Businesses can discriminate against their customers? Alright then...

3 years ago by minimar to c/maliciouscompliance

jadedwench 348 points 3 years ago

Transcription for the blind: Storefront with two paper signs taped to the window. Left sign says "Since the supreme court had ruled that businesses can discriminate...NO SALES TO TRUMP SUPPORTERS. Right sign says "We only sell to churches that fly the pride flag" and has an illustrated image of a pride flag and a church.

-Transcription done by a human volunteer. Let me know how I can do better.

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TwoGems 66 points 3 years ago
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Thedogspaw 42 points 3 years ago

Good ai human not robot

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Thunder_Caulk 19 points 3 years ago

*hand out treats

Good human

Good human

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GrandpaDJ 28 points 3 years ago

Good human

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denhafiz_ 20 points 3 years ago

Thanks dude. You make the world a better place.

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KSPAtlas 16 points 3 years ago

Thank you, I'm not blind but I appreciate you helping out others

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PhinaryDivision 2 points 3 years ago

good bot human

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IAmNorRealTakeYourMeds 1 point 8 months ago

you earned some headpats, good job

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JustZ 262 points 3 years ago

This was always legal. I'm an attorney, I do not represent any Trump supporters. If a client says something favorable about trump, they are no longer my client. They are just too stupid, judgement too poor, don't understand difference between reality and fantasy. They make the absolute worst clients.

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Zyansheep 80 points 3 years ago

I'm not sure about discrimination against customers based on ideology, but I'm pretty sure you can't discriminate against customers based on protected class (sex, race, orientation, etc.) What this supreme court case does (IIUC) is that companies are now allowed to not provide services to protected classes if those services constitute speech. So if you are a restaurant owner, or a hotel, you still can't refuse a gay couple, if you are a cake designer, you can't refuse to make a cake, but you can refuse to do anything remotely gay-related to that cake, if you are a web designer, you can refuse to make something altogether because the government can't restrict or compel speech (and graphic design is speech).

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Chocrates 25 points 3 years ago

The problem is it is vague imo. Baking a cake could be speech to this court

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obviouspornalt 15 points 3 years ago

Baking the cake is definitely not speech ( although I appreciate your point about this Court interpreting it that way).

However, decorating the cake could reasonably be construed as speech, especially if there is text, logos, etc in the decoration.

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Chocrates 8 points 3 years ago

Gotcha, yeah I agree. I personally don't think a website designer building something for a client is either. But we live in a dystopia right now. Hope you are doing well this evening.

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Zyansheep 2 points 3 years ago

I think that was the majority opinion's goal, they think the line between what is speech and what isn't should be spelled out more minutely with more legal precedent rather than what we had before where all speech in relation to selling a service was regulated under anti-discrimination statutes.

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Vorticity 21 points 3 years ago

Money is speech, right? Does that make the ramifications of this decision go a lot farther? I don't see how yet, but it seems like this ruling may have broad impacts when people start getting creative with it...

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meteotsunami 15 points 3 years ago

Bold assuming the corrupted six ever used anything close to consistency to inform their rulings.

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SoleInvictus 15 points 3 years ago

I mean, there's one thing that's pretty consistent: they'll do whatever their wealthy backers want them to do.

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PillowTalk420 4 points 3 years ago

money is speech, right?

I mean, they do say that "money talks" and last time I checked, talking is a form of speech.

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damnYouSun 8 points 3 years ago

This is a problem with the US legal system. Every decision is a precedent, no matter how specific it is.

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Zyansheep 4 points 3 years ago

Well, Roe v Wade set a precedent, which was then reverted ~50 years later, so I'm not sure how much precedents apply to the supreme court (it definitely applies to lower courts tho)

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Belgdore 2 points 3 years ago

This is how common law everywhere that England colonized works. It’s not endemic to the US.

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flambonkscious 34 points 3 years ago

...I feel like you've got some stories you could be sharing

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axtualdave 24 points 3 years ago

If they're trump supporters... they probably wouldn't be paying you anyway.

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JustZ 8 points 3 years ago

Nah. Many of them have stumbled their way into money. Lots of trade people and small businesses, which makes up my typical clientele, others are sons and daughters of second or third generation union humps. Many grew up with one working parent being able to provide and that union parent has one or two pensions and is still hustling jobs. So, many of them can afford a lawyer. They are unfailingly whiney babies who are an awful combination of privileged existence and self agrandizement. I blame social media for validating their most half-baked ideas and emotional reactions.

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axtualdave 7 points 3 years ago

I'm sure they can afford a lawyer. I was more referring to the link between being a Trump supporter and Trump's own ... habit of not paying his lawyers.

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Snekeyes 6 points 3 years ago

trump griftes any monies left

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Draegur 11 points 3 years ago

I mean, yeah, at that point they're just a big fat liability.

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teuast 8 points 3 years ago

And they learned it from watching Trump.

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0xb0b 7 points 3 years ago

This guy laws

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0xb0b -3 points 3 years ago
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007v2 194 points 3 years ago

Those signs won’t stop them because they can’t read

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MightyWeaksauce 37 points 3 years ago

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Psychlops 23 points 3 years ago

🤣

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Pandantic 0 points 3 years ago
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HPTF 159 points 3 years ago

Quick side note: you are within your rights to refuse service based on political affiliation full stop -- it's not protected under the equal protections clause.

That being said, the issue is not about denying service full-stop, but the right to refuse expression of values you find to be wrong. Believe it or not, these cases are important for everyone and guarantees that the state can't force you to create messaging in support of (i.e. endorse, which is a form of speech) something you disagree with.

It's not granting the right to discriminate. It's protecting your first amendment right to not be compelled to engage in speech you disagree with.

For example, say I go to a bakery run by devout Muslims and request a cake that depicts a cross with the phrase "only through Jesus may you find eternal life" underneath. That baker may be uncomfortable with the idea of creating that design as it not only goes against their own sincerely held beliefs, but may conflict with some negative views they may hold of Christians or Jesus (or even the particular denomination of the customer).

That Muslim baker has every right to refuse the design of the cake on free speech grounds. Religion is a protected class in the equal protections clause, so the Christian may feel like they're being discriminated against, but it's the message (which is considered to be speech) and not the individual being a Christian causing the issue.

That Muslim baker cannot blanket-refuse any Christians from buying any cakes. If that Christian customer instead asks for a blank cake that they'll decorate themselves, the baker must sell it to them or else they are violating the equal protections clause. In that case, service is being refused based on the traits of the customer rather than on the particular message being expressed on the cake.

It's silly and I think people would be better off just accepting the work and taking the money. If I was aware of a business that made cakes, websites, whatever -- but refused certain designs based on their personal views, I would simply discontinue any further support of them. I'd prefer a business who puts their own shit aside and serves whomever wants to pay them.. but to compel them to suck it up and either compromise on their views or close up shop is directly contradictory to one of the most important rights we recognize here -- to speak freely and without cohersion from the state.

The business owner isn't doing anything wrong with their signs, but they're completely missing the point of the decision and comes off as a bit silly.

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FaeDrifter 82 points 3 years ago

What you described was not the actual outcome of the ruling.

The wedding website designer did not give them a website with no mention of being gay, that they could fill in themselves. The website designer was allowed to fully refuse them any kind of website at all. Just like refusing a blank wedding cake because the couple is gay.

The justification of the decision was not in good faith. It stepped away over the bounds of protecting against compelled speech. And they deserve to feel the consequences.

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fubo 56 points 3 years ago path: 0 735079 739952 744580, hotness: undefined, score: 56, children: 0
fubo 19 points 3 years ago
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snailtrail -1 points 3 years ago

If the wedding designer has a "blank wedding site" package premade and refused to sell it to them then I don't think that's right. But if all of the websites are bespoke designs where the designer must create something for the couple, it's fuzzy.

Personally, I don't know. There is, and should be, a line between personal life and work life. But depending on what you do for a living, the line can be a thin one or a thick one.

