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Ireland Vote For Gay Marriage.

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derben Flag 28 May 15 2.39pm

Quote jamiemartin721 at 28 May 2015 10.17am

Quote jamiemartin721

Blah blah blah

Quote derban

wah wha wha

Edited by jamiemartin721 (28 May 2015 10.17am)

Fabricating my posts now I see.

 

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derben Flag 28 May 15 2.40pm

Quote jamiemartin721 at 28 May 2015 10.18am

Quote derben at 27 May 2015 8.25pm

Quote jamiemartin721 at 27 May 2015 7.39pm

Quote derben at 27 May 2015 2.20pm

jamiemartin721

Did a straight man go in and ask for the same cake, prior to the case? The answer is no, which means its not evidence (because reasonable doubt doesn't apply) no matter how many times you say it. Hiding behind a possible hypothetical isn't a defence in law.



_____________________________________________

No, a straight man did not go in and ask for the same cake. That being the case, how does the court judge that they treated Person B (gay rights agitator Gareth Lee) exactly the same as Person A? If, as you say, hypothetical people won't do?

If a straight man had gone in and ordered a cake with the same wording,and Ashers made it, gay rights fanatic Lee might have a case. (Personally I would allow a business to serve whom they choose whatever the circumstances.)


Edited by derben (27 May 2015 3.11pm)

By actual examples.
_____________________________

What actual examples? Which person or people were treated differently than malcontent Gareth Lee when asking for "Support Same-Sex Marriage" on a cake?

Edited by derben (27 May 2015 8.44pm)

Presumably the people buying wedding cakes for straight hetro marriages?


___________________________________________
Gay rights hero Gareth Lee didn't order a wedding cake.


Edited by derben (28 May 2015 2.43pm)

 

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derben Flag 28 May 15 2.41pm

Quote jamiemartin721 at 28 May 2015 12.38pm

Quote derben at 28 May 2015 10.36am

Quote legaleagle at 28 May 2015 9.52am

Forgive me,but I get the impression for some reason that you are not amongst the most open minded people on this issue...

The law of the land in N Ireland is that discrimination on the basis of sexual orientation is illegal.The law of the land in N Ireland is that gay marriage is illegal.The law of the land is that you cannot be discriminated against on basis of sexual orientation because you call for a change to the law of the land on gay marriage.People (including you) are allowed freedom of expression for calling for changes to the current law of the land and the right not to be discriminated against on the basis of race or sexual orientation for so doing.In your eyes,double think.In the eyes of others, not.

On a separate note,below is an interesting commentary from a legal perspective by one of Robin Allen's colleagues at Cloisters Chambers,Olivia Dobbie:

"There have been numerous cases in recent years of gay rights colliding with religious rights and the tension between the two protected groups. However, in a liberal democratic society there can be no exceptions to the prohibition on discrimination. No one is denying Christians a right to believe that homosexuality is contrary to their religion, but the law must step in to prevent such persons from discriminating in their actions towards others. The law recognises a distinction between holding a particular belief and actions taken in furtherance of that belief, which could undermine the rights of others. The principle becomes clear when you swap homosexuality for nationality. For example, if a person held a genuine religious belief that people of a particular nationality were inferior and refused to serve them in their bakery, or refused to make a cake celebrating their national holiday, on the basis that it infringed their religious belief, no one would suggest that this was acceptable. There should be no difference for homosexuality.”

Edited by legaleagle (28 May 2015 9.53am)

I couldn't care less if you have the impression for some reason that I am not amongst the most open minded people on this issue. Of course you don't take sides do you.

People are allowed freedom of expression for calling for changes to the current law of the land and the right not to be discriminated against on the basis of race or sexual orientation So a paedophile could demand that Ashers bakery make a cake with the slogan "Support Child Marriage" on it, otherwise they would be discriminating on the basis of his sexual orientation?

By the way, I think businesses and individuals should have the right to refuse to do business with whomever they like. without state interference.

Edited by derben (28 May 2015 10.37am)

Individuals generally do, but who decides for a business, which director, or should managers decide individually, or employees individually? How do you marry the rights of individuals within a business?

In general, it would be left to people to use their common sense.

 

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derben Flag 28 May 15 2.46pm

Quote Stirlingsays at 28 May 2015 2.24pm

This is a great thread with some great forth and back.

I'm obviously on the side of the bakery being allowed to refuse to create a product if they wish.

However, having thought about it after finding out that payment was received by the owner.....It puts another shade upon the deal.

The time is refuse was at the point of sale.....I'd support the bakery having a message up about 'reserving the right to refuse a message'....But perhaps once you have taken the order with the message and the money with it you should then see through the order as a point of principle.

If someone takes my money for something I don't take kindly to being told at a later date, 'no thanks'.....That's mucking me about.....The time for that is at the point of sale.....Like the bouncer who refuses you or allows you entry to the club.

So in summary I support the right of a business such as bakeries to filter which messages they produce on products.....Whether that's their prejudice or not.....A customer can always choose another shop.

However, I think for fairness of business practice....If the owner has taken the order with payment.....tough titty....Fulfill your part of the exchange.

