This page is no longer updated, and is the old forum. For new topics visit the New HOL forum.
Visit the current forum | Forum Rules
|
There's definitely a whiff of latency coming from some of you via this thread. You absolutely love talking about gays
Big chest and massive boobs |
|
| jamiemartin721 |
|
|---|---|
|
Quote Stirlingsays at 26 May 2015 2.53pm
I was under the impression Jamie that a business can't put up a message saying, 'no homosexual promotional messages allowed'. The fact that MENSA has an entry requirement doesn't change the fact that its discriminating against those born less intelligent.......It's just 'accepted prejudice'......Pwople born less intelligent had no choice just like the majority born gay...Does society allow private groups to set up clubs which specifically say 'no gay people' allowed? I'm not particularly against MENSA I'm just pointing out the hypocrisy of society. I don't think it can, but it can do so with some degree of subtilty, such as a sign stating that only messages approved of by the management will be accepted or something to the extent that permits refusal on a non-specific basis (such as messages of a political or manner deemed controversial to the owners etc). Its true that people discriminate all the time, every time anyone makes a choice. However the criteria of why we discriminate can be reasonable (MENSA is reasonable in its discrimination and up front about it and the decision is based on a reasonable criteria - performance in IQ testing). Which is a bit different from discrimination on the basis of the colour of skin, choice of sexual partner, gender etc. Edited by jamiemartin721 (26 May 2015 5.37pm)
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
| jamiemartin721 |
|
|---|---|
|
Quote derben at 26 May 2015 4.16pm
Quote jamiemartin721 at 26 May 2015 2.12pm
Quote derben at 26 May 2015 1.23pm
Quote jamiemartin721 at 26 May 2015 1.14pm
Quote derben at 26 May 2015 1.05pmLOL - I'm sure in your world it is irrelevant - it is enough that someone is politically incorrect.
Also glad you admit that it is not about contract law - what is it about then?
In a civil case, its irrelivent, because reasonable doubt is not applied. Its about balance of evidence and best argument. Its about discrimination. Contract law is vital to the case, brought under discrimination law, because it shows a breach of contract, which has to have occurred in order to make a claim of discrimination. Without a breach of contract, you cannot demonstrate the discrimination occurred. That's because no discrimination occurred. So clearly you're view is that the plantiff's case doesn't show discrimination, and the judge clearly doesn't understand the law. Well then, lets hope they exercise their legal rights and appeal the decision. Yes for the former, no for the later, she chose to misinterpret the law and would have found for the plaintiff whatever the 'evidence'. I hope they do appeal the decision. Edited by derben (26 May 2015 4.20pm) So can you point to specific instances of bias from the Judges ruling, that are unreasonable and unlawful or mistakes? Hmm I'd expect a judicial review then of the case, if its based not on the evidence, you should lodge an official complaint, highlighting the errors in the justices interpretation of evidence etc. Stand up for your straight rights and all that.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
| jamiemartin721 |
|
|---|---|
|
Quote derben at 26 May 2015 5.49pm
Quote jamiemartin721 at 26 May 2015 5.34pm
Quote derben at 26 May 2015 4.16pm
Quote jamiemartin721 at 26 May 2015 2.12pm
Quote derben at 26 May 2015 1.23pm
Quote jamiemartin721 at 26 May 2015 1.14pm
Quote derben at 26 May 2015 1.05pmLOL - I'm sure in your world it is irrelevant - it is enough that someone is politically incorrect.
Also glad you admit that it is not about contract law - what is it about then?
In a civil case, its irrelivent, because reasonable doubt is not applied. Its about balance of evidence and best argument. Its about discrimination. Contract law is vital to the case, brought under discrimination law, because it shows a breach of contract, which has to have occurred in order to make a claim of discrimination. Without a breach of contract, you cannot demonstrate the discrimination occurred. That's because no discrimination occurred. So clearly you're view is that the plantiff's case doesn't show discrimination, and the judge clearly doesn't understand the law. Well then, lets hope they exercise their legal rights and appeal the decision. Yes for the former, no for the later, she chose to misinterpret the law and would have found for the plaintiff whatever the 'evidence'. I hope they do appeal the decision. Edited by derben (26 May 2015 4.20pm) So can you point to specific instances of bias from the Judges ruling, that are unreasonable and unlawful or mistakes? Hmm I'd expect a judicial review then of the case, if its based not on the evidence, you should lodge an official complaint, highlighting the errors in the justices interpretation of evidence etc. Stand up for your straight rights and all that.