For example, if I churn out hundreds of identical 3D printed characters and sell them at an open-air market, I shouldn't be allowed to single out a customer and refuse business just because I don't like the look of them. But if I'm a graphic artist, I shouldn't be compelled to draw something that I find objectionable. Eg: I might be a woman who has been sexually abused in the past, and someone wants a sexually graphic depictions of a sexual assault (like the Guns 'N' Roses "Appetite for Destruction" cover).

Those examples are easy to comprehend because they're extremes. The difficulty in interpreting the outcome of the case is trying to bring the examples closer to the center.

Can you refuse to sell handpainted greetings to someone you don't like? No. It doesn't matter that it's a creative endeavour. If you created the product without coercion, and are now selling them at a stall in your local town, it's not ok to refuse a simple transaction because you don't like the buyer. What if you also offer a service of writing a message in fancy calligraphy on the inside? Can you refuse to write something you find objectionable? I think so.

I don't think it comes down to who your customer is. I think it comes down to what you're being asked to do.

Edit: lol, what a typo. Thanks swype keyboard!

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FaeDrifter 15 points 3 years ago

Someone else compared being gay to being racist, and now you're comparing being gay to sexual assault.

These are disingenuous comparisons at best, dangerously homophobic at worst.

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snailtrail -1 points 3 years ago

WAT. I was giving extreme examples to illustrate that personal opinions sometimes have zero effect on your work, and sometimes they really really affect your work. And I specifically called out the fact that they were extreme examples:

Those examples are easy to comprehend because they’re extremes.

How the hell was that comparing being gay to sexual assault? How come you didn't use the other example and accuse me of comparing being gay to 3d printing?

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Arodg25 13 points 3 years ago

In theory yes, but what's going to happen now, is 2 obviously gay men will go to that Muslim baker and ask for blank cake they will decorate themselves and Muslim will ask them to leave.

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jmondi 8 points 3 years ago

And if that was the case and they wanted to pursue their legal options, they could sue the baker.

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Arodg25 12 points 3 years ago

They could. And theyll probably have too. The problem with this law is it really sets the tone and reinforces peoples shitty views.

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jmondi 0 points 3 years ago

I definitely agree that stupid people are stupid, and they will either intentionally or unintentionally misunderstand the ruling and skew it to their messed up views. It doesn’t make SCOTUS wrong in this case though.

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FaeDrifter 2 points 3 years ago

So can the wedding website designer be sued for not selling them a generic wedding website with no mention of them being gay, that they could fill in themselves?

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jmondi 3 points 3 years ago

From my understanding, that would be a different case entirely. So yeah, they could be sued.

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two_wheel2 13 points 3 years ago

This is the best take I’ve seen in this thread so far. It’s an issue of compelled speech, not of this or that demographic or ideology of the client or service. I’m not trying to dog whistle here, I hate that any business would exercise this in a hateful way, but another example of the reverse would be compelling a black-owned bakery to write an awful racist message on a cake. Obviously no person should be compelled to say what they don’t believe, regardless of the level of asshattery they dabble in.

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SpaceCowboy 17 points 3 years ago

A lot of shitty analogies abound.

How about these ones:

Is it ok to refuse service to a mixed race couple getting married?

Is it ok to refuse service to a couple, both of whom are black who are getting married?

I think these examples are much closer to the analogies people are coming up with in this thread. Or do you think being gay is an ideology? Is being gay a religion? Is being gay like being a racist?

Or is being gay something that a person is born as? If so isn't this a lot like being refused service because of race?

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two_wheel2 -1 points 3 years ago

The question THIS LAW interacts with is the CONTENT of the message. If you’re providing tables for a wedding this law wouldn’t protect you. If you were asked to write something specific for the wedding and the content of the request is antithetical to your beliefs, this law would protect you, if you could show that. Not a lawyer, but that’s how I read it.

Now. Is it “right” to do so? I would say in absolutely no universe. It’s morally wrong, it undermines our liberal society, and I have no tolerance for it. My point is that this particular law isn’t about whether someone is a Christian, their race, or sexuality. This decision wouldn’t protect me from writing some basic software for a nazi (others might) but it DOES protect me from building a website supporting them, or writing prose related to nazism, or anything else which would be CLEARLY against what I believe. Please DON’T read that I’m saying that being a nazi is the same as being homosexual, it isn’t, I’m not, fuck nazis.

To get back to your question: as I read this decision, a cake maker could potentially be compelled to make a cake for an interracial couple, but they might not be compelled to make a cake with something like “interracial is the only way to go”

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SpaceCowboy 8 points 3 years ago

This all sounds like the staff using religion as an excuse to discriminate against gay people. Doesn't seem all that Christian to me, and in fact it seems like they're taking Our Lord's Name in vain by using it to justify their hateful actions.

But maybe they don't follow the teachings of Jesus Christ and don't follow the Commandments. Even if that's the case, the business is responsible for ensuring that customers aren't discriminated against by staff. If the business owners aren't up to meeting that standard, then they shouldn't be trying to run a business.

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FaeDrifter 1 point 3 years ago

I don't think it makes sense to compare being gay to being racist.

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two_wheel2 2 points 3 years ago

Alright I’m sorry, I don’t either. Which is actually why I pointed out specifically that I hate that anyone would use this in a hateful way. I’m surprised you think that I do think that it’s the same. Is there something in my comment which indicates that I believe that?

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atx_aquarian 13 points 3 years ago

You reached for a completely non sequitur analogy.

compelling a black-owned bakery to write an awful racist message on a cake

It's not at all like that. If you're in the business of making cakes, and if you make cakes that have people's names on them for their weddings, and then you refuse a cake that looks like all the other cakes to a couple because you don't approve of which two consenting adults want their names on the goddamn cake because you just think exactly only one peen should be named in their relationship, that is just bigoted bullshit, and yes, this free country should stamp that shit out and not apologize for it, and we should all burn sparklers and celebrate that this free country offers us all the same freedom to buy a cake from the already-putting-peoples-names-on-wedding-cakes baker. There is no analog there for hateful messages on cakes whatsoever.

Edit: And if I missed your point entirely, I apologize. I'm not trying to be combative with anyone, but I am trying to stop what seems like people rationalizing this situation as having anything to do with free speech. I emphatically believe that it is a shitty excuse to apologize for a clearly biased agenda from the people who wormed their way into the US Supreme Court.

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mochi 6 points 3 years ago

This sets out my own thoughts on the situation as well. Thanks for posting.

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0Anon0 3 points 3 years ago

Very well put

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bozzwtf 1 point 3 years ago

well put

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Thorosofbeer 0 points 3 years ago

"If that Christian customer instead asks for a blank cake that they'll decorate themselves, the baker must sell it to them or else they are violating the equal protections clause."

This is an issue too though. The only person who can enforce the requirement that the Muslim Baker sell the cake is the government and the only way the government can force someone to work is through force. What you end up with is the government using threat of force to require someone to work. Which is slavery at its core. Anyone should have the right to refuse work if they don't want to.

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SeriousBug 5 points 3 years ago

That's not what equal protections meant though. It just meant you can't refuse to serve a customer based on their protected statuses like religion or sexual orientation.

If a church calls you to order a cake but you were planning to take time off work for a while, you could still say no. It was only a problem if you say "no, I don't bake cakes for Christians". That's not slavery. You can stop working, nobody was forcing you. Just that when you do work, you can't discriminate.

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MJKee9 0 points 3 years ago

Only state actors can violate the equal protection clause of the us constitution. The Muslim bakery example doesn't implicate the federal equal protection clause.

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Thorosofbeer -8 points 3 years ago

"If that Christian customer instead asks for a blank cake that they'll decorate themselves, the baker must sell it to them or else they are violating the equal protections clause."

This is an issue too though. The only person who can enforce the requirement that the Muslim Baker sell the cake is the government and the only way the government can force someone to work is through force. What you end up with is the government using threat of force to require someone to work. Which is slavery at its core. Anyone should have the right to refuse work if they don't want to.

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CarbonatedPastaSauce 15 points 3 years ago

Nope, because then you have people saying "I won't sell to blacks, if you force me sell them things I made it's slavery". And they aren't being forced to work, they are being forced to operate under the parameters our society agreed to (via lawmaking). The baker can quit, he's not forced to work there. The shop owner can close up shop, he's not forced to run that business. But if the owner wants to run that business they have to follow the laws of the land which say you will serve the public, and that means all of the public.

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Thorosofbeer 1 point 3 years ago

A Baker should be able to refuse to bake a cake he doesn't want to make. He shouldn't even have to give a reason. Anything less than that is by definition forced labor.

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joshuaacasey 142 points 3 years ago
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damnYouSun 28 points 3 years ago

Wouldn't supplying Trump come under religious belief.

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EcchiSukecchi 12 points 3 years ago

Trump support is a practically a cult.

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CeruleanRuin 5 points 3 years ago

It is also definitely religious-based.

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Draegur 130 points 3 years ago

We reserve the right to refuse service to anyone, for any reason! :D

Especially racist sexist homophobic chud dipshit fascist bootlickers.

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mawkishdave 94 points 3 years ago

To be fair if I see a sign saying they support Trump, GOP, or anti-LGBT I keep walking on by. I have seen many places that say if you are a bigot, sexist, or racist you are not welcome here. Those are the places I spend my money at.

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watson387 42 points 3 years ago

Exactly. A Trump sign at a business guarantees that business won't get my money now or in the future.

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Techmaster 30 points 3 years ago

There's a large grocery store chain here that the owner was at the Jan 6th insurrection. A lot of people, including myself, refuse to shop there now.

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murgus 6 points 3 years ago

Was it Publix? I know the owner’s a huge supporter of conservative causes— really hope she’s not also an insurrectionist. (Asking bc I’m trying to avoid giving business to Walgreens, and just started sending prescriptions to Publix instead.)

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Techmaster 2 points 3 years ago

No it isn't anything that big.

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gorillakitty 14 points 3 years ago

I stopped going to a dentist because her office looked like Trump campaign headquarters. Signs and shit everywhere. She otherwise seemed nice and competent but hell no.

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FlyingSquid 15 points 3 years ago

There's a pizza place in a town near me that has "Make Pizza Great Again" permanently painted on their sign in huge letters. Needless to say, they will never get my business.

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Omegamanthethird 6 points 3 years ago

There's a place near me that I was planning on eating at. Then I saw they had a "Back the Bleu" burger. They won't get my business.

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TempleSquare 12 points 3 years ago

Don't forget the "Jesus fish" on their logo.

I'm from out west, so it was a very foreign concept for me when I visited my sister in Arkansas and saw a lot of "Christian Family Auto" type places with Jesus swag trying to win over business.

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TempleSquare 3 points 3 years ago
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ThatGirlKylie 82 points 3 years ago

WAIT! NOT LIKE THAT THOUGH! IT WAS ONLY SUPPOSED TO KEEP THE GAYS OUT!

/s

But that's one way to do it. No churches, no religious people, no trump supporters, no republicans allowed at all. Give them a taste of their own medicine.

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dimlo 22 points 3 years ago

This is the time when business should all be politicalised and I love it.

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ThatGirlKylie 13 points 3 years ago

we need a religion that will make it so that you can't believe in Christianity, republicans, trump supporters, etc.. so that way we can claim it espouses our religious beliefs, just like that chucklefuck web designer said. This way we can be protected under this new ruling.

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tburkhol 29 points 3 years ago

My brand of humanism forbids me from interacting with liars and proponents of bad faith. aka: don't feed the trolls. Christians citing the bible in bad faith; right wing nut-jobs citing the constitution in bad faith; SCOTUS citing religious persecution or reverse racism in bad faith..

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ThePantser 12 points 3 years ago

We do, its atheism. "I don't believe in your belief, so gtfo"

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ThatGirlKylie 2 points 3 years ago

Is Atheism considered an organized religion though? Sincerely asking because someone mention that yesterday and it got me thinking, would Atheism actually be protected under religious freedom laws?

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maxxxxpower 2 points 3 years ago

FSM!

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ThatGirlKylie 1 point 3 years ago

Definitely been a pastafarian since MySpace days :D

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leapingleopard 12 points 3 years ago

it's almost like a leopard ate their face. I have a relevant user name already., yay!!

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Zyansheep 3 points 3 years ago

People can do that now, but only for occupations that qualify as "speech". Owners of "public businesses" (i.e. places that you can walk in to) still aren't allowed to forbid entry to people arbitrarily.

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fne8w2ah 72 points 3 years ago

That's something that I could get behind.

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Batpool23 -64 points 3 years ago

Hypocrite

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Holyginz 24 points 3 years ago

Lol not even remotely

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Psychlops 67 points 3 years ago

Such an unbelievable ruling, but this is really the best possible response. If conservatives thought they were persecuted before…

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Konn 1 point 3 years ago
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Landmammals 64 points 3 years ago

MAGA isn't a protected class. This has always been allowed.

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thathoe 19 points 3 years ago

It is in some states.

Religion is also a protected class (re the pic)

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Kittengineer 57 points 3 years ago

For me the difference is in refusing to serve someone because how they were born vs the choices they make.

Totally ok with the later, but the laws are supposed to prevent the former. Just like it being illegal to discriminate against someone just because they are black or white or Asian or whatever.

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someguy3 17 points 3 years ago

Tattoos are a choice, would you be denied services because you have a tattoo? Or I don't serve women wearing pants, because I think they should only wear dresses.

Obviously I disagree, but I also want to point out that many conservatives think being gay or trans is a choice.

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Kittengineer 19 points 3 years ago

And they’d be wrong. Being gay is a choice as much as being straight is.

I’m always quick to point out if someone believes being gay is a choice, they are admitting THEY actively are choosing not to be gay everyday… that they actually could find the same sex attractive but choose not to.

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bobs_monkey 4 points 3 years ago

Sure, but to the religious right, they think they are right in that sexuality is a choice, and also that they are never wrong.

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someguy3 2 points 3 years ago

Of course they're wrong, but that's what they think and that's how they will discriminate. Well they to discriminate based on what you're born as too so it really doesn't matter. But they think it's a choice, yes often because they are bi and to them it's a choice to act on it, so they project.

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AGrandiousIllusion 11 points 3 years ago

I agree with you. Isn't race specifically a protected class with the 13th, 14th and 15th Amendment specifically? Political ideology or beliefs are not protected, unless violence is utilized. Please correct me if I am wrong.

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Kittengineer 23 points 3 years ago

Correct. The point is sexual orientation should be protected like race.

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Yendor 17 points 3 years ago

For employment purposes, it is. Court precedents have affirmed that discriminating against someone based on sexual orientation is a form of sex-based discrimination which is illegal under Title VII.

But creative works (like baking a cake or building a website) are protected by the constitution as free speech. You can’t compel someone to perform a creative work against their own beliefs.

That’s why you’re allowed to refuse to build a website for a gay couples wedding, but you can’t refuse to change their tyres.

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Silvus 3 points 3 years ago

I think you mean for a hypothetical website that was never ordered and certainly never order by the straight man the website sited. The court just ruled on two cases that were effectively made up. As the loan company also didn't have any issue with debt forgiveness, and the state "filed for them" to "create" an injured party. it is past time to pit enough people on the bench that One president can't fuck the legal system up for 6 peoples lifetimes.

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Kittengineer 3 points 3 years ago

That’s great and all, but I personally don’t think that is right for fair.

Imagine a baker saying they don’t want to bake a wedding cake because of an interracial couple or for black people. I get the law is different, I’m saying personally I don’t agree with that law and think that’s a load of shit.

