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Why may the government ban businesses from saying “we won’t bake cakes for same-sex weddings”?
Washington Post ^ | 07/07/2015 | By Eugene Volokh

Posted on 07/07/2015 7:24:41 AM PDT by SeekAndFind

The Oregon baker decision — which required a bakery to pay $135,000 to a same-sex couple for refusing to prepare a cake for their same-sex commitment ceremony — also ordered the bakers to:

“…cease and desist from publishing, circulating, issuing or displaying, or causing to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of a place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of sexual orientation.”

Statutes prohibiting similar communications (including as to race, religion, and sex, and as to employment and housing as well as public accommodations) are common, and generally thought to be constitutional. But why? Here’s what I think is the right answer, though I agree that courts haven’t been clear on it.

Assume that it is indeed against the law to refuse to serve someone based on race, religion, sexual orientation, and so on — and, in particular, to refuse to provide a cake for a same-sex commitment ceremony. Then, saying we “will … refuse[]” to provide a cake is essentially a true threat of illegal conduct.

To be sure, it is not a threat of violence, or even a threat to commit a crime, but it is a threat to act illegally (by violating the anti-discrimination statute). And it is a threat that would have much the same effect as an outright refusal to provide a cake to someone who shows up and asks for it, because it tells people that it’s futile to even ask.

Indeed, I think we’d see the same in lots of other situations where speech is properly treated as civilly actionable.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: gaymarriage; government; homosexualagenda; samesexmarriage
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To: concerned about politics; SeekAndFind; taxcontrol

IF I walk into a restaurant with NO SHIRT, NO SHOES (because I belong to the I like to be mostly naked religion), will they be forced to serve me ?


21 posted on 07/07/2015 8:08:42 AM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: SeekAndFind

renting an apartment is asking to hold/stay-in property. the landlord does not perform a physical act.

baking a cake is an act on the part of the baker. you’re asking the baker to perform his craft.

to say the baker cannot choose if, when, or where they perform their skills is the same as slavery.


22 posted on 07/07/2015 8:09:46 AM PDT by sten (fighting tyranny never goes out of style)
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To: central_va
These people are not looking for someone to bake them a cake. They are looking for someone to refuse to bake them a cake.
23 posted on 07/07/2015 8:11:21 AM PDT by sima_yi ( Reporting live from the far North)
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To: UCANSEE2
So..... if I go into a BAR and get drunk, and I ask for another drink and the bartender refuses to serve me, can I SUE ?

Personally I don't think you should be able to. No one is pushing the drinks down your throat.
If the bartender thinks you're too drunk and out of compassion, or because you're pi$$ing him off, CHOOSES not to serve you, he should be able to do that, too. It's his property!

24 posted on 07/07/2015 8:11:23 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: babble-on
when everything you've worked for can be taken from you by the govt... yes, that's a bigger issue then iran getting nukes as the nuke may not even be launched, but our property was indeed looted and our beliefs violated

would you serve to defend such a country?

i would not. not anymore.

and i'm pretty sure this is not what the founders envisioned or fought for.


25 posted on 07/07/2015 8:14:29 AM PDT by sten (fighting tyranny never goes out of style)
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To: UCANSEE2

The whole thing is ridiculous. You cannot refuse to serve a gay person but same-sex marriage is not a gay person. These people oppose same-sex marriage, not the orientation of the people in it.


26 posted on 07/07/2015 8:15:57 AM PDT by AppyPappy
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To: SeekAndFind

There’s a simple solution. Put up a sign saying:

A portion of each sale goes to [Your Favorite Pro Family/Christian Organization]


27 posted on 07/07/2015 8:16:26 AM PDT by ArcadeQuarters ("Immigration Reform" is ballot stuffing)
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To: UCANSEE2
IF I walk into a restaurant with NO SHIRT, NO SHOES (because I belong to the I like to be mostly naked religion), will they be forced to serve me ?

Nope. It's their property. They get to write the rules.....at least that's how it SHOULD be. It's how it USED to be before the corrupt politicians started sticking their noses into everyone elses business. This was once a free country.

28 posted on 07/07/2015 8:16:58 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: SeekAndFind

If I owned the bakery I’d put a large sign stating my beliefs in plain English. Then I’d say that I’d be happy to take anyone’s money in return for my services.


29 posted on 07/07/2015 8:18:20 AM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: sima_yi
These people are not looking for someone to bake them a cake. They are looking for someone to refuse to bake them a cake.

Otherwise, they'd just find a queer baker who supports their cause. They could have it decorated with semen flavored icing and everything! They could have little turds placed decoratively around the edges! They could have their cake just the way they wanted it - and they could eat it, too!


30 posted on 07/07/2015 8:21:54 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: BinaryBoy
There’s a simple solution. Put up a sign saying: A portion of each sale goes to [Your Favorite Pro Family/Christian Organization]

That's an excellent idea. No laws against charity.

31 posted on 07/07/2015 8:23:51 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: concerned about politics

Exactly!


32 posted on 07/07/2015 8:26:06 AM PDT by sima_yi ( Reporting live from the far North)
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To: SeekAndFind
If the government says businesses have an obligation to sell, that implies someone has an obligation to buy.

Who would that mandatory buyer be?

Why is it only gays and other perverts have a right to freedom of association, but Christians do not?

33 posted on 07/07/2015 8:29:04 AM PDT by Auntie Dem (Hey! Hey! Ho! Ho! Terrorist lovers gotta go!)
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To: thefactor

Understand first that this is about punishing people for being Christian.

They’ve simply found a point of resistance and made it illegal to resist.

If you don’t resist (based on Christian beliefs) on this issue, they’ll find one on which you will and punish you for it.


34 posted on 07/07/2015 8:29:29 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: concerned about politics
Again, all that you listed are clear violations of the 1st Amendment freedom of assembly clause.
35 posted on 07/07/2015 8:33:54 AM PDT by taxcontrol
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To: taxcontrol
Again, all that you listed are clear violations of the 1st Amendment freedom of assembly clause.

You mean in post 12 where the government decides, or the others where the people decide?
If you're referring to post 12, yeah. I wholeheartedly agree.

36 posted on 07/07/2015 8:40:30 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: sten

You’re engaging in the fallacy of abstracting a principle from an event, and then proclaiming the sanctity of the principle. But when the significance of the actual event in question is so minuscule as to be an absurdity, then the abstracted principle also dims in significance.

First they came for the no-gay weddings baker, but I said nothing because I was not a no-gay weddings baker!


37 posted on 07/07/2015 8:51:07 AM PDT by babble-on
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To: SeekAndFind

There goes free speech, and freedom.


38 posted on 07/07/2015 8:53:56 AM PDT by DaxtonBrown (http://www.futurnamics.com/reid.php)
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To: SeekAndFind

Wei May?

Go back to school...


39 posted on 07/07/2015 8:55:46 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Salvation

Oregon ping......again....it’s rising to the top of the media pile now....


40 posted on 07/07/2015 9:18:50 AM PDT by goodnesswins (hey..Wussie Americans....ISIS is coming. Are you ready?)
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