New Mexico Court: Christian PhotographerCannot Refuse- Gay Marraige Ceremony

"Wrong" is subjective and therefore a personal opinion. :SHRUG: Some think it is "wrong" for the government to have Public Accommodation laws, and some think that it is "Good" for the government to protect citizens from discrimination.


In my opinion it is "wrong", but that has nothing to do with the functioning of the law. Federal Public Accommodation laws have already been upheld by the SCOTUS and under the 10th States have the power to create their own.


>>>>

There is nothing subjective about a law that requires anyone to attend a wedding they object to.

There is no ‘law’ that requires anyone to attend a wedding he objects to.

But is that not the reality of this NM ruling? The photographer must attend the wedding, even though it goes against her religious beliefs. Her only other alternative that I can think of is to close her business. Go to this wedding, or loose everything you have. Does that not have the effect of a law requiring someone to attend a wedding they object to?
 
Go ahead. List the churches who have been brought to court under the Public Accommodations Laws.

You do understand that churches are not buildings, don't you?

Gay Rights, Religious Liberties: A Three-Act Story : NPR

There are even people that have openly announced that they intend to sue churches.

Couple suing to force church to perform gay marriage - Illinois Review

That a religious organization might be sued in its capacity as a property owner only has nothing to do whatsoever with that religion’s doctrine and dogma concerning same-sex couples. The same-sex couple is merely using the venue for a wedding ceremony, invoking the rites of a completely different faith, or a civil ceremony absent religious rites.

Such a suit would in no way compel the religious organization to ‘recognize’ same-sex couples, or compel the religious organization to perform same-sex marriage, or alter its doctrine or dogma in any manner concerning marriage and same-sex couples.

By this line of reasoning, your local public school gym must be made available to a neo-Nazi or KKK meeting. Your local private grade school must accommodate a NAMBLA gathering. Any private property owned by the DNC must allow a meeting of the RNC.

You cool with that too?
 
You do understand that churches are not buildings, don't you?

Gay Rights, Religious Liberties: A Three-Act Story : NPR

There are even people that have openly announced that they intend to sue churches.

Couple suing to force church to perform gay marriage - Illinois Review

That a religious organization might be sued in its capacity as a property owner only has nothing to do whatsoever with that religion’s doctrine and dogma concerning same-sex couples. The same-sex couple is merely using the venue for a wedding ceremony, invoking the rites of a completely different faith, or a civil ceremony absent religious rites.

Such a suit would in no way compel the religious organization to ‘recognize’ same-sex couples, or compel the religious organization to perform same-sex marriage, or alter its doctrine or dogma in any manner concerning marriage and same-sex couples.

By this line of reasoning, your local public school gym must be made available to a neo-Nazi or KKK meeting. Your local private grade school must accommodate a NAMBLA gathering. Any private property owned by the DNC must allow a meeting of the RNC.

You cool with that too?

The Right to Refuse Service: Can a Business Refuse Service to Someone Because of Appearance, Odor, or Attire? | LegalZoom
 
That a religious organization might be sued in its capacity as a property owner only has nothing to do whatsoever with that religion’s doctrine and dogma concerning same-sex couples. The same-sex couple is merely using the venue for a wedding ceremony, invoking the rites of a completely different faith, or a civil ceremony absent religious rites.

Such a suit would in no way compel the religious organization to ‘recognize’ same-sex couples, or compel the religious organization to perform same-sex marriage, or alter its doctrine or dogma in any manner concerning marriage and same-sex couples.

By this line of reasoning, your local public school gym must be made available to a neo-Nazi or KKK meeting. Your local private grade school must accommodate a NAMBLA gathering. Any private property owned by the DNC must allow a meeting of the RNC.

You cool with that too?

The Right to Refuse Service: Can a Business Refuse Service to Someone Because of Appearance, Odor, or Attire? | LegalZoom

Nice job repeating without thought. I know you can expound upon that.

What you are all missing is that the real problem is a conflict of rights and law – one being that you cannot be legally bound to violate the precepts of your faith and the other that binds people from discriminating based on protected classes. That is a conflict. I feel that the religious aspect is MORE important here as a basic right but your side has not even bothered to address that.
 
"Wrong" is subjective and therefore a personal opinion. :SHRUG: Some think it is "wrong" for the government to have Public Accommodation laws, and some think that it is "Good" for the government to protect citizens from discrimination.


In my opinion it is "wrong", but that has nothing to do with the functioning of the law. Federal Public Accommodation laws have already been upheld by the SCOTUS and under the 10th States have the power to create their own.


>>>>

There is nothing subjective about a law that requires anyone to attend a wedding they object to.

There is no ‘law’ that requires anyone to attend a wedding he objects to.

You are aware that the photographer had to attend the wedding. In order to take pictures of the wedding, the ceremony, and all the rest, the photographer actually has to be in the venue.
 
