Religious freedom, political correctness, and the culture of outrage

Started by Syt, July 03, 2014, 01:01:13 AM

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grumbler

Quote from: crazy canuck on July 04, 2014, 08:36:06 AM
:huh:

I am not trying to equate anything.  The law requires that people not disriminate against others on enumerated grounds.  You know, the thing this thread is about.
Actually, the US law doesn't do that.  Can't speak for the Canadian law.

Anyone can discriminate against anyone else, in the US, perfectly legally.  Public accommodations may not do so under some circumstances, but they are not "people."
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

grumbler

Quote from: Barrister on July 04, 2014, 12:02:49 PM
The Constitution requires that the government not discriminate.

The government though, has in turn passed legislation which prohibits private people from discriminating when providing goods and services.  In Alberta it's the Alberta HUman Rights Act, and it definitely applies in a  transaction between a shopkeeper and customer.

Do you not have similar laws in the US?  Is it permissible to open a store and have a "No Blacks or Irish" policy?

In the US it applies to the public accommodation (i.e. the store), not the individual.  Obviously, the storekeeper is answerable to the store, so the effect (in cases of public accommodations only) is the same.  If I am operating a booth at a flea market, I can discriminate as I please (though the operator of the flea market cannot).
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

OttoVonBismarck

Individuals cannot discriminate when they are basically acting as an authority within a public accommodation. This would include the owner/sole proprietor or one of his employees. It is actually individualized in that aspects of this can result in criminal charges. If you kick someone's assistance animal out of a store you can actually be charged criminally, it's not just a civil fine.

crazy canuck

Quote from: grumbler on July 04, 2014, 12:52:21 PM
Quote from: crazy canuck on July 04, 2014, 08:36:06 AM
:huh:

I am not trying to equate anything.  The law requires that people not disriminate against others on enumerated grounds.  You know, the thing this thread is about.
Actually, the US law doesn't do that.  Can't speak for the Canadian law.

Anyone can discriminate against anyone else, in the US, perfectly legally.  Public accommodations may not do so under some circumstances, but they are not "people."

You missed the part where I stated "on enumerated grounds".   ;)

OttoVonBismarck

Also people is a murky term, a sole proprietorship restaurant cannot discriminate based on race. And in many legal aspects the proprietor and the business/accommodation are one and the same in that situation.

crazy canuck

Quote from: grumbler on July 04, 2014, 12:57:04 PM
In the US it applies to the public accommodation (i.e. the store), not the individual.  Obviously, the storekeeper is answerable to the store, so the effect (in cases of public accommodations only) is the same.  If I am operating a booth at a flea market, I can discriminate as I please (though the operator of the flea market cannot).

That sounded wrong so I looked it up.  Sure enough it is wrong. Title II section 203 expressly states that obligations also extend to individuals.  Further section 204 provides a remedy if "any person" violates the obligations in section 203.

Barrister

Quote from: crazy canuck on July 04, 2014, 01:10:03 PM
Quote from: grumbler on July 04, 2014, 12:52:21 PM
Quote from: crazy canuck on July 04, 2014, 08:36:06 AM
:huh:

I am not trying to equate anything.  The law requires that people not disriminate against others on enumerated grounds.  You know, the thing this thread is about.
Actually, the US law doesn't do that.  Can't speak for the Canadian law.

Anyone can discriminate against anyone else, in the US, perfectly legally.  Public accommodations may not do so under some circumstances, but they are not "people."

You missed the part where I stated "on enumerated grounds".   ;)

No, "people" can discriminate.  I'm free to hate you because you're tall, to not invite chinese people to my house, or to not date someone because of their religion.

It's only when you deal with the "provision of goods, services, accommodation or facilities customarily available to the public" that Human Rights legislation kicks in.
Posts here are my own private opinions.  I do not speak for my employer.

crazy canuck

Quote from: Barrister on July 04, 2014, 01:19:20 PM
Quote from: crazy canuck on July 04, 2014, 01:10:03 PM
Quote from: grumbler on July 04, 2014, 12:52:21 PM
Quote from: crazy canuck on July 04, 2014, 08:36:06 AM
:huh:

I am not trying to equate anything.  The law requires that people not disriminate against others on enumerated grounds.  You know, the thing this thread is about.
Actually, the US law doesn't do that.  Can't speak for the Canadian law.

