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Thread: Photographer forced to photograph Gay Marriage

  1. #11
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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by John Drake View Post
    I doubt shirtlessness or defecation is a protected category.
    Well, that is an ABSOLUTE abomination, then. I will join forces with the Topfree Equal Rights Association (TERA - http://www.tera.ca/) in order to fight against the shirtlessness prohibition (I think defecation should still be done privately, but who knows?).

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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by Rizzo77 View Post
    Well, that is an ABSOLUTE abomination, then. I will join forces with the Topfree Equal Rights Association (TERA - http://www.tera.ca/) in order to fight against the shirtlessness prohibition (I think defecation should still be done privately, but who knows?).
    So basically, you are admitting your anger is baseless and meaningless? Sure there's the whole public breastfeeding thing, but that's for a purpose (to protect the rights of nursing mothers) - you seem to be just expressing blind anger with no purpose or direction.

  3. #13
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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by John Drake View Post
    So basically, you are admitting your anger is baseless and meaningless? Sure there's the whole public breastfeeding thing, but that's for a purpose (to protect the rights of nursing mothers) - you seem to be just expressing blind anger with no purpose or direction.
    Uuuumm. Angry? Lighten up, Francis.

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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by Rizzo77 View Post
    Uuuumm. Angry? Lighten up, Francis.
    My apologies. My sarcasm-detector really isn't as sensitive as it should be.

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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by Measure Man View Post
    funny.

    Shirtless, shoeless public defecators is not a protected class. Nice try though.
    Got it. Since when has any couple that wants to be photographed a protected class?

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    Senior Member 71Fish's Avatar
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    Re: Photographer forced to photograph Gay Marriage

    What will really be funny is when a gay owned photographer will be forced to photograph a Westboro Baptist church wedding, or a black owned business work a klan rally, or a Jewish business work an American Nazi rally. I could give examples for days.

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    Senior Member AJBIGJ's Avatar
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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by Measure Man View Post
    Are you saying state govts. should not have any right to regulate commerce within their state?
    This question really drives to the heart of the matter. Does it make sense that a bunch of obese dudes with moobs can file a class action suit against the "Hooters" franchise because they were turned away for employment as waitresses and win? (Something similar has actually happened!)

    I do find it curious, however, that we do have State-level intervention in this level of specificity in commerce. Pretty much any exchange in any industry can essentially be defined as "an exchange of goods and/or services for other goods and/or services that is mutually agreed upon by both parties". That being the case, should a private business established be forced into an exchange they do not agree to? The purpose of having competition in the marketplace is that the entities that offer the best combination of quality and price for their products will ensure they become successful. Those who refuse to offer their goods and services to a specific demographic will usually fall behind in their market share under their competitors that do offer their wares to this demographic. Realistically, this is a self-correcting problem, if a business's choices to narrow their range of constituents actually runs them out of business. I personally think any individual organization should be allowed to refuse to offer their goods and services to other individuals regardless of the reasoning behind it (and yes that means a klansmen could refuse a black person or a Neo-Nazi could refuse a Jewish person). Laws, the way they've been established tend to state otherwise, so it would be moot to try to argue that position from a legalistic standpoint. The bigger question as a result is the moral one, "Should a person be forced into an exchange under conditions they do not agree upon?"
    "The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first." ~ Thomas Jefferson

    It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.
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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by AJBIGJ View Post
    should a private business established be forced into an exchange they do not agree to?
    Depends on the legal definition of "private"...in this case, the business in question did not limit themselves,or access by customers, so they were, at the time, defined as a "public accommodation" under NM law, and had to comply with the NMHRA.

    This is actually pretty well settled in case law. Businesses open the public must comply with anti-discrimination laws. The best example of "private business" that I can think of off the top of my head, is a members only golf club, they may be exempt from these laws. What's that golf course that has the Master's Tourney every year? They still don't let women be members, I don't think.

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    Senior Member AJBIGJ's Avatar
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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by imnohero View Post
    Depends on the legal definition of "private"...in this case, the business in question did not limit themselves,or access by customers, so they were, at the time, defined as a "public accommodation" under NM law, and had to comply with the NMHRA.

    This is actually pretty well settled in case law. Businesses open the public must comply with anti-discrimination laws. The best example of "private business" that I can think of off the top of my head, is a members only golf club, they may be exempt from these laws. What's that golf course that has the Master's Tourney every year? They still don't let women be members, I don't think.
    Which is essentially why I state this is no longer really a legal discussion any longer, it's more geared towards the morality of the government intervening directly into commerce in such a fashion and whether businesses have a right to "discriminate" (in every definition of the term) who they vend their wares to. Is the principle of surrendering that much direct influence over the nuance of private commerce a precedent we wish to set and continue to allow? Laws have the singular advantage of having been written by men (and women), they can be rewritten if it can be determined there is a valid reason for doing so.
    "The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first." ~ Thomas Jefferson

    It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.
    James Madison

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    Senior Member technomage1's Avatar
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    Re: Photographer forced to photograph Gay Marriage

    Quote Originally Posted by 71Fish View Post
    What will really be funny is when a gay owned photographer will be forced to photograph a Westboro Baptist church wedding, or a black owned business work a klan rally, or a Jewish business work an American Nazi rally. I could give examples for days.
    They weren't gay, but garages already got into hot water when they refused the Westboro baptist church service. Someone slashed their tires hen they protested at a military funeral. AAA had to tow them to wal mart because no garage in town would help them.

    Much as I hate them, this did violate the law.
    Newton's First Law of Motion

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