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Gay Marriage Vs. the First Amendment
Daily Beast ^ | 08/26/2014 | James Poulos

Posted on 08/26/2014 12:17:40 PM PDT by SeekAndFind

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1 posted on 08/26/2014 12:17:40 PM PDT by SeekAndFind
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To: SeekAndFind
So this sign is unconstitutional?


2 posted on 08/26/2014 12:22:49 PM PDT by Slyfox (Satan's goal is to rub out the image of God he sees in the face of every human.)
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To: SeekAndFind

If the heterosexual trio of Dave, Doug, and Dan go to the farmers who provide a place for wedding ceremonies, and demand that the farmers bake the trio a cake decorated with a swastika, will a court rule that heterosexuals Dave, Doug, and Dan have had their rights violated?

Is the issue homosexuality?
Is the issue polygamy?
Is the issue product sales?
Is the issue marriage?
Is the issue that a seller is compelled to provide whatever product the customer desires? Is the company that sells oil changes obliged to sell gay pride wedding cakes to homosexual couples? To heterosexual couples? Trios? Mixes?


3 posted on 08/26/2014 12:26:26 PM PDT by mbarker12474
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To: Slyfox

Not only that but you have probably broken several
regulations just by displaying a copy of it...


4 posted on 08/26/2014 12:28:16 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Slyfox

Not here-neither are the ones that say “no shoes, no shirt, no service”. And you can bet your ass that business owners will tell you to leave if you are causing a problem for them and other paying customers-which is how it should be...


5 posted on 08/26/2014 12:29:29 PM PDT by Texan5 ("You've got to saddle up your boys, you've got to draw a hard line"...)
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To: mbarker12474

If it is left up to the business owner to do as he damn well pleases, and not the government it is a moot point-see, all fixed...


6 posted on 08/26/2014 12:31:46 PM PDT by Texan5 ("You've got to saddle up your boys, you've got to draw a hard line"...)
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To: Slyfox

RE: So this sign is unconstitutional?

Yes apparently, especially when the “anyone” is black or gay or some “protected” class.


7 posted on 08/26/2014 12:38:25 PM PDT by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: Slyfox

Not unconstitutional, but it doesn’t give you any legal protection if some judge decides you violated federal law.


8 posted on 08/26/2014 12:38:40 PM PDT by Boogieman
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To: Boogieman

RE: if some judge decides you violated federal law.

What if the federal law violates the constitution?


9 posted on 08/26/2014 12:40:15 PM PDT by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: mbarker12474

The issue is that, if your business is considered a “public accommodation”, you may be prohibited by law from discriminating based on “protected classes”. Sexual orientation is not one of those classes under federal law, but it is under many state laws.


10 posted on 08/26/2014 12:46:15 PM PDT by Boogieman
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To: SeekAndFind

Then good luck getting a judge to rule on that and have it stick.


11 posted on 08/26/2014 12:47:20 PM PDT by Boogieman
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To: Boogieman

Would a private buyers club be a “public accommodation”?


12 posted on 08/26/2014 12:48:19 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: SeekAndFind; All

Thank you for referencing that article SeekAndFind. Please bear in mind that the following critique is directed at the article and not at you.

So-called gay “rights” aren’t the main problem in this issue. The real problem is as follows imo.

As a consequence of parents not making sure that their children are being taught why the Founding States enumerated certain rights into the Constitution, citizens are unable to argue the following simple points when their constitutional rights are violated.

Regarding gay agenda “rights” for example, not only have the states never amended the Constitution to expressly protect such “rights,” but Section 1 of the 14th Amendment prohibits the states from making policies which unreasonably abridge constitutionally enumerated rights.

But as a consequence of citizens not knowing the Constitution’s relatively simple rules, they are unnecessarily helpless to stop misguided gay activists, in cahoots with activist judges, from using constitutionally unprotected, vote-winning gay rights to trump constitutionally enumerated rights.


13 posted on 08/26/2014 12:51:33 PM PDT by Amendment10
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To: Slyfox

The sign is a fond memory, an obsolete relic of common sense from the past. Communists and progressives have used the destruction of the right to free association to further insinuate government into corners of our lives.


14 posted on 08/26/2014 1:00:17 PM PDT by Bill W was a conservative (Profile, detain, interrogate, deport.)
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To: GeronL
Would a private buyers club be a “public accommodation”?

Can a member of the public join it?

15 posted on 08/26/2014 1:01:02 PM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: SeekAndFind

If marriage had no limits it wouldn’t mean anything. Fairness to every individual can never be the only question society asks in establishing social policy otherwise we would have dwarfs in the NBA and blind airline pilots. Anytime you have limits and standards you have people who are left out. Beyond this, although it is correct that all ‘people’ should be treated equally, it is incorrect to assert all ‘behaviors’ must be treated equally. Violence, theft, or drug use (including the legal consumption of alcohol or tobacco) could also be ‘behaviors’ a business does not tolerate. Should a business be required to have an event for swingers or nudists? Should a muslim business be forced to host a bacon eating contest?


16 posted on 08/26/2014 1:07:16 PM PDT by Heartlander (Prediction: Increasingly, logic will be seen as a covert form of theism. - Denyse OÂ’Leary)
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To: SeekAndFind

“Is this a win for gay rights, or an encroachment on religious liberty?”

The first presupposes the second - every time.

“gay rights” = Homofascism


17 posted on 08/26/2014 1:13:45 PM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: JimRed

private clubs can’t have members then?

lol


18 posted on 08/26/2014 1:16:17 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: SeekAndFind

What about the taking of private property without just compensation?


19 posted on 08/26/2014 1:31:24 PM PDT by Arm_Bears (Rope. Tree. Politician. Some assembly required.)
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To: GeronL

No, private clubs are not public accommodations, so you can get around a lot of laws that way. For example, public smoking bans don’t usually apply to private social clubs.

However, you would need to be careful using that loophole, because if they caught you advertising, the jig would be up.


20 posted on 08/26/2014 1:44:39 PM PDT by Boogieman
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