Exactly FA and Katz. The issue is an application of the law that is coercive and unreasonable if we believe in unalienable rights. A law is reasonable that requires accommodation of customers who walk through the doors of your place of business--so long as they exhibit reasonable personal deceny and conduct. Everybody should be served regardless of their race, creed, gender, sexual orientation, etc.

A law that requires any person to accommodate a customer at the customer's location, however, is not reasonable.
 
Exactly FA and Katz. The issue is an application of the law that is coercive and unreasonable if we believe in unalienable rights. A law is reasonable that requires accommodation of customers who walk through the doors of your place of business--so long as they exhibit reasonable personal deceny and conduct. Everybody should be served regardless of their race, creed, gender, sexual orientation, etc.

A law that requires any person to accommodate a customer at the customer's location, however, is not reasonable.

There are some jobs that must, by their very nature be done at the customer's location. Event photography being one of them. As the court found, this can be avoided through advertising. Just don't mention weddings. Have a disclaimer in the advertising that they are allowed to have. Bakeries can do the same thing, so can florists. A baker can bake the cake, but tell the wedding couple that they are responsible for transport and assembly at their location. A florist can sell flowers, but do not do wedding arrangements. Those have to be negotiated through a third party. This is going to change the way people do business, and not in the way gay advocates want. Of course they can still patronize those businesses who advertise they will accommodate same sex weddings, and that is exactly as it should be.

I know of several businesses that have been doing that for years. My mechanic refuses to repair cars owned by black people. He's had too much trouble in the past so he made a decision that it wasn't worth his trouble any more. There is no loss of business for providers who use limitations.
 
Exactly FA and Katz. The issue is an application of the law that is coercive and unreasonable if we believe in unalienable rights. A law is reasonable that requires accommodation of customers who walk through the doors of your place of business--so long as they exhibit reasonable personal deceny and conduct. Everybody should be served regardless of their race, creed, gender, sexual orientation, etc.

A law that requires any person to accommodate a customer at the customer's location, however, is not reasonable.

There are some jobs that must, by their very nature be done at the customer's location. Event photography being one of them. As the court found, this can be avoided through advertising. Just don't mention weddings. Have a disclaimer in the advertising that they are allowed to have. Bakeries can do the same thing, so can florists. A baker can bake the cake, but tell the wedding couple that they are responsible for transport and assembly at their location. A florist can sell flowers, but do not do wedding arrangements. Those have to be negotiated through a third party. This is going to change the way people do business, and not in the way gay advocates want. Of course they can still patronize those businesses who advertise they will accommodate same sex weddings, and that is exactly as it should be.

I know of several businesses that have been doing that for years. My mechanic refuses to repair cars owned by black people. He's had too much trouble in the past so he made a decision that it wasn't worth his trouble any more. There is no loss of business for providers who use limitations.

You should NOT have to jump through a hoop like that though. You might have to right now because that is the manner that the law is written BUT the law itself should be amended to avoid such silliness.

Right and wrong do not change because you can use subterfuge to get the correct outcome.
 
Exactly FA and Katz. The issue is an application of the law that is coercive and unreasonable if we believe in unalienable rights. A law is reasonable that requires accommodation of customers who walk through the doors of your place of business--so long as they exhibit reasonable personal deceny and conduct. Everybody should be served regardless of their race, creed, gender, sexual orientation, etc.

A law that requires any person to accommodate a customer at the customer's location, however, is not reasonable.

There are some jobs that must, by their very nature be done at the customer's location. Event photography being one of them. As the court found, this can be avoided through advertising. Just don't mention weddings. Have a disclaimer in the advertising that they are allowed to have. Bakeries can do the same thing, so can florists. A baker can bake the cake, but tell the wedding couple that they are responsible for transport and assembly at their location. A florist can sell flowers, but do not do wedding arrangements. Those have to be negotiated through a third party. This is going to change the way people do business, and not in the way gay advocates want. Of course they can still patronize those businesses who advertise they will accommodate same sex weddings, and that is exactly as it should be.

I know of several businesses that have been doing that for years. My mechanic refuses to repair cars owned by black people. He's had too much trouble in the past so he made a decision that it wasn't worth his trouble any more. There is no loss of business for providers who use limitations.

Your mechanic refuses service to black people at his shop? That I would have a hard time justifying. But being unwlling to go into a dangerous, predominantly black neighborhood to do roadside service? That I can justify.

But I hate political correctness used to control people about as much as I hate anything in our modern culture. I don't think people should have to alter the services they offer or stop offering certain products or services just to avoid enforced political correctness. If I don't wish to attend a Ku Klux Klan convention, I should not be expected to provide services of any kind at that convention.

When there is money to be exchanged, the free market generally provides somebody willing to provide a product or service to get some of it. The occasional conscientious objector must be allowed in a free society.
 
