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weekev

Is this a test?
Member
Oct 25, 2017
6,215
Being gay isn't the same as holding a controversial faith-based point of view. It's a matter of respecting basic humanity vs enabling an evidence-free opinion.

Human dignity isn't open to negotiation. That's a foundational tenet of civilization. Refusing to bake a cake for gay people because you "disagree" with their core humanity shouldn't be a legally defensible option.

The government should apply the exact same reasoning they'd use to forbid gender- or race-based discrimination. If you own a business that's open to the public, you don't get to decide when and if you'll respect your customers' rights.
Its not a legally defensible opinion. Refusing to put a message on a cake that you disagree with is the point that the legal defence comes in. Its a subtle difference but it is a crucial one. If they had refused because they were gay the supreme court would have ruled against the bakery and they said as much in their ruling.
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
Its not a legally defensible opinion. Refusing to put a message on a cake that you disagree with is the point that the legal defence comes in. Its a subtle difference but it is a crucial one. If they had refused because they were gay the supreme court would have ruled against the bakery and they said as much in their ruling.
To you and anyone else arguing this, how is this not still 100% discrimination based on sexuality? They're denying a service, refuse to make a product, based on their homophobia. "They denied the message, not the customer" is some technically correct "all lives matter" bullshit.
 

Maledict

Member
Oct 25, 2017
4,086
Its more complicated than that. The fact Peter Tatchell and other gay people (like myself!) agree with the ruling shows that.

The fact is, refusing someone because of who they are is illegal, as it should be. But you should not be able to compel people to perform a specific service they don't want to. Gay bakers shouldnt have to make a cake saying "All gay people will burn in hell". Or make giant cock cakes. Or anything else.

As much as we might not like it, religious beliefs are a protected characteristic in British law. And even if they weren't, I fundamentally believe you cannot compel someone to provide a specific service contrary to what they want to do.
 

Spork4000

Avenger
Oct 27, 2017
8,521
To you and anyone else arguing this, how is this not still 100% discrimination based on sexuality? They're denying a service, refuse to make a product, based on their homophobia. "They denied the message, not the customer" is some technically correct "all lives matter" bullshit.

Well because technically correct is unfortunately what matters in a court of law. I'd never argue that the bakers are in the moral right, but legally you couldn't even make them make a cake that supported interracial marriage If they were "morally against it."
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
Well because technically correct is unfortunately what matters in a court of law. I'd never argue that the bakers are in the moral right, but legally you couldn't even make them make a cake that supported interracial marriage If they were "morally against it."
Yes, and that's, in my opinion, fucked up. "the law is morally wrong, but it's the law" is a horrid stance, and if anything, this case has shown me that it should be changed.
 

Jindrax

Attempted to circumvent ban with alt account
Banned
Oct 28, 2017
1,454
Correct decision imo.
Especially given that he wasn't refusing service period, he was refusing the perform the service to the clients specific demands.

I think that there's people in this thread who are jumping the gun and not considering the implications of a supreme court decision in the opposite direction.

Yes, and that's, in my opinion, fucked up. "the law is morally wrong, but it's the law" is a horrid stance, and if anything, this case has shown me that it should be changed.

When you go to law school, one of the basics they teach you in the first year is that the law is neither logic, moral, fair or ethical.
The law is the law. The courts and judges try to uphold the law firstly by the written word of it, secondly by interpretation (contintental systems mostly, not talking about common law).
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
When you go to law school, one of the basics they teach you in the first year is that the law is neither logic, moral, fair or ethical.
The law is the law. The courts and judges try to uphold the law firstly by the written word of it, secondly by interpretation (contintental systems mostly, not talking about common law).
Yeah, the court decided "correctly", I understand that. Which is exactly why I said that the law itself needs to be changed.

think that there's people in this thread who are jumping the gun and not considering the implications of a supreme court decision in the opposite direction.
What implications?
 

Deleted member 10193

User requested account closure
Banned
Oct 27, 2017
1,127
haha, I wonder if they are going to challenge it.
giphy.gif
 

Bernd Lauert

Banned
May 27, 2018
1,812
Can't force someone to create something. I think it's the correct decision since they didn't outright refuse service.
 

