Indiana's freedom to discriminate law

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Very simple - if I'm forced to work for people I don't want to work for, by government legislation, I'm a slave.

In a free society, I'm free to make my own choices with which people I want to make contracts. My own choices may be, of course, completely arbitrary. Imagine, for example, a vague feeling or irrational fear that this person is a cheater. Certainly something which has to be left to my own decision, without any obligation to justify this.

That means, once I have the freedom not to cooperate with people I don't like, and don't have to justify this decision, I can as well follow completely irrational principles, like religious, or racist, or homophob reasons.

This freedom to make even irrational decisions is what distinguishs a free society from a totalitarian Brave New World where I'm obliged to make love with everybody.


Maybe. But this is not the business of the state.
Silly, it's not such a clear dichotomy. There are no absolutely free markets or free societies at all, anywhere, at any time. Markets require rules, and the USA is no exception. If you want to do business with the public, you cannot discriminate against certain protected classes. If you do interstate business, you are subject to federal laws, which can be more strict than state laws. Cheaters are not protected classes of people. Your private business is of course your own.

Laws don't make slaves of us, we are citizens. We aren't owned, but certain behaviors that affect others, those that take place in public, are and should be regulated.
 
you aren't a freedom fighter. your trying to take freedom away from others.
As almost every freedom fighter, I indeed try to take away the freedom to enslave others from the people. Because the right to get services from people who don't want you to give these services volitionally is a right to use slave labour.

the public sphere is everything open to the public like you know most businesses
I know. And that's why restrictions of behaviour in "public space" are, in fact, serious intrusions into the private sphere of the people.

do you not understand how businesses function. again not being able to discriminate doesn't make you slave. that comparison is moronic and an insult to the millions of real slaves in the world today.
The rigth to receive services from people who do not want to give these services is the right for using slave labour.
no it isn't. last time i checked your genitals aren't open to the public.
I have explained that I know that I have, yet, a right to discriminate in this particular domain. Yet. By the way, in a free society I have also the right to open my genitals to everybody interested. At least in my private property - but my private property is, of course, also public space if I allow everybody to visit it.
again no it isn't. if i go to sign a contract to build a house on a lot and don't sign another one with some one else i'm not discriminating with them i'm merely choosing not to deal with them.
You are, of course, discriminating - simply in this business discrimination is allowed - yet.
again no one is saying you need to have sex with everyone. again not discrimination.
Again, I have already written myself, that I do not have to have sex with everyone - yet. Because I'm - yet - allowed to discriminate in this domain, even in a quite racist and homophob way. Yet.

but refusing to deal with a whole subset of people because of who or what they are is discrimination and illegal.
I know. Because the US is, increasingly, a totalitarian police state.

your a libertarian aren't you?
Correct.
 
Perhaps I shouldn't work in everything except a prisoners camp of your police state, then?

What moral right you have to forbid me to provide services to people I want to provide services, and who want to receive my services?
You're a bigot. You shouldn't work in a prison camp, you should live there.
 
Nope. You can have sex with whoever you want. However, if you use that right to do harm you may find the right to do that limited by force.
But refusing to make a service contract with somebody does not harm. The other guy has to possibility to use other service providers.

So discrimination against blacks was allowed until it became clear that it was being used to justify systematic removal of their civil rights.
Sorry, but this is nonsense. Nobody has a right to slave labor of other people. If you name this "their civil right", your choice of newspeak - for me, it remains a right to use slave labor of other people, which is not a right appropriate for a free society.
 
You're a bigot. You shouldn't work in a prison camp, you should live there.
Thank you for openly acknowledging that you want a totalitarian police state.

Because you, obviously, want a state where it is sufficient that you name me a "bigot" to be send into prison.
 
PJdude1219 said:
your a libertarian aren't you?

The libertarian version of this argument reminds me of Creationism. Remember how they couldn't push religion in the schools, so they just changed all the terms to Intelligent Design? In the end, it still isn't anything other than a belief system, and if that is the realm of basic education we might as well include classes on veterinary care with especial focus on basilisk grooming, unicorn shoeing, optometry for one-eyed one-horned rotten purple people eaters, and dentistry for Traalian bugblatters.

Our neighbor is putting up one of those experimental arguments, looking for a foothold in order to pose as rational while making an irrational argument. Notice how he's trying to reserve the public square―i.e., publicly-licensed businesses―to the privacy of domicile: "If the 'public sphere' also includes my private rooms ....".

And notice how general he stays. Rather, I can't recall the last time anybody ever got pregnant from baking a cake.

Also, note the argumentative style; it makes no sense:

"The problem with the partnership is simply that the state - means with taxpayers money, including gay taxpayers - supports families. But possibly not gay partnerships. This is IMHO the problem - there should be no such support. Supporting particular ways of life financially is something which should be left to religious organizations."

Now, here's the thing; this is what he was responding to:

For many Christians, the prospect of equality is horrifying. Why? Because they are losing privilege. The expectation that they should be merely equal to their neighbors is argued as a violation of their equality.

Besides, this religious freedom thing is now to the point that Texas is preparing to protect those who force child victims of sexual abuse to carry pregnancies. So ... no, I just don't buy all that deliberately dishonest bullshit about religious freedom empowering discrimnation.​

So, yeah, go back and read that resposne again.

And then all of this self-justifying grandeur; he's just pissed that his side is losing, and is scrabbling around for some sort of pretense of victimhood.

But this libertarian pretense is clearly ill-conceived.

He is advocating the ability to harm other people for the sake of religious conscience.

And the thing is that I've been hearing this argument in my own lifetime at least since the heavy metal wars, when the object was to censor bands in the marketplace for the sake of religious conscience. I mean, sure, it has existed for a long time, but that's when I came across it, during the heavy metal wars. In order for the Christian to be equal, someone else must be suppressed. And, hell, that's actually where the current arc of the Gay Fray begins. Heather Has Two Mommies. That's where it started. It all came down to a Christian's First Amendment rights being violated if someone else wasn't censored.

And that's where I came into contact with this political fight. In Oregon, 1992. At the invitation of Christians who wanted me to approve not only censorship but outright ostracism. As with the music, or the books that offended Christians by talking about things like magic―seriously? A Wrinkle In Time for being communist and anti-religious?―I made my decision. And in truth, I'm stunned that it comes to this. But here we are, and we couldn't have come this far without these zealots driving the fight. Raise a glass.

No, really, 1992 was Oregon and Colorado. Oregon lost at the ballot box and Colorado in court. And it's been on ever since, a continuous arc of ballot measures and legal fights that lead to this. What they said they feared back then they have ushered in by their zeal.

And this is what we're back to: The right to hurt another person for the sake of religious conscience. It's the same as it ever was.

In a way, that's kind of comforting. It's all they have left, because it is all they ever had. This one is almost over.
 
But refusing to make a service contract with somebody does not harm. The other guy has to possibility to use other service providers.
History has shown that that's not been true. Blacks could not simply "go to a different restaurant" - and the refusal of that service contract caused decades of oppression and segregation that was deeply damaging to this country. That's why we have laws against it. Not because anyone wants to make you a sex slave, but because "the freedom to refuse service" has been used to commit serious social injustices against some groups.
Sorry, but this is nonsense. Nobody has a right to slave labor of other people.
Agreed, and no one is suggesting anyone has that right.
(However, you do not have the right to have any job you want, nor do you have the right to do that job any way you want. Fortunately if you don't like the job you can always quit - which is what makes it different than being a slave, no matter how much hyperbole you throw at it.)
 
There are no absolutely free markets or free societies at all, anywhere, at any time. Markets require rules, and the USA is no exception. Laws don't make slaves of us, we are citizens. We aren't owned, but certain behaviors that affect others, those that take place in public, are and should be regulated.
That there is no really free territory on Earth today is correct. In the past, there have been sufficiently free societies - but this is just a claim which I have no interest to defend here, feel free to believe that the greatest police state on Earth today (if judging from the number of incarcerated persons) is the most free state which has ever existed. And, no, markets do not require rules - except that contracts have to be fulfilled. But this rule can be enforces easily by reputational systems.

If you name private property "public", as you have to, to regulate as "in public" things which happen on private property, this clarifies that you prefer a state which does not have private property.
 
Thank you for openly acknowledging that you want a totalitarian police state.

Because you, obviously, want a state where it is sufficient that you name me a "bigot" to be send into prison.
Meh. I'd settle for you going out of business and becoming bankrupt. If you don't want gay customers, you don't deserve ANY customers.
 
History has shown that that's not been true. Blacks could not simply "go to a different restaurant" - and the refusal of that service contract caused decades of oppression and segregation that was deeply damaging to this country.
There was, without doubt, a time where racial discrimination was enforced by law. So what? Nobody is proposing here such laws.

That's why we have laws against it. Not because anyone wants to make you a sex slave, but because "the freedom to refuse service" has been used to commit serious social injustices against some groups.
No. There is no necessity for such laws - all what is necessary is not to have laws which force people to discriminate.
 
Meh. I'd settle for you going out of business and becoming bankrupt. If you don't want gay customers, you don't deserve ANY customers.
Oh, thank you for not directly sending me into prison. And, because I don't even have a business, I cannot even become bankrupt. And, of course, you have no idea at all if I have gay friends or not.
 