People shouldn't be forced into things against their conscience but by the same token....If you take the man/women's money as the owner....Produce the service/product.

Edited by Stirlingsays (28 May 2015 2.25pm)

But Ashers were charged with discrimination in that they treated a gay man differently than they would another (not they did of course), not for failing to complete a contract. Otherwise I agree, sue them under a Minor Breach of Contract prosecution not discrimination.

Edited by derben (28 May 2015 2.52pm)

 

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Quote derben at 28 May 2015 2.46pm

Quote Stirlingsays at 28 May 2015 2.24pm

This is a great thread with some great forth and back.

I'm obviously on the side of the bakery being allowed to refuse to create a product if they wish.

However, having thought about it after finding out that payment was received by the owner.....It puts another shade upon the deal.

The time is refuse was at the point of sale.....I'd support the bakery having a message up about 'reserving the right to refuse a message'....But perhaps once you have taken the order with the message and the money with it you should then see through the order as a point of principle.

If someone takes my money for something I don't take kindly to being told at a later date, 'no thanks'.....That's mucking me about.....The time for that is at the point of sale.....Like the bouncer who refuses you or allows you entry to the club.

So in summary I support the right of a business such as bakeries to filter which messages they produce on products.....Whether that's their prejudice or not.....A customer can always choose another shop.

However, I think for fairness of business practice....If the owner has taken the order with payment.....tough titty....Fulfill your part of the exchange.

People shouldn't be forced into things against their conscience but by the same token....If you take the man/women's money as the owner....Produce the service/product.

Edited by Stirlingsays (28 May 2015 2.25pm)

But Ashers were charged with discrimination in that they treated a gay man differently than they would another (not they did of course), not for failing to complete a contract. Otherwise I agree, sue them under a Minor Breach of Contract prosecution not discrimination.

Edited by derben (28 May 2015 2.52pm)


Yup, I don't agree with the whole....'this company must be punished because of discrimination' argument. While I agree that minor prejudice is in force here I think its ridiculous and harmful to uphold an action upon those lines.....Any judge who wasn't 'up his own arse'....wouldn't convict....But I'd imagine those are few and far between.

The whole 'anti gay or gay message' argument is a ridiculous play of words and for me depends entirely upon how you frame the argument.....Like I say, a play of words.

But I'd agree with a breach of contract.

Edited by Stirlingsays (28 May 2015 5.57pm)

 


'Who are you and how did you get in here? I'm a locksmith. And, I'm a locksmith.' (Leslie Nielsen)

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jamiemartin721 Flag Reading 28 May 15 6.13pm

But who decides what is and isn't acceptable for a company. Ok, its easy if there are only one or two people and sole traders.

But what if there are say 20 different people, all with different views. The only option would be some people get to make the decision (presumably the most senior), which then means people are being forced to do things against their beliefs if they conflict with the managements and owners

 


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jamiemartin721 Flag Reading 28 May 15 6.14pm

Quote Stirlingsays at 28 May 2015 5.53pm

Quote derben at 28 May 2015 2.46pm

Quote Stirlingsays at 28 May 2015 2.24pm

This is a great thread with some great forth and back.

I'm obviously on the side of the bakery being allowed to refuse to create a product if they wish.

However, having thought about it after finding out that payment was received by the owner.....It puts another shade upon the deal.

The time is refuse was at the point of sale.....I'd support the bakery having a message up about 'reserving the right to refuse a message'....But perhaps once you have taken the order with the message and the money with it you should then see through the order as a point of principle.

If someone takes my money for something I don't take kindly to being told at a later date, 'no thanks'.....That's mucking me about.....The time for that is at the point of sale.....Like the bouncer who refuses you or allows you entry to the club.

So in summary I support the right of a business such as bakeries to filter which messages they produce on products.....Whether that's their prejudice or not.....A customer can always choose another shop.

However, I think for fairness of business practice....If the owner has taken the order with payment.....tough titty....Fulfill your part of the exchange.

People shouldn't be forced into things against their conscience but by the same token....If you take the man/women's money as the owner....Produce the service/product.

Edited by Stirlingsays (28 May 2015 2.25pm)

But Ashers were charged with discrimination in that they treated a gay man differently than they would another (not they did of course), not for failing to complete a contract. Otherwise I agree, sue them under a Minor Breach of Contract prosecution not discrimination.

Edited by derben (28 May 2015 2.52pm)


Yup, I don't agree with the whole....'this company must be punished because of discrimination' argument. While I agree that minor prejudice is in force here I think its ridiculous and harmful to uphold an action upon those lines.....Any judge who wasn't 'up his own arse'....wouldn't convict....But I'd imagine those are few and far between.

The whole 'anti gay or gay message' argument is a ridiculous play of words and for me depends entirely upon how you frame the argument.....Like I say, a play of words.

But I'd agree with a breach of contract.

Edited by Stirlingsays (28 May 2015 5.57pm)

Quite, although in fairness to Mr Allen his presentation of a case is remarkably good, compared to the respondents. A judge in this matter isn't convicting - but making a ruling.

 


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jamiemartin721 Flag Reading 28 May 15 6.17pm

Quote derben at 28 May 2015 2.41pm
In general, it would be left to people to use their common sense.