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Bazoogle 5 points 3 years ago

It's the Civil Rights Act of 1964, which protects from discrimination from any of the following: race, color, religion, sex, and national origin. Basically anything else is fair game, as far as I understand.

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root_beer 4 points 3 years ago

A lot of the people who discriminate against the lgbtq+ community absolutely believe that sexual orientation is a choice, and I’d wager that includes the justices who ruled in favor of the web designer.

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Kinglink 42 points 3 years ago

You could always do this. But you'd be a damn idiot to antagonize half a potential customer base but ... Well that's one way to run a business.

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Methylman 58 points 3 years ago

I may be misinformed - but I was led to believe this is a book shop and therefore unlikely to lose many customers

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flip 14 points 3 years ago

🎤🫳

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cley_faye 27 points 3 years ago

the potential customers that would already point their finger at you screaming "shame" if they saw you do business with people they dislike? Good riddance.

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zouden 13 points 3 years ago

Depending on where they're based it could be much less than half

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Yeller_king 13 points 3 years ago

Nowhere close to half of Americans are Trump supporters.

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CeruleanRuin 6 points 3 years ago

Even if you go by voting numbers in the only election he actually won (and even that wasn't by popular vote), it WAS closer to ⅓, and that was SEVEN YEARS AGO. I'd wager quite a few who called themself a supporter back then have changed their minds since. They're just not speaking up about it, and so the perception is skewed.

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cuantar 1 point 3 years ago

Well... it's worth noting that (IIRC) a record number of people voted in the 2020 election, overall and for each major-party candidate. Are those who chose to vote for Trump not to be counted among "Trump supporters"? It was approximately (but decidedly not quite) half of voters.

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CeruleanRuin 2 points 3 years ago

Yes, but I was highlighting the disparity between "active voters" and "Americans in general", and between them and now. Saying half of the country supports Trump simply isn't factually true.

Now, whether people who don't vote should even be part of the conversation is another debate, of course.

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ThisGuysNeverSerious 5 points 3 years ago

No shoes, no shirts, no service. Also no cuts, no butts, no coconuts! Lol 😆

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TimewornTraveler 3 points 3 years ago

Half? Yeah right! Even if they were half the nation - which they aren't - it's gonna be like 90% in some areas and 10% in others.

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nostalgicgamerz 36 points 3 years ago

“Religious bigots get the fuck out“

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romaselli 33 points 3 years ago

Put up a No Whites signs in front of your businesses to really make some noise.

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ThatGirlKylie 14 points 3 years ago

oh shit, that would do it for sure. Surely race is still protected no? If not, then I can see many a store in the south going back to the days of segregation

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guyman 10 points 3 years ago

No, it's definitely protected.

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guyman 6 points 3 years ago

Civil Rights Act of 1964.

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inclementimmigrant 4 points 3 years ago

Pretty sure this racist, illegitimate court, knew what they were doing in ruling that religious beliefs override protected classes, including those in the Civil Rights act. The Klan is a religion after all.

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Thorosofbeer 30 points 3 years ago

This isn't really malicious compliance. This is the very foundation of the point made by the Supreme Court. You should be able to refuse service to anyone for any reason. Anything less than that is the government engaging in violence to force you to work.

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bric 36 points 3 years ago

Not any reason though, the case didn't change any of the protected classes like sex, religion, or sexual orientation. It just made it so a company can choose what "expressive work" they want to do, especially websites. So it's legal to say you don't want to make someone a custom website if you disagree with the contents of the website (ie a website that supports gay marriage), but it's still illegal to refuse to make someone a website because the customer is gay. You can choose what you make, but you can't choose who you sell it to

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Cornfed 14 points 3 years ago

Important distinction.

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Zyansheep 13 points 3 years ago

Very important distinction.

It'd be pretty bad if hotels or restaurants started restricting access based on sex or race!

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SpaceToast 11 points 3 years ago

It’s a huge difference and nobody seems to understand it.

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ramblechat 3 points 3 years ago

But I can see this embolden racists / homophobes. They are generally dumb, and will probably refuse to serve people citing this decision and will either end up in court or get away with it.

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archiotterpup -9 points 3 years ago

Except I'm real and their god isn't.

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bric 7 points 3 years ago

I'm not sure what point you're trying to make. Are you just disagreeing with the ruling, or something about my interpretation of it? To be clear, I'm not arguing for or against the ruling, just explaining what it means

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archiotterpup 1 point 3 years ago

Disagreeing with the ruling.

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Bazzatron 22 points 3 years ago

I mean - there are protected classes, right? You can't say "no whites" or "no Jews", I'm not a religious man - but where's the line between a political ideology and a religious one?

Or am I totally mistaken and this is completely permitted in the states?

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bruz 15 points 3 years ago

That kind of discrimination is generally illegal, even after the recent supreme court case.

What the ruling says is that some kinds of business, such as designing a website, decorating a cake, or writing a song, for example, are considered speech. In those cases the right of the designer/decorator/songwriter to control their speech takes precedence.

However, this doesn't mean you can kick someone out of your restaurant for being Jewish or refuse to make a non-marriage related website because a client is gay. It's only cases where speech is involved.

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JackGreenEarth 1 point 3 years ago

The difference is that you can't choose your skin color, but you can't choose your beliefs in a different way.

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dustojnikhummer -2 points 3 years ago

In the US sadly that line no longer exists

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zeppo 11 points 3 years ago

Not just any business. The decision was specfically about what they called 'expressive activity' such as graphic designers, artists, speechwriters, and movie directors.

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axtualdave 5 points 3 years ago

Just replace "Gay" with "Black" and see how awesome it sounds.

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Thorosofbeer 1 point 3 years ago

I don't think it's a smart decision. I think discriminating for any reason makes business sense nor will it win you any allies, but it should be legal. Anything less than that is the government forcing you to work.

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BurtsBS -6 points 3 years ago

Democrats have real difficulties with "gotchas" that the people they're "targeting" outright agree with.

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mochi 25 points 3 years ago

There's a contradiction here. The Supreme Court ruled that Speech can't be compelled, not that you could bar certain people from a business. You could decline to decorate a cake with "MAGA", but not decline to sell a cake to a Republican, for example. What those signs are promoting is still illegal.

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VerdantSporeSeasoning 24 points 3 years ago

Forgive me, but I don't believe political affiliation is a protected class--protected classes are the only things people can't discriminate based on. So like, race, sex, religion are protected, but democrat/republican/green party aren't protected. Businesses can legally discriminate against non-protected classes. It's just usually a bad business strategy to turn customers away.

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mochi 4 points 3 years ago

Good point.

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FaeDrifter 2 points 3 years ago

So you can simply refuse service in any business by refusing to speak to them.

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Thorosofbeer -10 points 3 years ago

Personally I think you should be able to decline any service to anyone for any reason. Anything less than that is government compelled work.

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Zirconium 22 points 3 years ago

and then we're back to segregation

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PizzasDontWearCapes 19 points 3 years ago

That just allows people to be overtly bigoted and crated an apartheid society. And we did have this: "no blacks", "no Irish"...

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FaeDrifter 10 points 3 years ago

Well, that is what conservatives consider to be the peak of America.

"Make America Great Again" - "great" is when America was apartheid.

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catharticrespite 12 points 3 years ago

That makes no sense. You think it's okay to deny service based on race?

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Zirconium 12 points 3 years ago

and then we're back to segregation

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x4740N 24 points 3 years ago

The more I see news about the United States the less I'm surprised

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vsg 21 points 3 years ago

Trump supporters often have manias of persecution. Wouldn't these signs feed it, though?

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seejur 40 points 3 years ago

They'll find a way to feel persecuted regardless. So why not?

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zinaer 9 points 3 years ago

Meh, show them what real persecution is.

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bren42069 -6 points 3 years ago

you're kinda proving their point with this kind of attitude

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Angry_Maple 5 points 3 years ago

I will happily distance myself from a hateful person WAY before I distance myself from someone just for existing. Only one is an active choice.