Yes, the bakers were sued under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006, the plaintiff claiming he had been discriminated against contrary to its provisions. The Act defines discrimination as 'on grounds of sexual orientation, person A treats person B less favourably than he treats other persons'. Clearly the bakers would have treated a straight man in exactly the same way if he had asked for the same wording on the cake. Obviously an incorrect ruling by Brownlie. Except QC Allen Martin demonstrates that in fact they did discriminate on the basis of sexual orientation, because they do produce cakes celebrating straight marriage. Which makes it about the fact that its gay marriage. Couple that with the bakers own statements, the fact they accepted the order and took the money, that the organisation isn't promoted as a religious one, nor does it entertain any statement as to that effect The only conclusion you can reach is that the key issue was that the individual issue was that it was gay rather than straight marriage - and that the discrimination experienced by the plantiff was on the basis of sexual orientation. Person A, treated Person B, less favourably than a hyperthetical person, on a basis of sexual orientation. Now had they not entered into a contract on that basis, they couldn't have proven it. But they did, and they should have raised any issue prior to accepting payment. Doesn't matter about hypotheticals, because they didn't actually occur. A case is tried on the merits of evidence.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
| jamiemartin721 |
|
|---|---|
|
Quote derben at 26 May 2015 6.28pm
Certainly they discriminated the message; they would have allowed "Support Marriage in the sense that is has been recognised as a union between a man and a woman for millennia" (would need a large cake though). However, they did not treat Gareth Lee less favourably, they would have refused you or I had we asked for a slogan stating "Support a parody of marriage that is not even legal in Northern Ireland". If that truly is the case, then why would the accept the order and take the payment in the first place.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
| jamiemartin721 |
|
|---|---|
|
Quote ZIGnZAG at 26 May 2015 8.33pm
Quote jamiemartin721 at 26 May 2015 2.31pm
Quote Stirlingsays at 26 May 2015 2.04pm
Whether a business is licenced under alcohol laws or a private business or anything else prejudice or discrimation is being used...... They retain the right to refuse admission without giving a reason, which makes proving prejudice, very difficult. Also in terms of prejudice, in law, what is significant is that specific types of prejudice are highlighted as protected. Of course if they let you in with say trainers, and then throw you out because your wearing trainers, then they've broken the law (an apt analogy in this cake business). Quote Stirlingsays at 26 May 2015 2.04pm
In a sense the concept of MENSA is highly offensive and elitist and in another sense it just follows the reality of life....Like wish to be with like....However a spade is a spade and should be called as such. Yes, but in terms of the law it operates as a private members club, it simply cannot refuse you entry because of race, religion, gender or sexual orientation - which are prohibited under law. Having an entrance requirement that fulfils discriminatory law, and that is clearly displayed up front is where the significance and difference applies. Quote Stirlingsays at 26 May 2015 2.04pm
The fact that the law operates a system where some businesses can have an excuse for prejudice does not change the focus. Actually the law pretty much says you don't have to accept anyone's business if your upfront about it and clearly state your reasons. You can ban people from your shop, you can refuse to take orders, serve people etc Its almost impossible to prove prejudice unless the statement by the owner is explicit, and even then its your word against theirs, if there are no witnesses Quote Stirlingsays at 26 May 2015 2.04pm
I'm not really that against it......It just annoys me to see society focus its 'anti-prejudice' beam into very limited areas.....Usually depending upon 'worthy groups' who happen to be fashionable to the chattering classes who run this island. But that isn't there case here, they entered into business, took money and backed out. Quote Stirlingsays at 26 May 2015 2.04pm
Prejudice is a fact of life....I can see the sense in hotels and B&Bs not being allowed to have signs up stating 'no blacks or Irish' as they are providing rooms not actually being asked to create a product that promotes something they aren't comfortable with. Unfortunately QC Martin Allen demonstrated an argument in court that they weren't promoting gay marriage and that its unreasonable to assume that people would assume that the message was 'their own', rather than that of the person placing the order. Quote Stirlingsays at 26 May 2015 2.04pm
Both involve a form of prejudice but one directly states that you are denied service because of your race or nationality but the other doesn't.....It's focused upon the message being promoted....The business has no doubt served many shade of sexuality. Indeed, but in this case you had one side build a case that demonstrated prejudice, whilst the other side produced a case based on hypotheticals about rights. The plantiff demonstrated that the rights of the defending party weren't violated, and that the bakery actions amounted to discrimination. Quote Stirlingsays at 26 May 2015 2.04pmOn the disabled point:
Whether the law doesn't allow discrimation against the disabled or not, it can't save them from its many guises....It's just another unwritten rule of life. Indeed, just like anything in law, you can't prevent it happening, but you can provide legal redress where it can be proven. And that's the key point in the Gay Cake case, the plantiff can prove reasonable grounds for discrimination from the case presented whilst also presenting an argument that the respondents defence of their action is flawed. Quote Stirlingsays at 26 May 2015 2.04pm
Also I suppose that rders and payment can be accepted for a business by workers instead of owners. So maybe that was the case here....A worker took the order and the owner then looks at it later....Maybe, maybe not. Doesn't matter, a business is responsible for its employees training. In this case, the individual who took the order, specifically states they knew they would have a problem with it, but accepted it anyhow because they 'didn't want to cause a fuss'.