That's an unworkable system. should work much better?


 


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derben Flag 28 May 15 9.00pm

Quote jamiemartin721 at 28 May 2015 6.17pm

Quote derben at 28 May 2015 2.41pm
In general, it would be left to people to use their common sense.

That's an unworkable system. should work much better?


It's no surprise that you do not rate common sense.

Edited by derben (28 May 2015 9.10pm)

 

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legaleagle Flag 28 May 15 9.18pm

Quote Stirlingsays at 28 May 2015 5.53pm

Yup, I don't agree with the whole....'this company must be punished because of discrimination' argument. While I agree that minor prejudice is in force here I think its ridiculous and harmful to uphold an action upon those lines.....Any judge who wasn't 'up his own arse'....wouldn't convict....But I'd imagine those are few and far between.

The whole 'anti gay or gay message' argument is a ridiculous play of words and for me depends entirely upon how you frame the argument.....Like I say, a play of words.

But I'd agree with a breach of contract.

Edited by Stirlingsays (28 May 2015 5.57pm)

Interestingly,the person who took and accepted the order in the first place,as I understand it,was one of the owners,the one whose evidence I quoted earlier about living her life by her religious principles.

Its sad you slag judges (and yes I appreciate you were jesting a bit!)...basically they rule on the law as is...to say any judge who isn't up themselves wouldn't find against the bakery (its not a criminal conviction) is in my personal general experience of judges silly...if you have a problem,as I see you do,its perhaps more appropriately targeted at the politicians who pass laws you disagree with.

I'm interested where,if anywhere, you draw the line in terms of the state regulating discriminatory actions based on sexuality or race.

I get that you think a cake business should be free to decline to accept an order because of a pro-gay (or logically also an anti-racist) sentiment in the message wanted put on a cake.

But,should it be lawful to decline to take an order for a cake with no message on the basis the customer is black or gay?

Should it be lawful to refuse to take an order from a customer because (very politely) they remark while standing at the counter to someone accompanying them but in the hearing of the person taking the order, that they think gay people should have equality under the law?


Edited by legaleagle (28 May 2015 9.32pm)

 

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Quote legaleagle at 28 May 2015 9.18pm

Quote Stirlingsays at 28 May 2015 5.53pm

Yup, I don't agree with the whole....'this company must be punished because of discrimination' argument. While I agree that minor prejudice is in force here I think its ridiculous and harmful to uphold an action upon those lines.....Any judge who wasn't 'up his own arse'....wouldn't convict....But I'd imagine those are few and far between.

The whole 'anti gay or gay message' argument is a ridiculous play of words and for me depends entirely upon how you frame the argument.....Like I say, a play of words.

But I'd agree with a breach of contract.

Edited by Stirlingsays (28 May 2015 5.57pm)

Interestingly,the person who took and accepted the order in the first place,as I understand it,was one of the owners,the one whose evidence I quoted earlier about living her life by her religious principles.

Its sad you slag judges (and yes I appreciate you were jesting a bit!)...basically they rule on the law as is...to say any judge who isn't up themselves wouldn't find against the bakery (its not a criminal conviction) is in my personal general experience of judges silly...if you have a problem,as I see you do,its perhaps more appropriately targeted at the politicians who pass laws you disagree with.

I'm interested where,if anywhere, you draw the line in terms of the state regulating discriminatory actions based on sexuality or race.

I get that you think a cake business should be free to decline to accept an order because of a pro-gay (or logically also an anti-racist) sentiment in the message wanted put on a cake.

But,should it be lawful to decline to take an order for a cake with no message on the basis the customer is black or gay?

Should it be lawful to refuse to take an order from a customer because (very politely) they remark while standing at the counter to someone accompanying them but in the hearing of the person taking the order, that they think gay people should have equality under the law?


Edited by legaleagle (28 May 2015 9.32pm)

If you had read my posts in the thread (though to be fair to you I think you started posting after me) you would already know my position in relation to the questions you put.

The judge comments was in jest but obviously I think any judge or politician(s) who rules or makes laws against my own opinion has a different worldview to the one I'd like.....That's probably true for most of us.

Yes, I think any business should be reserved the right to refuse a job....Their reason is their business.

But a business to state that they will refuse business because someone is gay or black or whatever....Na, not for me.

Having the right to not be a part in pushing an ideology you don't agree with or like is one thing....Refusing to serve someone due to sexuality or gender is another.

One person's pound is as good as anyone else's.

Na, this is about the message for me......But once the owner took the order with the message and money they had a principle to fulfill the order in my book.

As I said, the right to refuse is valid but it has to be at the point of sale......Sitting on it and then knocking someone back is taking the piss.

For me this is about breach of contract.....I regard the whole sexuality and discrimination stuff as a whole lot of waffle about very little.


Edited by Stirlingsays (28 May 2015 10.51pm)

 


'Who are you and how did you get in here? I'm a locksmith. And, I'm a locksmith.' (Leslie Nielsen)

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legaleagle Flag 29 May 15 12.07am

.

Edited by legaleagle (29 May 2015 12.40am)

 

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