View Single Post
  #23 (permalink)  
Old 10-04-2015, 07:20 AM
Surly's Avatar
Surly Surly is offline
PW Enlightenment
 
Join Date: Mar 2013
Location: Midwest
Gender: Male
Posts: 7,299
Thanks: 2,822
Thanked 3,069 Times in 2,400 Posts
Default Re: From Bakers Who Refused to Make Cake for Lesbian Couple

Quote:
Originally Posted by ShivaTD View Post
Not surprisingly you confuse the "natural/inalienable right of property" with the statutory right to operate a business. No one has a natural/inalienable right to operate a business because a "natural/inalienable right in inherent in the person, not dependent upon another person, does not violate the rights of another person, and does not impose an involuntary obligation upon another person."

Commerce is always dependent upon another person (i.e. it's not a natural/inalienable right) and business enterprises are licensed by the state. That business license includes the requirement to comply with all statutory laws which include anti-discrimination laws.

Now if the bakery wants to establish a criteria, such as "no shirt no service", it can do so as long as it applies that same criteria to all customers. It can also establish "sexual orientation" as a criteria where it refuses service to anyone that has a "sexual orientation" of any kind without discrimination. Of course it wouldn't have many customers because virtually everyone has a sexual orientation of some kind. What it can't do is impose selective criteria such as refusing to serve blacks, Jews, lesbians or gays. That is discriminatory and in violation of the Civil Rights Act and statutory anti-discrimination laws.

As noted this case was no different than discrimination based upon race or religion because it was based upon the nefarious criteria of specific sexual orientation. It was a civil rights case because the business, operating under the statutory laws, engaged in discrimination which is prohibited by the statutory laws.

If the bakers want to discriminate in making cakes and providing them to people of their choice then they're welcome to do that but they can't sell them commerically under their business license.

I don't really understand why Republicans advocate for lawlessness in our society. We have laws and we must either follow them or face the consequences if we don't. The bakers violated the law and have to face the consequences for their actions.
i dont think the Republicans were even very comfortable with civil rights apply ing to "them" people. And if a single one of these wedding cake court cases wins for the right it will be the end of civil rights. The Republicans can lead us back to the 50's.
__________________
"I am the chosen one."

-Donald
Reply With Quote
The Following User Says Thank You to Surly For This Useful Post: