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The Supreme Court’s Disorienting Elevation of Religion
(www.nytimes.com)
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this post was submitted on 10 Jul 2023
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politics
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Your racism example is a perfect example. No one is forcing you to give them a platform.
We need to remember that cases like this are important in setting future legal precedence. If it becomes okay to force religious people to make LGBT speech, then legally a case could be made that we need to give platforms to people like nazis or pedophiles.
Well, no, because making a wedding cake supporting a marriage is inherently different from making a cake supporting a hate group. One is about bringing people together, the other is about dividing them. Also, LGBTQ* people don't choose their sexuality, it's an inalienable part of who they are. Nazis choose to be Nazis. Some might be raised in it, so it's all they know, but it's something they can change about themselves. Someone who is bisexual is pretty much always going to be bisexual. It's the same reason we don't discriminate on the basis on skin color: it's something the person can't control about themselves and has no bearing on who they are except to the degree society has made it so. A religion discriminating on the basis of race or sexuality doesn't mean it's okay to do so. Christians also used to believe in child marriage, but guess what? Times have changed.
Additionally, just because it's speech doesn't mean it's equal in what it's doing nor does it mean that it should be treated the same. Ignoring that this case probably shouldn't be used as precedent because the underlying facts are made up (also showing how disingenuous the argument is), there's a difference between saying you can't choose to deny business to someone because of who they are (LBGTQ*) versus saying you can choose not to do business with someone over their opinion (Nazi).
You don't seem to understand. Free speech is fundamental. If you make it so hate groups can't express themselves you open up precedent to making it so LGBT people can't express themselves.
If you force people to platforming LGBT speech against their beliefs, it opens the legal argument that you need to give a platform to hate groups as well.
This is about precedent, not morals. That's how free speech is codified in America. It is not like Europe where you can pick and choose what's legal.
Free speech absolutist I see.
I mean, I honestly have never met a “free speech absolutist” that was any different than musk. “Free speech absolutist unless I don’t like you posting it and then I’ll flip sides because my original position was a convenient lie”
HOWEVER, it’s fairly well supported that a tolerant society MUST NOT tolerate intolerance. So we MUST not tolerate any view that a particular group of people shouldn’t exist (with the obvious exceptions of other intolerance)
The paradox of tolerance is on Wikipedia if you’d like a read.
Free speech is not absolute, there are exceptions. And the government can't really stop hate speech until it crosses a certain threshold. Also, the fictional gay couple in the case in question was literally denied a platform and your argument has no internal logic, so I'm really not sure what you're trying to say. Saying you can't discriminate against gay people is not the same as saying you should be forced to build websites for Nazis. To argue otherwise is disingenuous.
It really is a great example!!!
But you sidestepped the question.
It is currently illegal to refuse service based on race. I can’t have a sign in my shop that says “no blacks”
Do you believe the I should be allowed to refuse service based on racism?
Because that’s where the reasonableness argument comes in. I can refuse service to you for any reason I want EXCEPT specific protected reasons (handicap, race, etc)
You seem to be making the argument that I should be allowed to post a sign saying “no blacks” and such signs once existed…
Thoughts?
If someone black asked you to make a black supremacy website, you can turn them away because you don't agree with their views, not because of their race. That's not discrimination, that's expressing your free speech rights via choosing who and what you associate with.
If I don't agree with making an LGBT themed cake or website, it is legal so long as I'm willing to make any other cake/website for them. (I'm LGBT myself, mind you, but that's beside the point).
Now if you make it so a Christian must make an LGBT themed creation for an LGBT person, then you are setting precedence that a Christian can go to an LGBT run business and force them to create something offensive to LGBT people.
Remember, free speech protects all speech, not just morally correct speech. Even literal nazis have a right to free expression. What people do not have a right to is a platform. You can't force groups or people to give platform to views they do not agree with, that's a violation of their first amendment rights.
Do you plan on answering the actual questions they've been asking you at some point or are you going to keep answering stuff they didn't ask?
Nobody asked if you’re lgbtq because it doesn’t matter. You keep professing it like it buys you credibility, but nobody is buying that you are a part of that group. It’s classic “as a black man, I think racism is okay” type of garbage. You reveal your true colours too easily.
But you’re again twisting the argument. “Black supremacy” would again be about hatred and “intolerance” much like “white supremacy” We cannot tolerate intolerance.
Free speech has limits, and you’re making a bad faith argument that it shouldn’t. We both know that you shouldn’t be allowed to yell “bomb” in an airport, just as you aren’t allowed to “lie under oath” nor allowed to say “I won’t serve you dinner because you’re handicapped” or “I won’t make you a cake because you are black”
So I’m done with the debate, you’ve moved to bad faith arguments because you just care about winning. You win. Have a nice day.