If unreasonable exclusion of people is so harmless, these hateful people really shouldn't give a shit. I'll pick a happy person over a raging person any day.

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TheThemFatale 25 points 3 years ago

Probably. But if they don't get it here, they'll find it elsewhere. We shouldn't change things to mollycoddle people who are constantly seeking a reason to be offended.

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gk99 24 points 3 years ago

For all their complaining about safe spaces, they're the ones who seemingly need it the most.

Probably because reality is left-leaning.

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TheThemFatale 18 points 3 years ago

Like their appeals to "basic biology", when actual basic biology is still trans-supportive.

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littlebluespark 16 points 3 years ago

They'd lose their little minds at the countless species that shift gender when necessitated by circumstance, not to mention the ones that generally propagate their line by mating with themselves. Don't even get me started about the evolutionary origins of "labyrinthine vaginas" or the necro proclivities of sea otters. 🤦🏼‍♂️

Simply put: a healthy reading habit is a great inoculation against idiocy. Critical thinking is invaluable.

edit: I'm not drawing a line between any of that, except to point out that a lack of knowledge is no foundation for loud opinions.

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rtxn 20 points 3 years ago

I feel like "no mask, no vaccination proof, no service" should make a comeback.

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wokehobbit 19 points 3 years ago

Well within their right. A business can serve whoever the fuck it wants. You don't like it, don't shop there.

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surewhynotlem 70 points 3 years ago

This is a bad take. When we, society, allow you to register as a business, we form an agreement. Part of that agreement is that you follow certain rules. We make those rules to better society.

Some rules are things like pay taxes, or don't sell outdated food. Some rules are there to make sure anyone can shop there, without discussion.

Those rules are important because it's very possible for a small number of business owners to make a group of people's lives very difficult, especially out in rural areas where people don't have a lot of options.

For a concrete example, let's say Pfizer cures cancer. Do you want them to be able to say they won't sell to Christians? You can't just "go elsewhere". But now this is allowed.

The much more dangerous part of this ruling is that the supreme Court ruled on a case where there was no standing. A lot of people don't realize that having standing is one of the cornerstones of our legal structure. Now, in theory, any idiot could sue for any dreamed up scenario and have a much better chance of winning in court.

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FinnFooted 10 points 3 years ago

Society needs to codify these rules into law though otherwise bad actors break those rules. When a right wing activist supreme court removes these protections, people get hurt. But, a store like this isnt doing this to hurt people, it's to make a statement that the far-rights own discrimination can backfire on them. It's a form of protest and a statement, not true bigotry. Its like using the flying spaghetti monster tactic to push legislation to be more strict on religion. These people are trying ro show that regulation on business to prevent denying goods and services is important for everyone, not just minorities the the right hates.

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surewhynotlem 3 points 3 years ago

I think I'm confused. I'm pretty sure the court case that the supreme Court just ruled on proved the opposite.

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surewhynotlem 2 points 3 years ago

I think I'm confused. I'm pretty sure the court case that the supreme Court just ruled on proved the opposite.

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CeruleanRuin 3 points 3 years ago

You're right in that the current state of the country does not actually reflect the ideals it professes to be based on, and this Supreme Court ruling is proof of that.

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ThatWeirdGuy1001 6 points 3 years ago

Gay. Wedding. Cakes.

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Bazoogle 4 points 3 years ago

There are already regulations on discrimination. You cannot be discriminated against for your religious beliefs. However, Pfizer could choose not to service rapists. In which case, want the cure for cancer? Don't rape. Having the option to not service someone based on their actions is very different than not servicing them because of who they are. If someone is being a dick to your employees, you should have the right to kick them out. Based on what you're saying, you think no matter how much of an asshole they are, the employees should put up with it and be their personal assistant.

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someguy3 55 points 3 years ago

All fun and games until you can't find anywhere to shop or buy anything.

You want to act like it's the odd shop and you can just go next door, but just look at history. Really, take an objective look at history.

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ThatWeirdGuy1001 12 points 3 years ago

This is what Republicans wanted after all. Remember gay wedding cakes??

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Bazoogle 38 points 3 years ago

Based on the Civil Rights Act of 1964, they cannot discriminate for any reason that is a protected status. However, they can makeup any reason for not serving them. That means some racist asshole could say they aren't serving the black customer because they were rude or some other made up shit. Thankfully, your political stance is not a protected status.

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Corkyskog 10 points 3 years ago

Well they could do that a few times. But if someone really wanted to press the issue I am sure they could use the pattern of behavior to establish that he is indeed kicking out due to race.

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axtualdave 9 points 3 years ago

Right. The various Civil Rights Acts in establishing proteted classes in placed of public accommodation and associated case law created a standard whereby there does not need to be, for example, an explicit "No blacks!" sign out front. A demonstrated pattern of refusing to serve black customers was sufficient to run afoul of the laws.

In fact, the discriminatory effect doesn't even need to be intentional. If the end result of a policy results in a discriminatory result, it too is a violation of the law. For instance, where I grew up down south, whenever you went indoors you took your hat off. It's respectful and such. Imagine a dining establishment that turned this custom into a steadfast rule -- no one is seated while wearing a hat. Seems reasonable right? Everyone is treated the same! Until you refuse to serve a Sikh customer because they refuse to remove their turban. Now you're discriminating against someone because of their religion, and there's no overarching reason (safety, health, etc.) that a person can't eat and wear a turban at the same time.

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Fleeit 19 points 3 years ago

I get it as a way of making a statement that needs to be made, but I'm not a fan of countering discrimination with discrimination. Makes me wonder if something more along the lines of requiring people to make a proper|positive stand before serving them could be a better approach? In this case, for instance, "we will serve only those who will affirm that they believe that all people are valid and equal regardless of their gender identity, sexual preference, race, ethnicity, or socioeconomic status." And, before you serve them make them acknowledge and agree to the statement.

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rustyfish 16 points 3 years ago

Beautiful. I love it.

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dmtalon 16 points 3 years ago

I can't imagine owning a business and actively promoting your willing to give up sales because of some random person's beliefs.

I fully understand consumers not shopping at a store that puts up signs you disagree with, you can just go to another one.

Nothing wrong in believing in and supporting the good things. I just think I'd not agitate customers if it were my business.

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themeatbridge 59 points 3 years ago

That's the ridiculous thing about this entire case. This was a web designer and bigot who made websites for married couples. There were no homosexual couples asking the designer to make them a wedding website. She had one fake web request, and the Illegitimate Court said she had a right to discriminate against imaginary people.

This opens the floodgates to the rest of the bigots who want to protest the existence of people they hate by denying them services.

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twack 34 points 3 years ago

This case is bullshit, as you already stated. The problem is that the purpose of it is to lay the groundwork for medical professionals to deny service to "ungodly" people.

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Mirshe 1 point 3 years ago

Haven't there already been state-level cases that allow this? I swear I saw something about this out of Tennessee.

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queermunist 11 points 3 years ago path: 0 695208 695461 701635, hotness: undefined, score: 11, children: 5
watson387 6 points 3 years ago

Thanks for the link. I just read the article. So the Supreme Court made an all-encompassing ruling based on a lawsuit filed over an easily-verifiable-as-fabricated story. It would be bizarro shit if we didn't already know the court's just doing exactly what they were put there to do. It's completely fucked up.

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2dollarsim 2 points 3 years ago

Thanks for pointing that out! It's the most obvious psy-op yet and people still aren't catching on.

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queermunist 2 points 3 years ago

I'm actually surprised, I thought the reason they were reluctant to endorse the so-called Independent State Legislature Theory because they didn't want to erode their already fragile credibility in light of the seemingly endless corruption scandals. Then they go and basically ignore the entire concept of standing and make a ruling based on literally nothing! I think I need to reexamine how smart I think they are...

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SCmSTR 1 point 3 years ago

She*, and she stole a real (straight, married, with children) man's identity to use as hypothetical. The whole thing should be absolutely thrown out by a higher court - the court of the people.