Anyone can discriminate against anyone else, in the US, perfectly legally.  Public accommodations may not do so under some circumstances, but they are not "people."

You missed the part where I stated "on enumerated grounds".   ;)

No, "people" can discriminate.  I'm free to hate you because you're tall, to not invite chinese people to my house, or to not date someone because of their religion.

It's only when you deal with the "provision of goods, services, accommodation or facilities customarily available to the public" that Human Rights legislation kicks in.

:frusty:

Do you not understand what "on enumerated grounds" means?

CountDeMoney

I discriminated against people all the time as a bail bondsman.  That was reason #475 why it was so cool.

Barrister

Quote from: crazy canuck on July 04, 2014, 01:21:01 PM
Quote from: Barrister on July 04, 2014, 01:19:20 PM
Quote from: crazy canuck on July 04, 2014, 01:10:03 PM
Quote from: grumbler on July 04, 2014, 12:52:21 PM
Quote from: crazy canuck on July 04, 2014, 08:36:06 AM
:huh:

I am not trying to equate anything.  The law requires that people not disriminate against others on enumerated grounds.  You know, the thing this thread is about.
Actually, the US law doesn't do that.  Can't speak for the Canadian law.

Anyone can discriminate against anyone else, in the US, perfectly legally.  Public accommodations may not do so under some circumstances, but they are not "people."

You missed the part where I stated "on enumerated grounds".   ;)

No, "people" can discriminate.  I'm free to hate you because you're tall, to not invite chinese people to my house, or to not date someone because of their religion.

It's only when you deal with the "provision of goods, services, accommodation or facilities customarily available to the public" that Human Rights legislation kicks in.

:frusty:

Do you not understand what "on enumerated grounds" means?

There are two different aspects - who does the law apply to, and on what basis are you prohibited from discriminating.  The "enumerated grounds" deals with the areas you can not discriminate on - the usual sex, race, religion, etc.  However all of that only applies to providing goods and services to the public.
Posts here are my own private opinions.  I do not speak for my employer.

The Brain

At least BB is better than those South American prosecutors: "GAOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOL!!!"
Women want me. Men want to be with me.

Barrister

Quote from: The Brain on July 04, 2014, 01:32:32 PM
At least BB is better than those South American prosecutors: "GAOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOL!!!"

:lol:
Posts here are my own private opinions.  I do not speak for my employer.

crazy canuck

Quote from: Barrister on July 04, 2014, 01:30:41 PM
There are two different aspects - who does the law apply to, and on what basis are you prohibited from discriminating.  The "enumerated grounds" deals with the areas you can not discriminate on - the usual sex, race, religion, etc.  However all of that only applies to providing goods and services to the public.

You are wrong about it only applying goods and services to the public.  prohibitions on discrimination enumerated ( :P) in Human Rights codes in this country and in the Civil Rights codes in the US also deal with employment.

If you want to think I meant that all discrimination was illegal and not just the disrimination enumerated in the Code then all I can say is that is typical for Languish.

Barrister

Quote from: crazy canuck on July 04, 2014, 01:50:13 PM
Quote from: Barrister on July 04, 2014, 01:30:41 PM
There are two different aspects - who does the law apply to, and on what basis are you prohibited from discriminating.  The "enumerated grounds" deals with the areas you can not discriminate on - the usual sex, race, religion, etc.  However all of that only applies to providing goods and services to the public.

You are wrong about it only applying goods and services to the public.  prohibitions on discrimination enumerated ( :P) in Human Rights codes in this country and in the Civil Rights codes in the US also deal with employment.

If you want to think I meant that all discrimination was illegal and not just the disrimination enumerated in the Code then all I can say is that is typical for Languish.

That seemed to be what you were saying, but thanks for clarifying. :)
Posts here are my own private opinions.  I do not speak for my employer.

Siege

Everybody discriminates against me here in Languish.

You all make fun of my ethnicity, national origin, religion, political beliefs, accent, food preference, beer preference, female appearance preference, education level, conspiracy theory preference, etc, etc, etc.


"All men are created equal, then some become infantry."

"Those who beat their swords into plowshares will plow for those who don't."

"Laissez faire et laissez passer, le monde va de lui même!"