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cthulu2016

(10,960 posts)
Thu Feb 27, 2014, 06:29 PM Feb 2014

It's pretty easy to discriminate without getting sued

In the real world of day-to-day life there is no way to force Joe the Fundamentalist Baker to make me a same-sex marriage cake. (Assuming I'd even want him to... a good rule of thumb in life is to avoid getting food from people who hate you)

If Joe doesn't want to make my cake he can say any of these things:

We are out of cake.
My dog died and I am too sad to make your cake.
I dropped your cake and don't have any more cake.
My cell phone signal is breaking up...
I forgot.
I hate money.
I got drunk. Sorry. Here's your deposit back.
I simply don't feel like making cake today.

Any of those approaches will result in any would-be cake buyer saying, "geez... this bakery sucks," and getting cake elsewhere, without ever considering a law suit.


So what would a law like the Arizona law give Joe the Fundamentalist Baker, in practice?


The legal backing to make a speech to your face about how you don't get any cake because you are an abomination in the eyes of the lord ...without getting sued.


And that is what they want. The right to proclaim their hatred free of consequences.

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It's pretty easy to discriminate without getting sued (Original Post) cthulu2016 Feb 2014 OP
That's it exactly. Bluenorthwest Feb 2014 #1
K&R. Brilliant legal analysis. COLGATE4 Feb 2014 #2
I think you're right. bigmonkey Feb 2014 #3
If you stated the case that bluntly, though, someone probably would sue or publicize at some point. El_Johns Feb 2014 #4
I saw a sign in a restaurant yesterday... NaturalHigh Feb 2014 #5
 

Bluenorthwest

(45,319 posts)
1. That's it exactly.
Thu Feb 27, 2014, 07:00 PM
Feb 2014

Religious opponents to equality definitely feel entitled to spew their venom. Here on DU they get bent out of shape if we even criticize the hate speech of their favorite preachers. Their clerics call us horrible names, object to justice for us, pass pogrom laws against us but if we criticize that they call us 'haters'. The arrogance is beyond imagination, they are so fully sure they are God's voice.

bigmonkey

(1,798 posts)
3. I think you're right.
Thu Feb 27, 2014, 08:28 PM
Feb 2014

I was thinking about this, and it occurred to me that the fundy could even tell the truth, like this:

"I'm just uncomfortable with this, because of my beliefs. I don't think I can do a very good job of this, my heart's just not in it."

Under what circumstances wouldn't the customers decide to take their business elsewhere in that case? You could imagine some sort of "emergency", but that would be pretty rare.

I think what you're pointing to is correct, that the opportunity to act defiant is the only thing missing.

 

El_Johns

(1,805 posts)
4. If you stated the case that bluntly, though, someone probably would sue or publicize at some point.
Thu Feb 27, 2014, 08:30 PM
Feb 2014

I agree with the OP's take, though.

NaturalHigh

(12,778 posts)
5. I saw a sign in a restaurant yesterday...
Thu Feb 27, 2014, 08:59 PM
Feb 2014

"We reserve the right to refuse service to anyone." As far as I know that's perfectly legal, although it's usually only invoked to kick out people acting like assholes.

I agree that these laws pretty much do nothing except invite boycotts and lawsuits.

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