RE: Masterpiece Cakeshop v. Colorado Civil Rights Commission, Round 2
August 21, 2018 at 12:58 am
(August 20, 2018 at 7:57 pm)RoadRunner79 Wrote: It seems that people keep leaving out why he rejected the order, and making it all about the person. This seem equivalent (to me) to proof-texting or quoting out of context. An important detail is being left out, in order to make it appear that something else is being said; which is not being stated. Perhaps this is out of ignorance, and the people need to educate themselves on what is going on (before sticking their foot in their mouth), but at this point it kind of appears to be more of an intellectual dishonesty (or perhaps just a severe mental handicap). It seems that people have trouble discussing accurately with this.
What you are saying is your opinion on the matter. That you conflate your opinion with fact is hardly surprising to me (or probably anyone else). The idea that having an opinion at odds with yours is akin to proof texting is just making a bogus analogy. How to properly determine whether the refusal in the case was on account of their status as members of a protected class or not cannot be decided by simply appealing to an inappropriate analogy. There are arguments to be made from both perspectives. Given that in the first case Jack Phillips and the customer had not even discussed the design of the cake, it appears rather relevant to his refusal that the customers in question were of the same sex. As noted, in this case, he was only being asked to bake a pink and blue cake. One can make the argument that he was only discriminating against people requesting pink and blue cakes, but it's rather weak. The fact is that the cake likely was refused on account of both factors, the class status of the customers as well as his religious views in the matter. What the court previously did not appear to recognize was that you could refuse service to members of a protected class on those bases alone. What was not resolved was whether there was a free speech argument to be made on Phillips' behalf. However, since Phillips wasn't asked to express any specific message with the design of the first cake, since the design was never discussed, and whether he has a case against being compelled to express a message consistent with blue and pink cakes is another issue. But that, too, appears to be a weak argument. So thanks for the analogies, but they don't offer any enlightenment in the matter under discussion.