Oh, thank you for not directly sending me into prison. And, because I don't even have a business, I cannot even become bankrupt. And, of course, you have no idea at all if I have gay friends or not.
"I'm not racist, I totally have black friends."
 
There was, without doubt, a time where racial discrimination was enforced by law.
No. There was, without doubt, a time where racial discrimination was enforced by individuals and businesses refusing to make a service contract with blacks. That's what we are talking about. Not laws - simply a society of white bigots who, through their own decisions, oppressed an entire race for decades. Most Americans are, understandably, ashamed of how blacks were treated back then. They have passed laws to prevent this in the future.

If you could go back to Georgia of the 1950's, would you support the right of all the white businesses there to deny blacks the use of their lunch counters, white bathrooms, private schools, beaches and parks? Would you be one of the people calling the police on Rosa Parks?
 
Also, note the argumentative style; it makes no sense:

"The problem with the partnership is simply that the state - means with taxpayers money, including gay taxpayers - supports families. But possibly not gay partnerships. This is IMHO the problem - there should be no such support. Supporting particular ways of life financially is something which should be left to religious organizations."

Ok, another try. Can you imagine a state which considers such private decisions like marriage as private, as not the business of the state, and therefore not regulating it at all? That means, if you want to marry, go to a church of your choice, which has such a marriage ritual in their program, and marry, but the state is unimpressed by this? A problem of gay marriage would simply not exist. The word "marriage" would not be used in the law at all, so, there would be no point of "allowing" or "forbidding" some gay marriage.

The religious zealots would be satisfied - nobody forces their beloved church to accept gay marriages - or, if some gay activists try, it would be left to church members to decide about this, and some religions could accept it, while others would not, a private problem of this religious community. And, given that the state does not care about marriage at all, he would be unable to make a difference between a "family" according to some religious belief and two gays who decide to live with each other, thus, unable to discriminate gays in this question.

This would be the libertarian solution.
 
Ok, another try. Can you imagine a state which considers such private decisions like marriage as private, as not the business of the state, and therefore not regulating it at all? That means, if you want to marry, go to a church of your choice, which has such a marriage ritual in their program, and marry, but the state is unimpressed by this? A problem of gay marriage would simply not exist. The word "marriage" would not be used in the law at all, so, there would be no point of "allowing" or "forbidding" some gay marriage.

The religious zealots would be satisfied - nobody forces their beloved church to accept gay marriages - or, if some gay activists try, it would be left to church members to decide about this, and some religions could accept it, while others would not, a private problem of this religious community. And, given that the state does not care about marriage at all, he would be unable to make a difference between a "family" according to some religious belief and two gays who decide to live with each other, thus, unable to discriminate gays in this question.

This would be the libertarian solution.
your missing the point. their are benefits in our society given to married people thats why its an issue. without rewarding marraige the issue would never arise.
 
No. There was, without doubt, a time where racial discrimination was enforced by individuals and businesses refusing to make a service contract with blacks. That's what we are talking about. Not laws - simply a society of white bigots who, through their own decisions, oppressed an entire race for decades. Most Americans are, understandably, ashamed of how blacks were treated back then. They have passed laws to prevent this in the future.

If you could go back to Georgia of the 1950's, would you support the right of all the white businesses there to deny blacks the use of their lunch counters, white bathrooms, private schools, beaches and parks? Would you be one of the people calling the police on Rosa Parks?

http://en.wikipedia.org/wiki/Jim_Crow_laws
"The Jim Crow laws were racial segregation state and local laws enacted after the Reconstruction period in Southern United States that continued in force until 1965 mandating de jure racial segregation in all public facilities in Southern U.S. states (of the former Confederacy), starting in 1890 with a "separate but equal" status for African Americans."

So, it looks like in Georgia 1950 there have been laws enforcing racial segregation, not?

To answer your questions - I would fight the Jim Crow laws, and, of course, not call the police to enforce them - but, on the other hand, I would support the right of everybody (blacks as well as whites) to discriminate in whatever way they like on their private property.
 
your missing the point. their are benefits in our society given to married people thats why its an issue. without rewarding marraige the issue would never arise.
No, I'm not missing the point - this is my point. Remove the benefits to married people, and the issue would not arise. If one wants to support people who raise children, support people who raise children - no reason to support people who are simply married.
 
"I'm not racist, I totally have black friends."
Expecting such a reaction (the reactions of some people are surprisingly easy predictable) I have not given any information if I have gay friends or not. But it does not help. (Ok, this was predictable too.)
 
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