CDZ Freedom of religion and speech vs discrimination of gays

[task0778]

Consider this from Justice Kennedy's majority opinion:

"Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth. For that reason the laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. The exercise of their freedom on terms equal to others must be given great weight and respect by the courts. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression."

Notice what he says: "At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression." Of course, that's his opinion, which I believe is not shared by all the other justices on the Court. Nor apparently by every poster on this thread, which BTW is totally cool. I don't know how to codify or delineate how and when the exercise of someone's civil rights when it comes to discrimination should override someone else's religious and philosophical objections to gay marriage. Maybe they'll throw it back to the states and allow each one to decide the issue based on the circumstances of each case. As long as each party's rights and views are treated in an unbiased and unprejudiced manner, the SCOTUS might decide to stay out of the fray.

 

[sparky]

The KKK is not a religion, don't be ridiculous.

well those Aholes are ridiculous to begin with Task

My point is they could stand on 'religious recognition' as well as any other whack job extreemist now....

And I do not believe any bakery should be forced make a cake that has a lynched black man on it. To me this goes to what is protected speech and what isn't. IOW, there should be certain limits on "full and equal access" to all goods and services. Public Accommodation laws should have their boundaries just like most every other law. But that's just my opinion, others may feel differently

.[/QUOTE]

Agreed, but those limits, and who enforces them are the crux of this issue

~S~

 

[task0778]

The KKK is not a religion, don't be ridiculous.

well those Aholes are ridiculous to begin with Task

My point is they could stand on 'religious recognition' as well as any other whack job extreemist now....

And I do not believe any bakery should be forced make a cake that has a lynched black man on it. To me this goes to what is protected speech and what isn't. IOW, there should be certain limits on "full and equal access" to all goods and services. Public Accommodation laws should have their boundaries just like most every other law. But that's just my opinion, others may feel differently

.

Agreed, but those limits, and who enforces them are the crux of this issue

~S~[/QUOTE]

I think the KKK would be hard-pressed to get any court to accept the premise that they are deserving of religious recognition. As for any other whack job extremist, off hand I would say their chances wouldn't be too good either. However, as distasteful as it sounds, such people are entitled to an impartial hearing.