rights.
What is wrong with neutral and singlestalled restrooms that accommodate ALL these beliefs without exception or forcing anyone to change their beliefs?
It seems you are fixed on only relying on Courts to decide these matters.
I disagree when it comes to matters of beliefs, where it is legally and psychologically necessary
to base decisions on the consent of the people affected it. It causes emotional and legal harm
and damages not to respect the consent of people when it comes to their personal beliefs.
Since people by nature of their beliefs cannot be forced to change these by coercion
but it requires free will and educated choice, pushing one sided decrees through govt is damaging
to people personally, their ability to use democratic due process and conflict resolution to solve problems,
and harms faith in govt being neutral and equally inclusive, and wastes resources over conflicts that
could be invested in solutions.
See also Code of Ethics for Govt Service ethics-commission.net
about
a. not putting party above govt duty to the public
b. seeking to employ the most economical means of accomplishing tasks
ie neutral gender restrooms would be cheaper than all these legal and legislative
battles over BELIEFS that people on both sides refuse to change especially not by force of govt