SugarNoodles

Member
Nov 3, 2017
8,625
Portland, OR
To you its a political view. To the Catholic Church, it's a religious belief. I don't see how this is even in dispute.

If a woman asks a catholic bakery to make a cake that says "pro life is wrong" and the bakery refuses, is the bakery refusing because she is a woman or because they don't agree with the message? Clearly, abortion is a right that only women possess. By refusing, is the bakery saying women do not deserve this right?

This is the argument you appear to be making - gay people are a protected class; gay people have the right to marry; by refusing to make a cake that supports gay marriage the implication is the baker is saying gay people do not deserve the right to marry therefore discriminating against a protected class.

Like I said, it goes both ways.
You don't understand that a Catholic person's right to be catholic isn't infringed upon by other people getting abortions, just like a catholic person's right to be catholic isn't infringed upon by gay people getting married.

No one is saying that the catholic baker has to get an abortion or get married to a person of the same sex.

A catholic baker shouldn't have to bake anything that says "Catholics should burn"

The fundamental difference between being able to practice faith and being able to infringe on the rights of others that people somehow don't get is really disturbing.
 

SugarNoodles

Member
Nov 3, 2017
8,625
Portland, OR
When you go to law school, one of the basics they teach you in the first year is that the law is neither logic, moral, fair or ethical.
The law is the law. The courts and judges try to uphold the law firstly by the written word of it, secondly by interpretation (contintental systems mostly, not talking about common law).
That's a really dumb point to bring up here because laws fucking change and it isn't the job of lawyers to determine that.
 

Jindrax

Attempted to circumvent ban with alt account
Banned
Oct 28, 2017
1,454

Off the top of my head (I'm not expert in this branch of the law, I do tax) I'd see such a ruling to be twisted to imply that you cannot refuse service to a client based on the nature or implication of their request.

I mean for instance, I've refused a pro bono case because the guy was a nazi being accused of racism. I told the president of pro bono association that I refused as it doesn't allign with my beliefs or values.

Imagine I was practicing in Ireland, such decision could give presedent for the nazi to sue me based the "discrimination" he suffered (granted he'd have to prove damages).

I mean even I've seen presedents being twisted for far worse a lot easier than this. It would be a bit of a mess.
 

weekev

Is this a test?
Member
Oct 25, 2017
6,215
You don't understand that a Catholic person's right to be catholic isn't infringed upon by other people getting abortions, just like a catholic person's right to be catholic isn't infringed upon by gay people getting married.

No one is saying that the catholic baker has to get an abortion or get married to a person of the same sex.

A catholic baker shouldn't have to bake anything that says "Catholics should burn"

The fundamental difference between being able to practice faith and being able to infringe on the rights of others that people somehow don't get is really disturbing.
Yeah but medical professionals can refuse to perform abortions if they are catholic, which is where the comparison would be fair.

Edited to add, also it is not someones right to make someone bake a cake just cos they handed over money. That is a service which in this instance was refused.
 

Jindrax

Attempted to circumvent ban with alt account
Banned
Oct 28, 2017
1,454
That's a really dumb point to bring up here because laws fucking change and it isn't the job of lawyers to determine that.

Dude, did you even read the post that I quoted? He was saying that the law is unethical. Beitso it's still the law and as you pointed out, as long as it doesn't change that's the way it is. it's not up to the Judge to find a "fair" solution.

That's the point being made here :p silly sausage
 

SugarNoodles

Member
Nov 3, 2017
8,625
Portland, OR
Yeah but medical professionals can refuse to perform abortions if they are catholic, which is where the comparison would be fair.
Where are you even getting this from? You have to specifically go to school and be trained in order to administer and abortion. In what situation could a medical professional possibly end up in a situation where they have to perform a surprise abortion?

Like this isn't starbucks where your shift changes and suddenly you're making coffee for the morning commuters instead of closing shop.

This is just an indication of how absurdly made up the "persecution" that Christians face is.
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
Dude, did you even read the post that I quoted? He was saying that the law is unethical. Beitso it's still the law and as you pointed out, as long as it doesn't change that's the way it is. it's not up to the Judge to find a "fair" solution.

