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Quote jamiemartin721
Blah blah blah Quote derban
wah wha wha Edited by jamiemartin721 (28 May 2015 10.17am)
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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
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.)
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?
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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?
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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) Paedophiles aren't a protected group under equality and discrimination legislation. Actions of paedophiles are criminal by definition. As Mr Allen QC, who isn't called martin, points out, there is no basis for anyone to assume a message is that of the company, rather than the subcontractor (which is established in business law and case precedent). Its important as well to note that they didn't reject it, the accepted it, took payment and then decided it reject it (and as such subjected themselves to legal recourse). Even if its not about contract law, that established as basis on which discrimination could be established.
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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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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)
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. 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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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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