Also, what happens if a scotus judge is assassinated? Like for real, what if a terrorist straight up murders one? If it's the president, the vice president takes over, and if them.... There's like a power list for that. But, what about a scotus? Does the standing president just get to pick one again? Or is there a list of rank? Or is it like monarchy where the judge has a written will or a say over who replaces them? Goddamn; why do we even have this shitty system.

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themeatbridge 3 points 3 years ago

Thanks, fixed.

Scotus judges won't be assassinated because the violent terrorists support them.

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queermunist 1 point 3 years ago

Well there's still 3 liberals that could be replaced by the next Republican.

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roofuskit 2 points 3 years ago

While I don't believe there has ever been a SC Judge assassinated, all vacancies are to be filled by the President and approved by the Senate.

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ElleChaise 1 point 3 years ago

More realistically though, the wealthiest Republican party donors pick the SC, and have been doing so for the better part of the last few decades now.

Nobody else has a real say, and whenever somebody attempts to regain control for the people, the propaganda machine starts a'hummin', and we all start going at each other's throats again.

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Soggy 10 points 3 years ago

Some people have principles beyond "make money."

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queermunist 7 points 3 years ago

Can you imagine having principles that are more important than profitability?

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dmtalon 7 points 3 years ago

There are zero "principles" involved in that sign. It's one ass trying to piss off other asses.

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queermunist -3 points 3 years ago

You don't actually know that, though to be fair, an actually principled stance would be to refuse to serve all Republicans and not specifically Trump supporters. In some ways Trump is becoming the lesser evil of the Party when compared to some of the other monsters running against him.

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SCmSTR 1 point 3 years ago

Literally cannot imagine

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Tsavo43 1 point 3 years ago

Have you read the other comments here? Every left leaning person responding is saying the same thing as the sign only against Trump supporters.

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dustojnikhummer 2 points 3 years ago

TDS is back at it again

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CasualPenguin 2 points 3 years ago

That is the underlying difference, what is more important: morals or a buck.

But if you're a trump supporter you don't get to have either which is just confusing.

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Tsavo43 -2 points 3 years ago

Wtf are you talking about... Inflation is through the roof on everything since Biden came into office. Grocery bill has doubled, gas has doubled and my paycheck looks worse thanks to all of the money he's sending to Ukraine so he can launder it back to himself and his buddies. As far as morals go any man who inappropriately touches and sniffs every young girl in arms reach doesn't have any. Either you're in severe denial of who Biden is or you know but refuse to accept it. We know who Trump is and we know he's not perfect, but he helped out this country and ALL of its people more than any president since JFK.

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dustojnikhummer -4 points 3 years ago

I can’t imagine owning a business and actively promoting your willing to give up sales because of some random person’s beliefs.

Read the rest of this thread. Some sort of TDS here.

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bucho -2 points 3 years ago

Yeah - I have no idea why all these stupid libruls are angry at the 10s of millions of traitorous dipshits who voted for a traitorous dipshit who did everything he could to ruin the country. Must be TDS.

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Psionicsickness -3 points 3 years ago

Who are we talking about here? Obama or Biden?

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bucho 1 point 3 years ago

Aww. I'm sorry - did you hit your head?

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Willer 12 points 3 years ago

Honestly i would expect that a webdesigner would not wanna put up with my bullshit way earlier.

Understandable, have a nice day. but no we wanna make a scene.

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HunterBidensLapDog 12 points 3 years ago

Now that #SupremeCourt says we can discriminate, I'm trying to figure out what to tag content. #NoMAGA #NoRepublicans #QueerOnly #NoBreeders #NoChristians

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PizzasDontWearCapes 20 points 3 years ago

My understanding is that businesses can refuse services which conflict with their beliefs, morals, etc, not broadly refuse to serve people

So you can't refuse someone for being a MAGA clown, but you could refuse to print MAGA shirts for a customer

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FightLikeACrow 1 point 3 years ago

MAGA clown is political affiliation, no reason you cannot discriminate on political grounds. If you said it was because they were white, or Christian, you'd be right though.

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PillowTalk420 1 point 3 years ago

I feel like this whole thing is simply just a clarification on what was already the case. Like, a baker can't just refuse a gay person for being gay. But they could refuse to make that gay person a huge dick shaped cake because, presumably, they would also refuse to make a huge dick shaped cake for a straight woman as well. The reason the customer wants the dick cake is irrelevant; merely that the cake is a dick.

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PizzasDontWearCapes 3 points 3 years ago

It's close to that but not quite - a dick cake is a dick cake, but a wedding cake with a man and woman couple vs. a wedding cake with a man and man couple is treated differently

So, this is treating representing gay marriage as if it is unethical and vulgar which is clearly discriminatory

The law still doesn't permit the shop owner to blanket refuse service to someone who is gay (or MAGA), but fully allows them to descriminate against gay people exercising the same freedoms non-gays have, like getting married

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HunterBidensLapDog -3 points 3 years ago

Yeah it's a new decision that's just a thin veil over hate. I wouldn't try to apply any logic to it.

But I do have a sincere belief that Christian Right MAGA Trump Supporters should be force-fed Ivermectin, have forced bleach injections, and be denied medical treatment for what they claim is non-existent Covid because I have a strong moral objection to their existence. That's not within my power.

But I do work in government and I'm going to quiet-quit any work that benefits Christian Right MAGA Trump supporters because the Supreme Court says my beliefs, morals, etc., allow me to refuse to serve them.

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Alwaysfallingupyup 9 points 3 years ago

Nothing wrong with this. Their business their choice. Only time will tell if it was a good choice. depending where it is I dont think it will be. I think everyone is tired of the back and forth bs !

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Ryumast3r 21 points 3 years ago

Back and forth bs? Please define

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CeruleanRuin 1 point 3 years ago

I defend free speech, even the shitty speech by bigoted assholes, but violating a person's civil rights is not protected by free speech.

Once you cross the line into preventing someone from doing a thing just because of who they are, that's no longer speech but action. And of course the rights of business owners to serve who they want to is a grey area, but that's what we have the courts for. Unfortunately, the current SCOTUS is so heavily politicized that it seems unable to adjudicate these issues impartially.

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InternetUser2012 1 point 3 years ago

Cult 45 with their red hat dunce caps is definitely not tired of the back and forth. They don't give a shit as long as it OwNz ThE dEmZ!!!

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Lolium -49 points 3 years ago
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HowManyNimons 7 points 3 years ago

Maybe it will. Maybe it won't.

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Lolium -17 points 3 years ago
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puppy 4 points 3 years ago

You wouldn't take the effort to comment if you didn't care.

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yokonzo 8 points 3 years ago

I'm out of the loop, what did the SCOTUS do now?

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leapingleopard 12 points 3 years ago

We can discriminate against Republicans legally and with blessings.

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agitatedpotato 8 points 3 years ago

Republican is not a protected class, you have always been able to do that.

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agitatedpotato 1 point 3 years ago
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zeppo 5 points 3 years ago

https://www.scotusblog.com/...

A six-justice majority agreed that Colorado cannot enforce a state anti-discrimination law against a Christian website designer who does not want to create wedding websites for same-sex couples because doing so would violate her First Amendment right to free speech.

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IphtashuFitz 3 points 3 years ago

They basically said a business can discriminate. The case in question was by a bakery that didn’t want to bake a wedding cake for a gay couple. SCOTUS said that was ok.

The kicker is that the claims put forth in the lawsuit by the bakery may be based on lies. The man they claimed wanted the cake isn’t gay, is already married, never ordered from the bakery, and didn’t even know he was mentioned in the court case until a reporter contacted him for comment.

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spencerwi 16 points 3 years ago

This case is a web designer for wedding websites, not a bakery. The bakery thing was several years ago now.

Both rulings cute the same fundamental precedent: "expressive works"/"expressive goods" — that is, services that entail some act of creative work and/or speech, generally in endorsement.

