Bridal shop refuses to sell gowns to same-sex couple

I was actually going to say the same thing, actually, as we got closer to “automated lock-down” on this comment thread.

It’s clear I’m in a minority opinion here, and that’s fine. I don’t harbor a belief that I’m going to convince the various participants, and (I don’t think anyway) they think they’ll convince me.

IMHO, “Internet political debate” isn’t about changing the minds of the participants, it’s about each side making their case so the “undecideds” (the ones who read the thread but don’t yet care enough about either position to get involved) can hear the “best arguments from both sides” and decide for themselves what they think about the topic.

Ad hominem attacks, logical fallacies, etc., do nothing to help that, so it’s best to stay away from them (and I like to think I did OK in this regard, and I certainly think most of the rest of the parties to this thread likewise presented their cases well). What the “undecideds” make of it remains to be seen. :slight_smile:

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Finally! Something we agree on!

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I wasn’t aware that there still exist a substantial number of people who are “undecided” about whether non-hetero people deserve to be free from discrimination.

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You don’t need to change. I just think you’re wrong on this point.

I wasn’t being insulting. I was stating a fact.
You clearly really don’t understand how law (when correctly written) is applied.
(and also clearly didn’t know what rules apply to the creation of a private club as a legal entity)

It’s applied evenly.

That means when a person opens up a commercially public establishment, they either are required to accept all comers - or be discriminated against themselves.

The same people who want to apply these laws don’t want anyone to discriminate against them, because they believe that they are “in the right” (and in charge) and therefore there’s no reason for anyone to do so. So, they’ll happily be bigoted toward Asians, but eat at Chinese restaurants - or toward Jews, but eat at Jewish delis. They also expect homosexuals to provide commercial services to them - without question, even though they’re straight and fundamentally opposed to them - but want the one-sided right to discriminate against the LGBT population as a class.

The law doesn’t work like that, and you really don’t understand that.

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An easy distinction? I’m not so sure. It does seem to be an interesting one, ripe for exploration with thought experiments, though. Do you likewise believe that it should be my right, should I so choose to (and I’d like to point out that I in no way would wish to do this but it’s for illustrative purposes), walk around nude and masturbate in public, say, at the place where your child waits for the bus to school, or to follow you around in public and do it anywhere you go? After all, you could argue nobody’s being directly harmed, and therefore nobody has the moral authority to compel me to do otherwise. You don’t have the moral authority to beat me up, or lock me up, all you can do is morally censure me. Maybe I don’t give a damn about that, though, I’d kind of have to be kind of messed up to do this kind of thing in the first place, so, it’s reasonable to assume I might also not be bothered by your censure or your yelling at me to stop.

Or perhaps you’d argue that the child, at least, if not both of you, is actually being harmed by being exposed to that type of behavior. Fair enough… I’d even agree, wholeheartedly! It is indeed a disturbing behavior that might seriously adversely affect your life or the lives of others. But I would submit that people are actually being harmed by a being exposed to an environment where they get refused service that everybody else gets based on their race, gender, religion, or sexuality. Both contribute to a pretty toxic environment if people were allowed to do that and we can’t compel them to do otherwise. So where is the line now, then? Personally, I’m fine with restricting the rights of people running public businesses to refuse service based on bigoted reasons (can you come up with a non-bigoted example of where somebody would want to use this right you’re so desperate to preserve?) in order to avoid this toxic environment that harms already disadvantaged people, as I am in restricting the rights to do certain self-affirming acts in public in order to avoid the toxic environment that somewhat-indirectly harms children and people going about their own lives. It seems perfectly consistent to me. Living in a society is a balance and harm isn’t always direct physical harm.

And if you don’t think it’s appropriate to restrict the rights of people to get naked and do lewd acts in public (up to the point where they actually make physical contact with another person), well, then you do not advocate a society I’m interested in living in. Nor do you advocate such a society when you think it’s inappropriate to force businesses to serve people regardless of their race, religion, sexuality, etc. That’s just how I want to live, though. As far as I’m concerned, you’re welcome to try both out options in your own libertarian paradise once you form it… let me know how it goes… (but please, no postcards!)

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(sigh)… Yes, I really do understand how law is applied. You’re arguing about “the current state of the law”, and I’m arguing that the current state of the law is broken. So you can spout off about how the law is written, or how it’s applied, blah blah blah, to your heart’s content, but it’s not an effective argument against my position/beliefs because I fundamentally disagree with the laws on the books.

I would actually be “OK” with that. I mean, I’d think you were crazy-perv, make no mistake, and I’d use you as a “textbook example” to those hypothetical kids as “someone you should run the hell away from at top speed and find a responsible adult”, but, no, you are not harming someone else.

Slowly working on trying to get it going here. Problem is all the nation-states have claimed all the usable territory on the planet with any decent natural resources. And when it’s a philosophy that refuses to impose its view on others, you can’t actually “conquer a territory to make it a libertarian nation-state” :slight_smile:

It’ll take some time (on the order of centuries, I’m sure) but we’ll get there eventually.

And since we seem to be wrapping up here, for the most part…

Mindysan: my thoughts in reply are best summarized by the sentiment here:

You game? :slight_smile:

Actually, I never said anything about “the current state of the law” - only you did. Law, all law, all the time, is supposed to be applied evenly or shouldn’t be applied at all. That’s why I wrote:

I’m not just talking about this one law or this one instance.

