A) that’s a sign, not a burger B) eBay is not a museum. C) mass production isn’t art
Oh? Does he buy the cake and just put frosting on it? If he does I’ll agree it is not art.
I’m sorry. I don’t have the library of the world’s museums at my fingertips.
But don’t disparage food as art. When I eat at a fancy restaurant I’m paying extra for my plate to look amazing. By your logic, any restaurant should be able to discriminate against anyone they want.
Making a cake isn’t art, unless you concede that all food preparation is also art.
Not against someone, against something, and yes a chef at a restaurant who takes special orders should be free to reject a request he doesn’t want to make.
And I have seen them do it, its not at all uncommon for a chef to refuse a request for a well done steak for instance.
I would really rather not contemplate a what a transgender cake might taste like.
Well thanks to then plaintiff it now has to be coded into law through a long process of legal precedent.
I do however encourage our liberal friends here to do everything they can to piss off or offend the people making their food. If they get refused service when they do, they should count themselves lucky. You don’t even want to know what I have seen chefs do to peoples food who do something as innocuous as sending it back claiming it wasn’t cooked properly.
So you can just make up any old ■■■■■
What did I make up exactly?
Whether or not it would fly in the court is not my point.
If the proprietor would sell his wares to the mixed race couple for any other reason, but would not want to participate in their mixed-race wedding, then absolutely, he’s discriminating against the ACTION (or event) and not the people themselves.
The fact that you don’t have to prove anything means you can claim any belief you have as a religious belief.
Desperate.
No, it means no such thing, the court will seek to ascertain if you sincerely hold that belief. Several things can show that you don’t. But whether or not anyone holds that belief is not one of them because that would get the government into the business of endorsing specific religions and denying others. By the way, did you read the article and what Ginsbergs minority position on the subject is? She doesn’t think the court should even try and ascertain if you sincerely hold that belief and should operate from the premise that your claim is true.
From Questioning Sincerity | Stanford Law Review
In her powerful dissent, Justice Ginsburg proclaimed an “overriding interest” in “keeping the courts ‘out of the business of evaluating’ . . . the sincerity with which an asserted religious belief is held.” 5Open this footnote Under that view, a court “must accept as true” any assertion that one’s “beliefs are sincere and of a religious nature” when evaluating a RFRA claim
And in the case of the commission, they did exactly the opposite, which is why they were smacked down. Instead of learning from their mistake, they’re doubling down on it.
So like I said you can make up anything.
I never said you could fabricate that you held a sincere religious belief but is entirely possible to sincerely hold a religious belief that is entirely the product of your own mind. What matters is if you sincerely hold what you consider to be a religious belief, not where that belief comes from, not if it is rational, or held by a recognized or organized religion. I can sincerely believe the Flying Spaghetti Monster prohibits me from eating broccoli and if a sincerely believe that, it counts. The burden is on the court to show I do not, by finding I have an ulterior motive for doing so or by showing I have not acted consistently on that belief. If they can find evidence I eat broccoli that would be dispositive that Imsincerely held such a belief for example.
Yeah.
Its really not… ovosy is limiting his speech…what they are saying is you have to treat everyone the same…sadly conservatives found a “loophole” and are making everything behind freedom of speech in order to justify their crap.
Is an artists creation speech? Yes, or no?
Can the government tell a painter what to paint, a writer what to write or a dancer how to dance?
