this post was submitted on 09 Nov 2023
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His win is a direct result of the Supreme Court's decision in a pivotal LGBTQ+ rights case.

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[–] [email protected] 2 points 10 months ago (3 children)

They absolutely have the right to post such things(first amendment). They just have to be willing to accept any consequences as a result.

[–] [email protected] 21 points 10 months ago* (last edited 10 months ago) (1 children)

So in your example Black people have no right to a service if the location does not wish to serve them? If the next closest location is a days drive away so be it? Maybe they just need to go live closer to those services?

[–] [email protected] 6 points 10 months ago (1 children)

An atheist living in Saudi Arabia absolutely has the right to walk into the public square and shout that god does not exist. They just have to be willing to accept the consequences of execution as a result.

Stating a fact of physical ability does not contribute any additional information in a discussion about legality.

[–] [email protected] 3 points 10 months ago (1 children)

I stated the amendment pertaining to my comment.

[–] [email protected] 2 points 10 months ago (1 children)

You absolutely do not have the right to post a sign like "No Hispanics" at your restaurant, under current US law (Civil Rights Act of 1964). You do not have to wait for an actual hispanic person to show up and be refused service to be liable - the presence of the sign alone is already in violation and can get you fined or imprisoned. You cannot claim "This sign is just for decoration as an expression of my 1st Amendment rights, we would never actually enforce it." In this way, the Civil Rights Act already does abridge your right to write any sign you want, ironically in direct contradiction to the "Congress shall make no law" language of the 1st Amendment.

[–] [email protected] 2 points 10 months ago (1 children)

Civil Rights Act of 1964

The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin.

And yet, it seems legal to not serve someone based on religious beliefs as well as sex, based on the numerous times it has happened. Why is that ok but not the other? I mean, i know it's not really ok, but it's still allowed to happen.

[–] [email protected] 1 points 10 months ago

That's the Supreme Court for ya! Their judgements do tend to meander and sometimes flip over the years, especially recently. You are probably refering to Masterpiece Cakeshop (2017) decision being different from the civil rights era cases, like say Newman v. Piggie Park Enterprises, Inc. (1968) where the defendant who did not want to serve black customers at his BBQ restaurants unsuccessfully argued that "the Civil Rights Act violated his freedom of religion as his religious beliefs compel him to oppose any integration of the races whatever." It is still enlightening to read the actual court decisions and the justifications used to arrive at one conclusion or another, and especially their explanations for how the current case is different from all the other cases decided before. After a while though it does start to look as if you could argue for any point of view whatsoever if you argued hard enough.

[–] [email protected] 2 points 10 months ago

So they can post the sign as long as it’s just decoration? The fuck are you talking about?

Explain to me how the first amendment pertains at all to refusing service to people based on race or sexual orientation.