That's the point being made here :p silly sausage
Then you slightly misunderstood what I said.
I said that simply accepting a law as it is is horrid stance, not for the court, but for society. We should strive to make laws ethical. So your response didn't really work, you were the one who made my post about a specific group.
 

SugarNoodles

Member
Nov 3, 2017
8,625
Portland, OR
Dude, did you even read the post that I quoted? He was saying that the law is unethical. Beitso it's still the law and as you pointed out, as long as it doesn't change that's the way it is. it's not up to the Judge to find a "fair" solution.

That's the point being made here :p silly sausage
If you agree that the law should change then pick your damn battles.
 

DevilMayGuy

Member
Oct 25, 2017
13,577
Texas
Sure but that means that the medical professional doesn't perform abortions for anyone, not just a select group of people.
Right, kind of like how this bakery likely wouldn't make a cake with that message for anyone, not just for a select group of people.

I'm personally of the mind that they should have just made the cake to avoid all of this controversy, but I also don't necessarily agree that having a business means that you're beholden to any and all requested custom commissions from clients. Personally, I would just take their money and write the damn thing. But also, personally, I would have just gone to a less bigoted cake shop to get a cake made by people who aren't opposed to my lifestyle.
 

DevilMayGuy

Member
Oct 25, 2017
13,577
Texas
The equivalent would be that they wouldn't do custom messages on cakes for anyone.
Nah, because in the doctor analogy, the doctor likely performs procedures of a different nature on everyone. Or was the scenario about a doctor who only does abortions refusing to do abortions, aka an unemployed person?
Either way, most analogies fucking suck lol. No need to drag this further off topic for something as silly as a flawed analogy.
 

Jindrax

Attempted to circumvent ban with alt account
Banned
Oct 28, 2017
1,454
Then you slightly misunderstood what I said.
I said that simply accepting a law as it is is horrid stance, not for the court, but for society. We should strive to make laws ethical. So your response didn't really work, you were the one who made my post about a specific group.

Howso? I merely meant to say unfair or not the laws the law period. If you don't agree you need to either go to ECJ or get involded in politics.
I wasn't making a retort or offering an alternative or solution. Just that there's a meriad of these decisions that can construed as unfair. It's just a perverted effect of the legal system.
The law is always behind on the facts and creates issues.

If you agree that the law should change then pick your damn battles.

I don't think you understand a single world of any of the posts I wrote? But that's okay.
 

Kinthey

Avenger
Oct 27, 2017
22,327
From the previous page
Human rights campaigner Peter Tatchell told the ABC he was very pleased by the decision.

"Let's put things in reverse, I wouldn't feel comfortable with a gay baker being forced by law to decorate a cake with a message against gay marriage," he said.

"If this had been upheld, it could have potentially meant that a Muslim printer could have been obliged by law to publish a cartoon of Muhammad.

"This upholds a really important principle."
http://mobile.abc.net.au/news/2018-...ry-has-supreme-court-win/10363112?pfmredir=sm
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
Howso? I merely meant to say unfair or not the laws the law period. If you don't agree you need to either go to ECJ or get involded in politics.
I wasn't making a retort or offering an alternative or solution. Just that there's a meriad of these decisions that can construed as unfair. It's just a perverted effect of the legal system.
The law is always behind on the facts and creates issues.
I'm not sure why you're saying the bolded. It's clearly not true, the law changes all the time.
 

Deleted member 4461

User Requested Account Deletion
Banned
Oct 25, 2017
8,010
Look im as liberal and pro gay as anyone, but in this case, i dont think anyone should be compelled by law to do something like this if they dont believe in it. Like if i ran a print shop i wouldnt want someone coming in telling me "You have to print all my Trump 2020 posters or ill sue you". No. fuck out of my shop with that shit. Do i think its shitty and bigoted of the cake shop owners? Yeah, theyre pricks. But as i said, i wouldnt want someone telling me that my business has to create something with a logo on it that is against MY beliefs either

Yup, this is my stance.
 

