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Thread: It ain't about cakes no more...

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    The Gaze of the Abyss B. de Corbin's Avatar
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    It ain't about cakes no more...

    Alright...

    I have some reservations about forcing people engaged in artistic endeavors to do work related to situations they disagree with - the example that comes to mind is baking a cake for a gay wedding.

    And, if people are going to be honest, I bet they can understand where I'm coming from. After all, I didn't see anybody weeping and crying about all the performers who refused to perform a tRumps inauguration. They didn't want to be associated with tRump. I get that.

    I also see that there is a problem with allowing people to opt out of equal treatment for all based on deeply held beliefs.

    Case in point - Racist Bullying? Religious School In Texas Argues Courts Can’t Intervene:
    A religious school is being sued after it punished alleged racist harassers with one-day suspensions.


    From the article:

    Now, in a move that’s raised eyebrows among lawyers and legal experts, the school is trying to get the lawsuit dismissed by invoking the ecclesiastical abstention doctrine.

    This legal principle, also called the church autonomy doctrine, holds that religious institutions do not need to follow the same laws as non-religious entities, like public schools, if it conflicts with their religious doctrine.
    I see a problem that has at least two sides, BOTH of which can be abused.

    Is there a reasonable compromise? I dunno.
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    PF Ordo Hereticus MaskedOne's Avatar
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    Re: It ain't about cakes no more...

    So this is a basic rule of thumb regarding how courts look at religion arguments. Let's examine the school's case with it.

    1) Is there a valid secular purpose in the law?
    Personally, I find ensuring that children are protected while at school to be a valid purpose.

    2) Does imposing basic standards of care for children on all schools equally have a primary effect of advancing or inhibiting religion?
    No. It has a primary effect of protecting children.

    3) Does compelling certain standards of care for children foster an excessive entanglement with religion?
    Nope. The religious body doesn't have to get in the education business and managing how they operate as a school does not require the government to interfere with them outside the conditions where they are operating as an educational institution.

    Of course, there's another option if they want to go this route. The country could stop certifying private schools period and enhance funding for public education...
    "It is not simply enough to know the light…a Jedi must feel the tension between the two sides of the Force…in himself and in the universe."
    ―Thon

    "When to the Force you truly give yourself, all you do expresses the truth of who you are,"

    Yoda

    Yoda told stories, and ate, and cried, and laughed: and the Padawans saw that life itself was a lightsaber in his hands; even in the face of treachery and death and hopes gone cold, he burned like a candle in the darkness. Like a star shining in the black eternity of space.

    Yoda: Dark Rendezvous

    "But those men who know anything at all about the Light also know that there is a fierceness to its power, like the bare sword of the law, or the white burning of the sun." Suddenly his voice sounded to Will very strong, and very Welsh. "At the very heart, that is. Other things, like humanity, and mercy, and charity, that most good men hold more precious than all else, they do not come first for the Light. Oh, sometimes they are there; often, indeed. But in the very long run the concern of you people is with the absolute good, ahead of all else..."

    John Rowlands, The Grey King by Susan Cooper

    "You come from the Lord Adam and the Lady Eve", said Aslan. "And that is both honour enough to erect the head of the poorest beggar, and shame enough to bow the shoulders of the greatest emperor on earth; be content."

    Aslan, Prince Caspian by CS Lewis



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    Re: It ain't about cakes no more...


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