All of this falls under the legal concept of “equal protection”. Even the thing you’re railing against has to do with this idea and it IS a constitutional concept. As I already said, people entering into business are entering into contracts, and therefore are entering into contract law. They also legally represent the economy of their locale, and determine local planning. You keep failing to understand this, but I’m perfectly serious about the fact that you really do not get the idea. All you need to do is spend some time with the Encyclopedia Britannica.

equal protection, in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. In other words, persons similarly situated must be similarly treated.

Equal protection does not solely apply to “public entities”. It’s the concept that a law will be honored equally across all groups, and it is a basic concept of American law.

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Even if I couldn’t – should we wait that long and roll back the core of civil rights in the process?

Coming at it from the long way around: i would argue that communities which allow casual discrimination create an environment where more radical discrimination is both acceptable and common place.

In that respect, oxygen has been denied – figuratively and literally – to LGBT folks in the US. If you doubt that at all, read up about people like Matthew Shepard and listen to some of the stories from people on places like It Gets Better.

America can be a nation where we allow discrimination, or we can foster a place that truly allows everyone to live free. I don’t think we can do both.

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Well, I still think you’re pretty wrong, but we can certainly agree to disagree!

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I was psyched when you went down this line of reasoning, and I really think it’s a critical point to be made here, and, perhaps only coincidentally, the only point that hasn’t been rebutted. Libertarian philosophies seem to be based on an idea that protection of the ownership of property is the only justifiable kind of government enforcement. However, this idea is either treating property as some kind of infinite resource, where everyone can have as large a parcel as they desire, or that everyone is “spawned” onto a parcel of land that was created for them, and by the rules of the “game” it is naturally theirs to do with what they please. This thinking is at distinct odds with reality. Clearly @DerekBalling even acknowledges that land is a limited resource, having decried the lack of available lands wherein to establish the libertarian utopia (minecraft?)

This totally ignores the idea that ownership of property takes that property away from someone else, essentially robbing them of the opportunity to use it in the way that they see fit. The only way to gain ownership of land was at one point to literally rob people of it, quite bloodily, or to occupy it “F1RST!!11!!” thereby preemptively robbing future people of their opportunity to use it. There is hardly an acre of soil on the earth that didn’t become “property” through violence, then defended through threat of violence, then exchanged with other parties, throughout history, with the threat of violence hover over all the proceedings, protecting the “rights” of the “owners” to pass ownership.

There is nothing natural about ownership of farm land, space downtown where people like to shop, or that sweet strip mall right off of route 91. It is no more heineous for there to be laws about civil rights of people than there is about enforcing property rights. So, the law, roughly speaking, strikes a balance between giving individuals the rights within their sphere to do what they need to do to be happy and successful. The balance often depends on the level of public-ness of the activity. sitting at home, highly private activity, in a very private sphere, not much justifiable intervention. We can all live roughly the way we want. But business space in the public market is limited, and regulation, whether wild west, or state-sponsored, is going to appear in some form or another, and start making and enforcing “law”. In this case, the state is making a rule and saying “You must serve homosexuals” they’re saying “Either serve everyone, or get the hell out of the way, so someone else can make better use of that limited public space, trolley.”

I return to my previous point as well. Law, and government are just people, organized, and making decisions and enforcing them. It happens everywhere, you can only shape it. Without anti-discrimination laws, you’re pretty much asking for people to fight it out in whatever strange posses tend to form around the shifting sands of common cause. And when all the posse’s form based on their relative numbers, you can guess (or read about) how minority populations tend to fare. Why do you (@DerekBalling) insist that disorganized groups of people vaguely vote on clear moral questions, rather than the (slow, plodding, overly careful) process of collective action we call civil rights law?

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Because fundamentally I don’t believe in “majority rule”. I don’t believe any one group of people has any “authority” over another group of people.

Thus the community deciding “organically” what to support and not support, as opposed to “authoritatively” so deciding is in line with my belief system.

how big does whatever organizing structure for making common decisions have to become before it crosses a line into becoming an “authority?”

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The rule of law is what replaces active bloodshed. You have a choice, either people will rule by agreed upon laws (force of will and unity of thought) or they will rule through blatant physical force. I’m guessing you’ve never lived under that kind of rule or in that kind of turmoil - because only someone who hasn’t would wish it.

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I wish people would either run a business or a church. Please choose one or the other.

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These days, churches are a big business.

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That you think “law” is anything other than “physical force given a pretty face” says a lot.

“Law” is nothing more than “50.1% of the people decided they’re going to authorize the use of force on you if you fail to do as they say.”

If you take a wider definition of what it means to “rule” i.e. that to rule is to use whatever advantages and power one has to define the landscape of a community, then you do believe in majority rule following your seemingly game-theory derived rules for operators in the world. Businesses shape the landscape and their attitudes and actions targeting the individuals making up the communities in which they are allowed to operate publicly shape the reality of those individuals living there. Communities are groups of individuals living in a space who have the ability to use collective action (government) to make reasonable checks on the power that businesses (which are essentially other, smaller collective power holders) to change the environment (In this case, making it hateful and disgusting).

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That a government determines who is “allowed to operate” in the first place is wrong. If you don’t want them to operate there, buy the property before they do.

Then the megacorporations just buy the land and establish their own “law”.

Do you want to live in that kind of world?

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