this post was submitted on 30 Jun 2023
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[–] [email protected] 28 points 1 year ago (7 children)

So as a queer person, does this mean I can choose not to service Christians at my business?

Because somehow I doubt the Supreme Court would back me up there.

[–] [email protected] 9 points 1 year ago (3 children)

It confuses me religion (an unscientific idea) is even a protected class versus an immutable characteristic like skin color, gender, sexuality, disability etc.

[–] [email protected] 4 points 1 year ago

Religious privilege is getting an invite to the meeting where this stuff was decided

[–] [email protected] 1 points 1 year ago (1 children)

It's a security blanket that large blocks of society have yet to grow out of, unfortunately. Like trying to phase a toddler out of their binky, suggesting laying it aside is likely to result in tantrums.

[–] [email protected] 2 points 1 year ago

XD OMG Yess!! 😄😄😂😂😂

[–] [email protected] 0 points 1 year ago* (last edited 1 year ago) (2 children)

Edit: My app decided to post this multiple times, I'm cleaning them up, sorry for that yall. Didn't mean to spam 4 identical posts...

Because if it isn't then millions of people in this country will openly be discriminated against because of their religion.

I'm Jewish. Do I really need to explain why I think having protections for my religious beliefs is a good idea? There are more LGBT people than Jews in America. We are a small minority who has historically been heavily discriminated against, and that discrimination is ongoing right now. Antisemitism has gotten significantly more out in the open over the last decade. I can confidently state that had I not been protected by laws, I likely wouldn't have gotten into college, gotten my first job, or had many of the opportunities that I've had in life. I know friends who have been told to their faces that an employer didn't want to hire them because they were jews.

I don't really care if religion is "unscientific," for people who are religious is a critical part of who they are and, more importantly, a lot of other people (religious and not) assign it just as much importance and will happily discriminate against, ostracize, and even kill people for being the "wrong" religion if allowed to do so. I can't just "give up" by Jewishness because it's a deeply ingrained part of who I am, and asking me to "just stop" is frankly as offensive as telling a gay person to "just stop" believing they are gay. And, more importantly, even if I completely rescinded all of my belief in my religious beliefs AND stopped doing all Jewish activities, got rid of all my Jewish paraphernalia, converted to Christianity and lived openly as a Christian, there are still people who would consider me Jewish and discriminate against me simply for having Jewish parents.

YOU might not like religion, and I completely understand why so many people feel that way, but removing religions from being protected classes Isa really great way to guarantee millions of people get discriminated against every single day.

[–] [email protected] 1 points 1 year ago

I think the point of this discussion is to showcase the hypocrisy by example.

So, you've hit the nail on the head.

[–] [email protected] 1 points 1 year ago

No, such daily stuff doesn't harm you, and even has the virtue of people you'd not want to depend on being more likely to show their true colors.

[–] [email protected] 8 points 1 year ago

Honestly I've been waiting for someone to do exactly this. And now they have a precedent to cite when it goes to court, one which specifically addresses religious beliefs.

[–] withersailor 5 points 1 year ago

Not a lawyer, but my reading says: yes.

[–] [email protected] 4 points 1 year ago (3 children)

It means that if a Christian asks you to design a website with messages that violate your religious beliefs then you can refuse. If I as a satanist believe that a woman's right to abortion is sacred then I can refuse to design a website with an anti-abortion message. I can't simply refuse to design a website for a Christian. Not saying I agree with the ruling, just explaining what it means.

[–] [email protected] 3 points 1 year ago

The ruling says you don't have to design a website that violates any sincerely held beliefs, not just religious beliefs.

So if you are gay and a Catholic asked you to design a website promoting "Marriage is for one man and one woman", you can refuse. Before the ruling, you might have been found to be discriminating against Catholics.

[–] [email protected] 0 points 1 year ago (1 children)

Curious, why don’t you agree with the ruling?

[–] [email protected] 3 points 1 year ago (1 children)

Because it's a shit ruling that says discriminating against people is a form of speech. At least that's why I think it's a horrible ruling.

[–] [email protected] 0 points 1 year ago

That’s not what it says.

[–] [email protected] -1 points 1 year ago (1 children)

The whole idea of some things being protected and some not is very wrong. Rights should be a wildcard. That's the right of private discrimination as ancaps see it.

[–] [email protected] 0 points 1 year ago (1 children)

There are two rights that the courts have traditionally protected, the right to say (or not say) what you want, and the right to be free of discrimination.

In this case, the two rights were in conflict. The court decided that the first one takes precedence.

[–] [email protected] 1 points 1 year ago (1 children)

That's to be free of discrimination by the state, which usually will treat your obligations independently of your rights.

While private discrimination is always something in the grey area. By private discrimination I mean both a banner saying " are not welcome here" and having face control (something quite normal for night clubs, and you'll also pick your tenants if you rent out).

[–] [email protected] 1 points 1 year ago

It's not really a gray area. The Civil Rights Act explicitly prohibits discrimination against protected class by most businesses that are open to the public, like stores, restaurants, bars, and hotels.

If you're not a part of a protected class, or your particular business is not covered by the Civil Rights Act, then you are free to discriminate.

So to take your example, if a bar said "Irish not welcome here" then they would absolutely be violating the law.

The main change recently is that certain businesses that produce original expression, such as web designers, can no longer be covered by the Civil Rights Act because the court thought this would conflict with the First Amendment.

[–] [email protected] 3 points 1 year ago (1 children)

I'm not a lawyer, but my understanding is it would depend on what kind of business you're in and what kind of services the Christian customers asked for. You could say "I do websites for weddings, but not Christian weddings" for example.

As I understand it, this ruling still wouldn't necessarily protect broader discrimination like "I own an ice cream shop, but I won't sell ice cream to certain people"; whether the people you're refusing to sell to are Christian, gay, etc...

[–] [email protected] 0 points 1 year ago* (last edited 1 year ago)

Thank you. So many people don’t understand what happened and think the Supreme Court made it legal to discriminate against gay people.

[–] [email protected] 2 points 1 year ago

If you're not super tired up with being American for the near future, do it and have an exist strategy to e.g. Canada.

[–] [email protected] 14 points 1 year ago (1 children)

sides with business owner who refused to provide services for same-sex wedding, citing freedom of speech.

Um, “freedom of speech” would be to say that you don't support same-sex marriage, but refusal to provide a service based on the fact that you don't agree with same-sex marriage seems like flat out discrimination.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

I think the argument is essentially that the alternative is forcing the person to literally “say” (write) something (code) and they have the freedom not to write things they disagree with. It seems like a very narrow ruling and it will be interesting to see if it is kept that way, I doubt it. I also may not understand all of the nuance.

I think of a bakery case, would the ruling mean they can’t refuse to bake a cake, which is not speech, but they could refuse to write “happy pride” on a cake, or does it now mean that they can refuse all forms of service. I don’t think it does, but it wasn’t really a question before.

One of the most interesting parts to me was an article I saw yesterday, where one of the supposed gay men who requested the website was contacted and said he was straight, married with a kid, and had never asked for such a thing. It seems like the case may have been invented out of thin air to create a precedent. (Apparently someone posted it farther down)

[–] [email protected] 6 points 1 year ago* (last edited 1 year ago) (1 children)

Nice to know that Supreme Court makes decisions based on fucking fabrications and delusions.

https://newrepublic.com/article/173987/mysterious-case-fake-gay-marriage-website-real-straight-man-supreme-court

According to court filings from the plaintiff, Stewart contacted Smith in September 2016 about his wedding to Mike “early next year.” He wrote that they “would love some design work done for our invites, placenames etc. We might also stretch to a website.” Stewart included his phone number, email address, and the URL of his own website—he was a designer too, the site showed.

This week, I decided to call Stewart and ask him about his inquiry.

It took just a few minutes to reach him. I assumed at least some reporters over the years had contacted him about his website inquiry to 303 Creative—his contact information wasn’t redacted in the filing. But my call, he said, was “the very first time I’ve heard of it.”

Yes, that was his name, phone number, email address, and website on the inquiry form. But he never sent this form, he said, and at the time it was sent, he was married to a woman. “If somebody’s pulled my information, as some kind of supporting information or documentation, somebody’s falsified that,” Stewart explained. (Stewart’s last name is not included in the filing, so we will be referring to him by his first name throughout this story.)

[–] [email protected] 2 points 1 year ago

This is almost more distressing on a few levels than the original story..

[–] [email protected] 6 points 1 year ago* (last edited 1 year ago)
[–] [email protected] 1 points 1 year ago

Ok if that's the road they want to take then they will lose a lot more than they gain.

[–] [email protected] 1 points 1 year ago

This is nothing new. And no different than the cake from the baker. You can't be forced to provide a service for another against your will.

It's discrimination on the part of a store owner if he doesn't sell you a pre built design from a storefront. It's discriminatory against the designer if you try to force him or her to design something for you against his will or beliefs.

Pretty straight forward. They can try this all they want but now they've got a ton of precedent. Good job.

[–] [email protected] 0 points 1 year ago

Yeah, I don't think this is any shocker. Private businesses can choose what customers get to be served. Restaurants can choose to not serve anybody not to be properly clothed or are too loud. Guess they can also choose not to serve whether someone is a nazi or lgbt+. You can choose to boycott the stores you don't agree with, maybe stifle them out of business.

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