emilynghiem
Constitutionalist / Universalist
There is nothing in the First Amendment protecting same-sex marriage. That's where you go off the rails every single time and why you're perplexed over the legality of Obergefell.No, they are not related at all. One is about equal protection and due process while the other is about public accommodation laws. Don't fool yourself into believing no one has noticed you can't prove your position on same-sex marriage, so you keep diverting in all sorts of directions.None of that has anything to do with same-sex marriage. You can't make your case so you're continuously diverting to other topics.Faun here are examples where people ARE losing liberties they had before
because of public accommodations laws crossing into BELIEFS about LGBT and
requiring people to respect them or else change their operations policies
(posted on separate thread Should businesses be sued or church adoption programs shut down over gay beliefs?):
A. A lesbian couple wanting to have a wedding reception, Kate and Ming Linsley, sued the Wildflower Inn after being turned away. The lawsuit was settled in August after the inn agreed to pay $30,000 and stop hosting weddings and receptions.
By signing the settlement agreement, the inn owners agreed that any future “disparate treatment of same-sex couples” is illegal, including “discouragement of the couples from using the accommodations, facilities, advantages and privileges of any place of public accommodation.”
Washington has a law already on the books that guarantees “the right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement” regardless of sexual orientation.
^ NOTE 1 Faun: the same way you are saying nobody is being forced to have a gay wedding,
well nobody is FORCING that couple to use that facility when many other gay friendly services would love to have that business!
NOTE 2 please note my offer of how to solve these issues where the facility can still be used without imposing on staff who don't have to be present:
"BTW how I would solve the business lawsuit cases
1. for the wedding sites, allow this to be rented but require the couple to bring in their own hired staff and pay for insurance to cover any damages to the site if the management does not want to be present at a gay wedding
2. have businesses and customers sign WAIVERS in advance protecting both from legal actions or costs
should there be disputes or conflicts for ANY REASON: require instead either mediation by mediator chosen by the customer, or if that fails, arbitration by arbiter chosen by the business; or else agree to REFRAIN from doing business if the dispute cannot be resolved by consensus of both parties to avoid legal issues or expenses.
This would protect both sides, regardless of the reason, and regardless what their beliefs are that may conflict."
B. RE Catholic adoption services:
"#1 - Catholic adoption agencies should not be "shut down" that don't accommodate gay couples. As private, privately funded, non-profit organizations they should be able to place children according to their religious doctrine. On the other hand if they are going to function under government contractors and function on the taxpayer's dime - then they need to comply with non-discrimination laws or not be eligible for the contract."
Unfortunately this policy HAS led to some adoption services shutting down that depended on govt support. so it has DEPRIVED people of ne eded services due to CLASHING beliefs that COULD have remained a private issue since BELIEFS are involved. [Govt COULD have adopted a NEUTRAL policy protecting ANY beliefs about LGBT orientation/identity from discrimination, instead of recognizing one position on this at the exception of the other, which I argue is biased.]
C. There are other cases of fines against bakers, photographers, and even florists
for not wanting to participate in gay weddings against their beliefs.
Some of these I agree with, some not.
If someone just buys flowers or a cake that is one thing,
but going TO a wedding off site to serve cakes or take photos is up to free choice.
Another business or vendor/contract staff can be sent, and not force people who don't believe in attending or witnessing or participating in certain activities that are BEHAVIOR -- not internal identity of the customer in the store buying or ordering something.
In these cases I would make a distinction between:
1. providing the goods or services to any customer regardless of beliefs or creeds
2. WITHOUT having to attend, witness or participate in the actual gay wedding service
which is BEHAVIOR and not the internalized identity/orientation that the customers have
I would also allow such services to be contracted out to staff who don't have those conflicts,
such as sending a photographer out to an adult party who doesn't mind the BEHAVIOR or THEME of the party
and not suing the people who don't agree to be there
In general I promote mediation and consensus as required to resolve conflicts over beliefs,
if any two parties are going to conduct business together, in order to save legal and public resources related to court actions.
The topic here is the constitutionality of same-sex marriage, not public accommodation laws.
Yes, and those are related Faun
If you don't want to affect other public institutions,
then "marriage" should be kept in private.
But if govt endorses certain beliefs about marriage
then this in turn affects other areas of public laws and institutions.
All the other examples I cited are related to govt endorsing BELIEFS about LGBT and marriage.
1. wedding sites and services affected
2. adoption services affected
in addition to what you and I do agree on which is
3. state laws needing to be neutral and void of faith based biases
that one side or the other objects to as not representing their beliefs equally
I guess you are saying these are separate cases,
but I'm saying the SAME arguments and solutions can be used
to resolve ALL of THESE. So why have 3-5 areas of disputes by imposing
one side or the other,
when we can have a resolution across all these cases by agreeing NOT
to discriminate against either sides beliefs?
Dear Faun
1. I already said that BELIEFS about same sex marriage are already protected from each other
by the First and Fourteenth Amendments and Civil Rights policies against discrimination by creed
2. these are not diversions. I am saying the SAME concepts apply to all these other areas.
So solving one problem solves them all.
The problem is not recognizing political beliefs as equal.
You only want to defend your beliefs and rights
but you don't recognize the same of others.
Whose fault is that?
Why are you blaming me for your inability to accommodate others?
I am trying to accommodate you and your beliefs.
Your messages are about trying to debunk and EXCLUDE or dismiss my beliefs.
So who is doing the discriminating here?
You are arguing why you should exclude
"unless I prove to you why should something be included".
I am arguing how to include everyone equally!
You are basically assuming other positions are false until proven true,
while holding your position as true unless proven false.
I am assuming all beliefs are true, and trying to include them all.
Do you see the difference?
Free exercise of religion includes beliefs for or against same sex marriage.
it should protect both sides from infringement by the other. Faun