And prohibiting private persons from using the power and authority of government to disadvantage an unpopular minority through force of law is not to ‘prohibit’ those persons from practicing their beliefs.
Again
C_Clayton_Jones this is what the Christians are arguing the LGBT are doing and abusing govt for:
when laws are enforced FORCING Bakers or Photographers to attend gay weddings
and to FINE and PENALIZE them by law for discrimination for seeking to defend and practice their beliefs not to participate in gay weddings against their beliefs,
that is
private persons ... using the power and authority of government to disadvantage an unpopular minority through force of law is not to ‘prohibit’ those persons from practicing their beliefs.
You still don’t understand.
And once again you’re confusing two different legal principles, one having nothing to do with the other.
The Commerce Clause authorizes government to enact necessary, proper, and Constitutional regulatory measures with regard to the markets, to ensure the integrity of the markets, and all other interrelated markets (
Wickard v. Filburn).
Public accommodations laws are an example of necessary, proper, and Constitutional regulatory policy authorized by the Commerce Clause (
Heart of Atlanta Motel v. US).
State and local public accommodations laws with provisions for sexual orientation in no way ‘violate’ the rights or religious liberties of Christians or any other faith; and Free Exercise Clause jurisprudence has never sanctioned citizens ignoring or violating just and proper laws using religious expression as an ‘excuse’ or ‘justification’ – requiring citizens to follow just and proper laws, such as public accommodations laws, does not interfere with religious liberty (
Employment Division v. Smith).
Consequently, you’ve confused 14th Amendment jurisprudence with Commerce Clause jurisprudence – the former an example of government restriction in accordance with the Constitution, the latter an example of government regulation authorized by the Constitution.
Dear
C_Clayton_Jones
YES THEY DO because 'sexual orientation' is FAITH BASED
Not EVERYONE believes in recognizing that, they don't agree
if it's natural unnatural, or both in distinct cases, a choice of behavior or not, etc.
So the beliefs about that remain FAITH BASED and can't be legislated
by govt where it violates the beliefs of others.
Trying to protect this as a special category is like trying to protect
someone's preference of prayer or denomination that is FAITH BASED.
The right wing who BELIEVE that this is BEHAVIOR and CHOICE
ARE BEING IMPOSED UPON.
So if people AGREE to protect BELIEFS about orientation as a CREED,
that is equal to protecting beliefs about prayer and Christian expression as a CREED or BELIEF.
How you EXPRESS your orientation and how people react to your expression
is the same as how people EXPRESS their beliefs about prayer or denomination
and how people react to that expression.
I'd be okay if Christians and others AGREE that if you are going
to create special laws to defend "orientation" and expression of that,
then the same laws OUGHT to defend denomination and expression of other beliefs as well.
If everyone AGREES how to write and enforce such faith-based laws, GREAT!
I have no problem if everyone AGREES that the laws are so well written
that NOBODY feels imposed upon. however you want to achieve that, but
it must be by agreement and not coercion by govt where beliefs are involved.
If people consent, that means the issues were resolved, so that's a fair standard
to protect both sides from opposing beliefs.
So that's my belief,
C_Clayton_Jones
I believe in respecting the BELIEFS of both sides since neither is proven to each other.
It has been proven to me this is a SPIRITUAL process of someone's identity and path in life
to go through either heterosexual, homosexual, LGBT or other such relationships or attractions,
BUT I DON'T IMPOSE MY SPIRITUAL BELIEFS ABOUT IT ON OTHERS.
I give equal free choice for you to believe one thing, and others to believe otherwise.
So I do NOT believe Govt has any authority to try to write or pass laws
concerning SPIRITUAL BELIEFS and differences over how to address or view homosexuality
and transgender orientation.
I believe in treating BOTH sides as spiritual BELIEFS, and/or religious and political beliefs,
and not to impose anybody's beliefs about this on any other.
So the only way i will support govt making laws on SPIRITUAL faith-based matters like this,
is to have an agreement on how such policies are WRITTEN interpreted and ENFORCED.
If people AGREE, that's fine, states can pass laws and these won't impose on people's BELIEFS.
If you don't believe this counts as BELIEFS, that IS part of your belief and I recognize that.
If you cannot resolve YOUR belief with that of someone else who BELIEVES it is choice of behavior, then either SEPARATE policies or go through conflict resolution to write a policy by consensus you both can live under.
But not a CONTESTED policy that people already object to on grounds of their BELIEFS being excluded.
If that is what they believe, I respect their right to defend those beliefs,
equally as I respect yours. You both have to resolve conflicts or else keep it out of govt.
So either agree on consensus policy or agree to separate policies,
but I do NOT believe in one side imposing on the other. Not by govt!
You can discriminate all you want in private, but this does NOT
belong in public policy unless there is an AGREEMENT among people of different BELIEFS.
You will NOT change my mind about these beliefs,
I will NOT change yours, thus govt has no authority to do so either!!!!