For example, to take a less-favorable position as an example, a web designer could under this ruling post as terms of their services that they do not design websites for anyone connected with a Baptist church, because designing websites for them would require the designer to write speech and create designs participating in what the designer considered bigoted. If a Baptist group sued on these grounds, and the government said "no, you must take them on as clients", the government would be coercing a particular kind of speech from this web designer — that is, the government would be forcing the web designer to, by court order, write that speech they see as clearly bigoted.

A grocery store could not, however, say "we won't sell groceries to anyone from a Baptist church", because selling someone a gallon of milk or whatever else off the store shelves does not involve participating in any of their speech. If a grocery store did so, and a Baptist group sued, and the government said "no, you must sell them groceries", the government is not coercing any sort of speech from the grocery store owner.

That's the crux of the issue here: not Jim-Crow "we don't sell groceries to coloreds" baseline discrimination against people, but instead trying to walk the line of not using lawsuits as a weapon to coerce someone to participate in some viewpoint.

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EtherWhack 4 points 3 years ago

I thought it was about designing a website not baking a cake

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EtherWhack 3 points 3 years ago
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buckykat 0 points 3 years ago

There was a previous case that said the cake shop couldn't discriminate. The court threw out that precedent and let the web designer discriminate.

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EtherWhack -1 points 3 years ago

Makes sense, I think I remember reading about that case a bit ago. Maybe the court is trying split hairs between content generation and modification. With these cases though, both are so intertwined that there's a huge grey area that could be argued either way to the point that ruling for either side would still have arguments against.

They could also just have no idea that the changes for same-sex vs different to the website design should be more or less topical and the underlying code wouldn't really be different. Actually... Pretty much just like changing the frosting color from pink to blue, or green.

Either way, this whole discrimination thing for something you don't believe in just needs to be dropped.

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EtherWhack 1 point 3 years ago
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EtherWhack 0 points 3 years ago
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Jannes -2 points 3 years ago
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yokonzo 6 points 3 years ago

I'm out of the loop, what did the SCOTUS do now?

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Jannes 17 points 3 years ago

They allowed a company to discriminate against a gay customer for religious reasons, when they requested to make a website them. It's important to note that the supposed customer never actually contacted the company, is not gay and had been married to a woman for about 20 years. So this was all based on a lie

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bric 2 points 3 years ago

The court opinion wasn't based on any specific customer, if you read the SCOTUS opinion the website designer didn't even have a business designing websites, they were just challenging the law in case they decided to make a business that did.

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SocializedHermit 2 points 3 years ago
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Jannes 9 points 3 years ago
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Jannes 1 point 3 years ago
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Jannes 1 point 3 years ago
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Alexmitter 6 points 3 years ago

European here so it may not be clear to me, but I thought discriminating against religious movements like the church or trump supporters is still illegal. Correct?

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SocializedHermit 5 points 3 years ago

Political affiliation is not protected, religious affiliation is. It's true that the Right has been doing their level best to politicise their religious feelings into public life, so that barring Trump supporters effectively excludes Evangelicals and a majority of Catholics. This may not be their desired outcome, but perhaps they shouldn't have tied their religious sentiment to political causes.

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Revan343 1 point 3 years ago

A slight majority of Catholics supported Biden over Trump, actually. Probably because Biden is Catholic; a slight majority supported Trump over Clinton.

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this 4 points 3 years ago

Religions are protected classes under the constitution, political groups are not. Free speech is also protected. The combination of these factors means that weather the shop keeper in OPs photo is breaking the law is entirely dependant on how you interpret the constitution, which is what the supreme court is supposed to do.

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Chocrates 4 points 3 years ago

I think the shop in question could get in trouble over the church statement if they are not doing something "free speech" related, that is the only way the new ruling applies. Though what the free speech bit means is gonna depend on what the fedsoc six want, and they will steer it to the GOP always.

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bric 4 points 3 years ago

Yeah, religion is a protected class, so while they can probably refuse trump supporters the sign about churches is probably illegal. If this is some type of store that makes customized products then they can refuse to customize anything in ways they don't agree with, but it's totally illegal to refuse service just based on who the customer is

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BurnTheRight 3 points 3 years ago

Political affiliation is not a protected class. You are permitted to discriminate based on politics. Religious affiliation is a protected class. You cannot discriminate solely on the basis of religion... Until now.

Conservatives love to discriminate, but their new rulings are also making it easier to discriminate against them.

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Kabaka 2 points 3 years ago

It's complicated and the implications and scope are not entirely clear.

The court stated that creative works such as web design qualify as a form of speech, and that the first amendment does not allow the government to use law to force creators to speak any message — especially one with which they disagree. Essentially, any business with something that might be considered speech as its product or service may be free to discriminate against protected classes. We aren't sure how far this will extend in practice, but I expect many will test it.

In this case of this post, it depends on what is being sold.

Edit: wrote this before my coffee and thus neglected to point out what replies said: political affiliation is not a protected class in America and these signs are a bit misleading. See replies.

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Nougat 2 points 3 years ago

I am not a lawyer.

These signs are surely in response to the recent US Supreme Court ruling which allowed a website designer to refuse to make websites for same-sex weddings.

First, churches are religious; Trump supporters are political, and not religious. In the US, religion is a "protected class", but political alignment is not. But traditionally, political alignment or part affiliation is not discriminated against, even if it is federall legal to do so. (Various states may have their own clauses making political alignment a protected class in certain contexts, I'm not sure.) Also important to this discussion is that sexual preference is not a protected class federally, although I know that many states have enshrined protection for sexual preference in their own state laws.

If a case were brought about discrimination against Trump supporters because of these signs, in a jurisdiction where politics was not a protected class, I should expect that that case would fail, under current law. But just like SCOTUS is highly political right now, lower courts are, too, especially lower federal courts. It's anybody's guess as to whether a given judge would actually adhere to existing case law.

For the religious side of these signs, it gets interesting. As above, SCOTUS has ruled that a religious business owner can discriminate against customers based on the business owner's "religious disagreement" with a position held by the customer, presumably where that disagreement does not overlap with a protected class.

And there's the rub. Religion is a protected class, so it should be prohibited to discriminate against someone for their religious position. This, however, really tips the scales in favor of the religious: the religious business owner can discriminate on the basis of their own religious belief, but no one can discriminate against them because of that same religious belief. To me, this seems to tread very heavily on the Establishment Clause of the First Amendment of the US Constitution:

Congress shall make no law respecting an establishment of religion ...

"Congress," in this context, has been interpreted by the courts to mean more generally "the government," at any level. The recent SCOTUS ruling gives a religious business owner the right to discriminate on the basis of their religion, but the right of other people to discriminate against that business owner on the exact same basis remains prohibited. Again, I am not a lawyer, but that seems to be clearly in opposition to the Establishment Clause.

All of this is interesting, but none of it is cause for concern.

What is cause for concern is the foundation of Obergefell, which made same sex marriage legal in all of the US. That basis is that the only difference between opposite sex and same sex marriages is the sex of one of the people in the couple. An argument I recall from the time was that prohibiting same sex marriage is unconstitutional, because to do so would be discriminating against someone on the basis of sex - which is a protected class. However, that does not appear to have been mentioned in the court's ruling.

No matter the reason, if it is unconstitutional to discriminate against same sex couples in the context of their getting married in the first place, it should stand to reason that it would be unconstitutional to discriminate against those same sex couples in any other context. Reason does not appear to be this court's strong suit; they have decided that the rights of religious people to discriminate on the basis of their personal and individual beliefs "trumps" (pun intended) the rights of people (religious or not) to not be discriminated against.

This is a "canary in a coal mine" to overturn all manner of previous courts' rulings: Obergefell (same sex marriage), Loving v Virginia (interracial marriage), Griswold (access to contraception), Lawrence v Texas (legalization of homosexuality), and certainly others.