Again our fascist courts show why we need more check on them. We should not allow a bunch of people in robes take our liberties.
 
Go ahead. List the churches who have been brought to court under the Public Accommodations Laws.

You do understand that churches are not buildings, don't you?

Gay Rights, Religious Liberties: A Three-Act Story : NPR

There are even people that have openly announced that they intend to sue churches.

Couple suing to force church to perform gay marriage - Illinois Review
As I suspected.

I knew for certain you would bring up the Ocean Grove Camp Meeting Association.

Clue hammer: It's not a church.

Your other link is to a UK story. Geeze.

Not much of a "list."

Bigger clue, it meets all the legal definitions of a church. Even bigger clue, it meets the dictionary definition of a church, a body or organization of religious believers.

I would give you your clue hammer back, but it broke.
 
"In his written decision, Judge Solomon A. Metzger of the Office of Administrative Law found that in March 2007, when Paster and Bernstein filled out a reservation form, the pavilion was a public accommodation.

The judge determined that the Ocean Grove Camp Meeting Association breached its agreement to make the pavilion available to the public on an equal basis. The association was also required to make the pavilion public in exchange for a state tax exemption it received that requires equal access on a non-discriminatory basis. Metzger also noted that while the association is free to practice its mission without government oversight, it had never attached any religious ministry to the wedding venue until it received Paster and Bernstein’s application.
...

The pavilion was used for community and charitable events and the owners of the property, Ocean Grove Camp Meeting Association, received a tax exemption from the state Green Acres program, which provides exemptions to non-profit organizations who use their property for recreational or conservation purposes. An important condition of the exemption is that the property be “open for public use on an equal basis.”

Judge Rules in Favor of Same-Sex Couple in Discrimination Case :: ACLU of New Jersey

Legal justifications are always neat. I am willing to bet you support this one just as fully as you do the one you just quoted.
 
Public accommodations laws are not motivated by government’s desire to protect citizens from discrimination, this is Commerce Clause jurisprudence, concerning Congress’ regulatory authority only, having nothing to do with ‘discrimination.’

Businesses refusing to accommodate patrons based solely on their race or religion would clearly be disruptive to their respective markets, where Congress has both the authority and responsibility to ensure the efficient operation of commerce, as all markets, regardless of size, are interrelated, and ultimately effect interstate commerce.

Hey, asswipe, aka [MENTION=29614]C_Clayton_Jones[/MENTION], you can only use the commerce clause to justify federal laws, not state laws. Until you understand that fundamental aspect of the discussion I suggest you shut the fuck up.
 
Go ahead. List the churches who have been brought to court under the Public Accommodations Laws.

You do understand that churches are not buildings, don't you?

Gay Rights, Religious Liberties: A Three-Act Story : NPR

There are even people that have openly announced that they intend to sue churches.

Couple suing to force church to perform gay marriage - Illinois Review

That a religious organization might be sued in its capacity as a property owner only has nothing to do whatsoever with that religion’s doctrine and dogma concerning same-sex couples. The same-sex couple is merely using the venue for a wedding ceremony, invoking the rites of a completely different faith, or a civil ceremony absent religious rites.

Such a suit would in no way compel the religious organization to ‘recognize’ same-sex couples, or compel the religious organization to perform same-sex marriage, or alter its doctrine or dogma in any manner concerning marriage and same-sex couples.

See my last response to you asswipe.
 
So What What?


Personally I think all (federal and state) public accommodation laws should be repealed and private business owners should recover the right to refuse service for whatever reason they choose.

However my personal opinions don't define reality nor prevent me from discussing laws as they already exist.



>>>>

If the laws are wrong, they are wrong.

According to whom?

You?

You’ll understand if no one finds that the least bit compelling.

According to everyone who has a brain, which includes people like Martin Luther King. You would have been right there cheering on the cops with the water hoses, citing all your favorite cases.

Fuck off.
 
"Wrong" is subjective and therefore a personal opinion. :SHRUG: Some think it is "wrong" for the government to have Public Accommodation laws, and some think that it is "Good" for the government to protect citizens from discrimination.


In my opinion it is "wrong", but that has nothing to do with the functioning of the law. Federal Public Accommodation laws have already been upheld by the SCOTUS and under the 10th States have the power to create their own.


>>>>

There is nothing subjective about a law that requires anyone to attend a wedding they object to.

There is no ‘law’ that requires anyone to attend a wedding he objects to.

This entire thread is about a law that requires people to attend weddings they object to, get a clue.
 
There is nothing subjective about a law that requires anyone to attend a wedding they object to.

There is no ‘law’ that requires anyone to attend a wedding he objects to.

You are aware that the photographer had to attend the wedding. In order to take pictures of the wedding, the ceremony, and all the rest, the photographer actually has to be in the venue.

Don't expect a guy that thinks the commerce clause justifies state laws to make sense.
 

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