Which makes it about the fact that its gay marriage. Couple that with the bakers own statements, the fact they accepted the order and took the money, that the organisation isn't promoted as a religious one, nor does it entertain any statement as to that effect The only conclusion you can reach is that the key issue was that the individual issue was that it was gay rather than straight marriage - and that the discrimination experienced by the plantiff was on the basis of sexual orientation. Person A, treated Person B, less favourably than a hyperthetical person, on a basis of sexual orientation. Now had they not entered into a contract on that basis, they couldn't have proven it. But they did, and they should have raised any issue prior to accepting payment. Doesn't matter about hypotheticals, because they didn't actually occur. A case is tried on the merits of evidence."
Actually the person in question, regarding the taking of the order, is one of the owners. Not legal technicalities, but evidence presented to support a case. Its not a technicality to say that actions displayed at the time, are a stronger case that what someone then says later at trial that they thought at the time, but can't be corroborated. There is nothing technical about strong evidence or a good case. If they were 'afraid of offending' then surely they wouldn't later have rejected the order, or would have responded to the Equality commissions initial findings?
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
| jamiemartin721 |
|
|---|---|
|
Quote ZIGnZAG at 26 May 2015 8.11pm
Quote derben at 26 May 2015 7.36pm
Quote jamiemartin721 at 26 May 2015 7.19pm
Quote derben at 26 May 2015 6.28pm
Certainly they discriminated the message; they would have allowed "Support Marriage in the sense that is has been recognised as a union between a man and a woman for millennia" (would need a large cake though). However, they did not treat Gareth Lee less favourably, they would have refused you or I had we asked for a slogan stating "Support a parody of marriage that is not even legal in Northern Ireland". If that truly is the case, then why would the accept the order and take the payment in the first place. What are you saying? That they knowingly took the order knowing they would later object to the wording? Why would they do that? Who took the order? An assistant who didn't take in the message or realise the repercussions perhaps. Who cares, the fact is they did not discriminate against Gareth Lee because he was gay, they discriminated because the message he wanted was not acceptable to them. If Lee had been reasonable, rather than a gay rights activist/troublemaker, he would have simply gone to another shop, and told all his friends to boycott Ashers as they were homophobic thought-criminals, (perhaps organised marches etc with placards supplied by the Socialst Workers Party, chanting "What do we want?", "Ashers bakery burnt to the ground and the heretics burned at the stake", "When do we want it?", "Now!". Instead he invokes the law to protect his 'right' to force them to assist in his campaign to make something illegal in Northern Ireland, legal - what a hero. Edited by derben (26 May 2015 7.37pm)
Nothing vaguely homophobic about that.
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
| jamiemartin721 |
|
|---|---|
|
Quote derben at 26 May 2015 7.36pm
Quote jamiemartin721 at 26 May 2015 7.19pm
Quote derben at 26 May 2015 6.28pm
Certainly they discriminated the message; they would have allowed "Support Marriage in the sense that is has been recognised as a union between a man and a woman for millennia" (would need a large cake though). However, they did not treat Gareth Lee less favourably, they would have refused you or I had we asked for a slogan stating "Support a parody of marriage that is not even legal in Northern Ireland". If that truly is the case, then why would the accept the order and take the payment in the first place. What are you saying? That they knowingly took the order knowing they would later object to the wording? Why would they do that? Who took the order? An assistant who didn't take in the message or realise the repercussions perhaps. Who cares, the fact is they did not discriminate against Gareth Lee because he was gay, they discriminated because the message he wanted was not acceptable to them. If Lee had been reasonable, rather than a gay rights activist/troublemaker, he would have simply gone to another shop, and told all his friends to boycott Ashers as they were homophobic thought-criminals, (perhaps organised marches etc with placards supplied by the Socialst Workers Party, chanting "What do we want?", "Ashers bakery burnt to the ground and the heretics burned at the stake", "When do we want it?", "Now!". Instead he invokes the law to protect his 'right' to force them to assist in his campaign to make something illegal in Northern Ireland, legal - what a hero. Edited by derben (26 May 2015 7.37pm) Order was taken Karen McArthur, a director of Ashers bakery. The same person who objected later. Nice hyperbole by the way and deflection, apparently now the SWP, and its all the fault of the uppty gays who exercise their legal rights to equality. So far we've had thought-police and the inquisition / witch hunts thrown in for good old fashioned hyperbole. Why not play the Godwin card?
"One Nation Under God, has turned into One Nation Under the Influence of One Drug" |
|
All images and text on this site are copyright © 1999-2025 The Holmesdale Online, unless otherwise stated.
Web Design by Guntrisoft Ltd.