Dear
Brian Blackwell and
Pogo
I hope you both continue to post here and anywhere else as well.
You are both very articulate and informative explaining your views, thank you!
Brian the problem I have found with liberal minded people
is they can't tell the difference between the govt/law
forbidding someone or a business from abusing someone illegally
and "discriminating" as in choosing not to "engage in a behavior of choice."
Withthe LGBT cake service lawsuits,
I tried to make a distinction between
* not serving customers because of their affiliation
vs
* not PROVIDING certain services they choose not to because of their beliefs
The choice of services are different from the people being served.
The LGBT arguments were blending this together.
Thank you kindly, Emily! You, too, are an asset to this site and to the world culture in general.
Excellent point! I posted in forums concerning that case, but did not make that distinction myself. This is a fundamental understanding for those who wish to argue that it's wrong to deny service based on bias. It would not have been relevant to my particular argument, however, since I support the right of the individual to "not provide a service" and to not "serve a customer" as they see fit.
I do not see how one can presume to dictate to a business owner how they must operate their business, as long as they are not violating the natural law rights of any individual. People to not have a natural law right to cakes that they did make themselves or otherwise acquire by valid means. If I make the cake, I get to decide what's done with it. Same with the services I provide.
Obviously, it's silly to deny cakes to people based on personal choices they make which are unrelated to the transaction, but if the baker chooses to adopt a twisted view of mythology and deny cakes on that basis, so be it. We also have a right to make his actions publicly known, and encourage "enlightened people" (a relative and dubious term) to boycott his shop. Honestly, I wouldn't want someone making me a cake if their heart wasn't in it, and it's a matter of self-respect to patronize establishments that appreciate you as a customer, so I think the baker did them a service by revealing the bias, if not by making the cake
Well stated, again,
Brian Blackwell
I'll just have to petition NASA to clone you when they
perfect that process. We need more like you, and even
a slightly flawed copy of you is better than naught!
I agree that people should be able to have this freedom of choice.
If we break it down into small enough communities, people
are more willing to let businesses they know to do things their way
and not make an issue.
The problem is when communities get too big, not everyone knows each other, and then these collective rules get applied top down not from the grassroots up.
Where I think we can reach a midway agreement,
is to not ban "people" from getting served on site,
but leave choice of services to people's discretion
that involve intellectual engagement and personal activity
or action. It's one thing to serve a customer one of the cakes
already in stock that isn't reserved for someone else. It's another
thing to decorate or serve one for a particular event or ritual
that is against someone's beliefs. If we can distinguish that legally,
it's just what we agree to respect, similar to "arbitrary" laws that recognize and bar abortion at the third trimester as the threshold.
IF we can agree.
If we can't, then I argue we should separate jurisdiction and policy.
On a govt level, we should separate benefits and social programs and terms of payment and collection by party, so each party organizes its own collective terms for its members democratically.
With the business issue, why not have all businesses offer "mediation waivers" similar to arbitration agreements that users sign online before using a service. Then both parties agree that if any dispute arises, the parties agree to settle it amicably by mediation conflict resolution and consensus, to avoid legal action and expenses. And if a dispute cannot be resolved, then the parties agree to refrain from doing business together and refund any unused money paid and return any items so it's fair and agreeable to both parties. If they don't even trust each other to follow that, they don't do business in the first place!
Then it doesn't matter which side had which belief, for or against, this slogan or that activity. A dispute is a dispute and either both sides can agree to settle it, or if one is litigious the other should have protection against someone who refuses to mediate instead.
This would have to be written up properly where people don't lose legal rights, the same with poorly written arbitration agreements. I believe that with mediation the complainant should pick the mediator or they both should, and with arbitration it's usually the business that selects this. So I prefer mediation that protects both sides interests and depends on a solution they both consent to.
Brian Blackwell
if people COULD agree to mediation and consent as the standard, then it would be okay to do as you suggest and let anyone have their reasons and freedom to choose. But this gets abused if people don't agree to respect each other's consent, and people start abusing lawsuits to haggle over the letter of the law. I hate that.
We should get tax breaks for preventing lawsuits, crime and abuse by mediating and resolving conflicts directly to save resources.
Then people who want to live under policies of coercing people can go bully each other, and leave the rest of us alone who don't need or want that!
Sick of paying for all that garbage that has mucked up the system, backlogged the courts and govt, and made it near impossible to focus on and solve real problems in sustainable ways. All our resources are taxed by problems perpetuated in a vicious cycle!