Again, all of this seems to prioritize religion, which is in clear opposition of the Establishment Clause.

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pensa 1 point 3 years ago

I love that you mentioned the trump cult as a religious movement.

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immibis 1 point 3 years ago

@Alexmitter @minimar The Supreme Court has just ruled that "expressive" businesses can discriminate against their customers. They did not pin down what "expressive" means.

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bric 7 points 3 years ago

The court opinion is 70 pages long, they define it multiple times. One example is: "All manner of speech—from “pictures, films, paintings, drawings, and engravings,” to “oral utterance and the printed word”—qualify for the First Amendment’s protections; no less can hold true when it comes to speech like Ms. Smith’s conveyed over the Internet"

Essentially it's already been established that the government can't enforce rules on what products someone makes, but can enforce who they sell that product to (not disallowing protected classes). The state of Colorado was arguing that making websites was a standard product that could be modified to be sold to anyone, while ms Smith was arguing that each website was a unique product that had freedom of speech. The only thing the court decided was that websites should be considered speech, so they fell under the same rules that have already applied to paintings and songs, instead of the rules that apply to groceries and car sales

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immibis -4 points 3 years ago

@bric When you talk to a customer to sell them a car that speech is a unique product tailored to the customer

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bric 5 points 3 years ago

Sure, And the employee has full freedom of speech to say what they want during that sales pitch. They can't be required to say anything they disagree with during the sales pitch. But they are required to sell the car to a gay customer just like they would to a straight customer

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MdRuckus 5 points 3 years ago

I love this! This is amazing!

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Willer 5 points 3 years ago

fair

my god the store looks gross what they sellin?

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Notbhavn 5 points 3 years ago

I think this is ok. It’s how the market works. If you have enough people who agree with your stance, then you’ll survive, if not, you fail. Transversely, if you are trying to make a profitable business, you remove all roadblocks from a consumer who wants to do business with you.

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YarRe 14 points 3 years ago

No, given the preponderance of white owned businesses, the way that turns out is Jim crow. You think that some store in rural bumfuck will hurt with a sign saying "no blacks, jews or gays"?

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TheDeadGuy 1 point 3 years ago

Are you saying that minorities should not be protected?

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YouSuckLikeLatte 1 point 3 years ago

Let them protect themselves. Don't come in with a white saviour complex and think that you're better than them

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maeries 1 point 3 years ago

How are they supposed to pretext themselves? They are a minority. This means the other party is way bigger and therefore more powerfull

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YouSuckLikeLatte 1 point 3 years ago

That's a very shallow way to look at it. First wrong: This isn't a numbers game. A party with more people won't necessarily win. Second wrong: Not all people who are not the minority are against the minority

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itadakimasu 3 points 3 years ago

Ugh should have read "no sales to trump supporters or religious nutbags. Whoops those 2 are the same thing"

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tallpaul 3 points 3 years ago

Seems fair...

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saltesc 3 points 3 years ago

I mean, if you don't like them, may as well take their money off them. But rights be rights and hopefully there's no competitor nearby so at least there's the inconvenience factor.

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nostalgicgamerz 2 points 3 years ago
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Larry316 2 points 3 years ago

I doubt many trump supporters are shopping there anyways. even if they are trump supporters, good luck trying to prove it before denying a sale. they dont walk around with it stamped on their forehead ;)

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vegantomato 2 points 3 years ago
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Fitik 2 points 3 years ago

That's kinda genius ngl, even tho I'm pretty sure it's only applies to creative professions

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shashi154263 1 point 3 years ago
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VictoriousStalemate 0 points 3 years ago

Bad example. The cases where businesses could refuse service to a customer were due to religious freedoms guaranteed by the Constitution. Not liking Trump would not fall under that category. Not sure about the other example though.

In general though, I think this would be fine. As long as this business is not funded or supported by taxpayer money.

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CeruleanRuin 10 points 3 years ago

My personal religion requires me to refuse service to Trump supporters.

These "religious freedoms" cited are completely arbitrarily defined. Anyone can claim they have a religion with tenets that exclude specific groups of people or promote civil rights abuses. Having a religion that says "you must commit crime" does not actually give you the right within society to commit crime.

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Candybar121 2 points 3 years ago
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mycatiskai 3 points 3 years ago

It's ok now because the Supreme Court just upheld that a woman who said she was asked to design a website for a gay wedding by a man "Stewart", could discriminate and not serve him.

The fact that they tracked him down and found that he has been married to a woman for the last 15 years and the claims may be complete fiction.

The rules have changed so now the court has made discrimination not a bad thing, so the right wing will have to deal with being discriminated against if they want so badly to discriminate themselves.

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Billy_Gnosis -2 points 3 years ago
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x4740N -2 points 3 years ago

The more I see news about the United States the less I'm surprised

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Billy_Gnosis -3 points 3 years ago

I don't have an issue with any of this. Private Business owners can sell their products or services to whoever they want. Don't see what the big deal is. If you don't like it, there's plenty more competition willing to take your money.

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sin_free_for_00_days 11 points 3 years ago

Yeah, historically that didn't work out great for everyone. There's a reason if you open a public business in the United States you are expected to serve the public.

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ihavenopeopleskills -3 points 3 years ago

I'm personally offended by this, but...

  1. Regulating my emotions is my own problem and no one else's
  2. The business owner is well within their rights to do so.
    Just shop somewhere else.
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simin -4 points 3 years ago

ad for lgbt and lefty people then. they have decided their customer base.

edit: i'm not anti-lgbt just making an observation here.

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Dreoh 3 points 3 years ago

Yes exactly. If Maga morons and anti lgbt people want to be able to discriminate, they should be ready to be discriminated upon.

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Billy_Gnosis -4 points 3 years ago

I don't have an issue with any of this. Private Business owners can sell their products or services to whoever they want. Don't see what the big deal is. If you don't like it, there's plenty more competition willing to take your money.

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alternativeninja -20 points 3 years ago
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Dlg -45 points 3 years ago

Not cool for either party.

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FinnFooted 9 points 3 years ago

Because "they go low we go high" has been working sooooo well.

Playing by different rules means the fascists win.

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FinnFooted 1 point 3 years ago
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mmjbmd -65 points 3 years ago
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cats 50 points 3 years ago

Yes, real discrimination from religious freaks who thinks LGBTQ folk shouldn’t exist is equally as bad as petty revenge to point out the reality of the bigotry they want

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sin_free_for_00_days 18 points 3 years ago

So protesting intolerance is "no better" than promoting intolerance. Got it. Both side, blah blah, or something.

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YarRe 8 points 3 years ago

You're not "us". You can pledge to be not 'childish' in your own, presumably libertarian store lol

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DolphLundgren -23 points 3 years ago

This is the right answer but the frustration is so palpable at this point it doesn’t become the perspective often enough.

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mmjbmd -84 points 3 years ago
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cats 46 points 3 years ago

I think this is beyond passive lol. And this is the future the Supreme Court clearly wants 🤷‍♀️

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SirMothar 43 points 3 years ago

It's not passive, this is very direct. I rather see this in a business than the opposite.

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NPC 8 points 3 years ago
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bren42069 -107 points 3 years ago

inb4 get woke go broke, rip their business. not a good look in the bud light era

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Kalkaline 39 points 3 years ago

BudLight was pandering and got called on it by everyone that was paying attention. "Go woke, go broke" is clearly not a trend, just look at Twitter and Elon doing the opposite and losing fuckloads of money.

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Saneless 10 points 3 years ago

Plus 2 things

One, they specifically called their main customers assholes, essentially. Not sure what they were expecting

And two, the product is the worst beer out there. Boycotting was a gift they can easily keep going. They're missing nothing by switching to another

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GlitzyArmrest 22 points 3 years ago

Who the fuck even cares about bud light? Are you twelve?

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ProfessorPuzzleCode 7 points 3 years ago

Inbev did well out of it either way, the Bud Lite boycotters were idiots for this reason alone.

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