JMeth

Banned
Oct 29, 2017
251
Illinois
Homophobic? Idiots? *rolls eyes* having some nobody off the street, walk into YOUR business and demand you make a cake pushing some controversial agenda/slogan that you as a person or a business may accept on a morality level, but don't approve of on a religious and personal basis .. lol let me stop you right there, that's not how this world works.


The real issue is that you and others find gay rights and being in favor of them controversial. It should not be controversial at all to ensure all individuals within a community are shown equality and given the same basic rights. Hell it shouldn't be considered an "agenda". It should just be normal behavior. Your religious beliefs shouldnt ever be a barrier to possessing common decency, if they are then it is your religion in error, not the "agenda".
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
Right... but not necessarily by judges. Hence why he said it takes politics to drive those changes. I think you two are talking past each other.
No, I completely understand what he means, it's just a weirdly specific thing that's unrelated to what I said, which I keep pointing out. He's taking what I said and misinterpreting it, which bothers me.

In my opinion, that just shows how terrible religions are for a secular society
 

Jindrax

Attempted to circumvent ban with alt account
Banned
Oct 28, 2017
1,454
I'm not sure why you're saying the bolded. It's clearly not true, the law changes all the time.

Yes? And until it does the judges uphold the current set of rules in place?

Right... but not necessarily by judges. Hence why he said it takes politics to drive those changes. I think you two are talking past each other.

I think so too, but I'm glad what I'm trying to say is clear enough that someone understands what I mean haha.
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
Yes? And until it does the judges uphold the current set of rules in place?
Okay, last message from me concerning this specific post chain:
I never mentioned judges in the post you quoted originally, so I'm really irritated by you mentioning them again and again.
I completely understand what you mean and have so from the start. And you're right, I just don't like that you presented it as a counterargument to what I said
 

Deleted member 4461

User Requested Account Deletion
Banned
Oct 25, 2017
8,010
It is discrimination because the desire to not write it is 100% bigotry. People don't see it as discrimination because conservative fuckhead racists have screamed so loud that gay marriage is a political issue that some folks take it as truth similar to how loud idiots declare climate change is a hoax. The way this issue is framed is just shameful because a lot are buying into thay gay marriage is a political issue.

Everything is a political issue. I think it's bad that people think there are "political issues" and "moral issues," because they think they can safely ignore the former.

Politics is real life, and that applies to this case as well.
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
Not forcing a muslim to print a picture of Muhammed doesn't seem like a terrible effect on society to me.
I meant it the other way around. Its a real issue, and it makes changing legislation to prevent cases like this cake harder, exactly because I agree that the Muhammed print thing would be unacceptable.
Religious rules making it harder to pass legislation to prevent discrimination.
 

Deleted member 39450

User requested account closure
Banned
Feb 3, 2018
476
Boston, MA
I'm not sure why you're saying the bolded. It's clearly not true, the law changes all the time.

In this case, I don't think it's the law that has to change, it's the religion (or practice of). People have been selectively picking and choosing which parts of the bible are to be taken literally for over a century now. If this baker had refused to bake a cake for NAMBLA, we wouldn't even be discussing the merits of the case.
 

ItIsOkBro

Happy New Year!!
The Fallen
Oct 25, 2017
9,515
Its more complicated than that. The fact Peter Tatchell and other gay people (like myself!) agree with the ruling shows that.

The fact is, refusing someone because of who they are is illegal, as it should be. But you should not be able to compel people to perform a specific service they don't want to. Gay bakers shouldnt have to make a cake saying "All gay people will burn in hell". Or make giant cock cakes. Or anything else.

As much as we might not like it, religious beliefs are a protected characteristic in British law. And even if they weren't, I fundamentally believe you cannot compel someone to provide a specific service contrary to what they want to do.
thankfully there are hate speech laws against that burn in hell cake

and terms of service for profanity against that cock cake
 

Westbahnhof

The Fallen
Oct 27, 2017
10,108
Austria
It is true. The law is the law at an instant in time and judges make decisions based on that. They don't make decisions based on what the law will be.
You probably didn't follow the whole exchange, but I have not mentioned the court, the judges, the lawyers. I have made the general statement that the law needs to be adapted in my opinion, and it is absolutely irrelevant that the people taking care of this case need to follow the law. What "they" have to do under current law just supports my statement that I think the law is not good enough.
"The law is the law, period" is not true, as there is no period. The law is the law, until it isn't, because laws can be changed.
 
Jun 2, 2018
812
Northern Ireland
There is only one winner in this case, the lawyers. £500,000 in legal fees is ridiculous.

I was kinda undecided on this case until I heard how much this actually cost.

There's no way this should have ever got this far. It's an absurd waste of public money, which has resulted in a lost case for the man who initially pushed against them. It's a disagreement over a cake. Dearie me.
 

Maledict

Member
Oct 25, 2017
4,086
thankfully there are hate speech laws against that burn in hell cake

and terms of service for profanity against that cock cake

That wouldn't be hate speech, and you won't find a police force in the country that would prosecute someone for it. Ordering a cake with a particular message for consumption in your own home or party is not hate speech.
 

weekev

Is this a test?
Member
Oct 25, 2017
6,215
Where are you even getting this from? You have to specifically go to school and be trained in order to administer and abortion. In what situation could a medical professional possibly end up in a situation where they have to perform a surprise abortion?

Like this isn't starbucks where your shift changes and suddenly you're making coffee for the morning commuters instead of closing shop.

This is just an indication of how absurdly made up the "persecution" that Christians face is.
I'm getting this from the fact my wife is a nurse and some of the Muslim/christian nurses and doctors are allowed to opt out of abortions unless its a dire emergency.
 

The Freqa

Banned
Nov 2, 2017
41
User Banned (Permanent): Homophobia. History of similar behaviour. Account still in junior phase.
Common sense prevailed! Being Christians they believe in Adam & Eve not Adam & Steve. They done absolutely nothing wrong in turning down the order!

Instead of the gay couple going elsewhere and getting a cake made like any other normal persons would do they do they ran to the courts. I hope Gareth Lee has a huge legal bill. 4 years of nonsense!

Belfast is a great city and sure they will rally round the bakery and i'd put money on it doing better than it ever has before after an awful 4 years
 

Bramblebutt

Banned
Jan 11, 2018
1,858
Common sense prevailed! Being Christians they believe in Adam & Eve not Adam & Steve. They done absolutely nothing wrong in turning down the order!

Instead of the gay couple going elsewhere and getting a cake made like any other normal persons would do they do they ran to the courts. I hope Gareth Lee has a huge legal bill. 4 years of nonsense!

Belfast is a great city and sure they will rally round the bakery and i'd put money on it doing better than it ever has before after an awful 4 years

Not to belabor the point of someone who's just been banned, but what sense does it make to emulate the relationship of Adam and Eve in any way, considering they were the ones responsible for the original sin and condemned us all to die? I always found the whole "Adam and Eve, not Adam and Steve" slogan ridiculous.
 

rjinaz

Avenger
Oct 25, 2017
28,405
Phoenix
Not to belabor the point of someone who's just been banned, but what sense does it make to emulate the relationship of Adam and Eve in any way, considering they were the ones responsible for the original sin and condemned us all to die? I always found the whole "Adam and Eve, not Adam and Steve" slogan ridiculous.
Religion and homophobia? There is no sense to be had here. Just perceived righteousness and hate.
 

Evan

Member
Oct 27, 2017
922
I don't see anything wrong with this, but I know I'm in the minority here on this forum.
 

Bramblebutt

Banned
Jan 11, 2018
1,858
I don't see anything wrong with this, but I know I'm in the minority here on this forum.
I wouldn't say I don't see anything wrong with it, since there's something clearly wrong about someone not being comfortable with the existence of gay people, but I believe artisans should be protected from making compelled speech in the form of written slogans on their work, even as much as I think their objections are ridiculous. In this extremely marginal circumstance, I think they have a right not to be told what to say through their work, but that they don't have a right to deny service based on who is asking for it and what they are using it for. But this should only apply to artisanal products that directly reflect the creator's artistic craftsmanship, not mass produced products where the design is entirely up to the customer, such as the case of printable decoration. Those should only be allowed to be refused on the basis that they are potentially criminal and represent a liability to the person or company.