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Irony defined

We went all through this when the Indiana RFRA was in the news

Despite the scare mongering of the left, the Indiana RFRA did not materially change things. It spoke to standing to make a claim, which is different from the federal law, but the practical legal effect of that was nil in terms of anti-gay sentiment. Fact finders still need to find facts. That said, I readily acknowledge that some fundamental Christians conspicuously supported the Indiana RRFA. Most of the hand wringing came from this factor. Of course who supports a law as nothing to do with what the law does.
Na


There's the legal perspective which I defer to you on, and there's optics. The "idea" that a person can refuse service to somebody based upon the second person being part of the LGBTQ community, seems to be anti-that community. Especially to its members.

So perhaps the law was not anti-LGBTQ in terms of legal impact, in terms of perceived and practical impact, it appears to be the case.

And perception matters.
The bill was passed as a way to "cancel out" municipal civil rights ordinances that specifically protected sexual orientation. The idea was that Bloomington would be unable to prove that it had a compelling interest to make Baker A provide a cake for Gay Wedding B, and thus Baker A would receive relief from the ordinance. That was not only the perception, but the intended legal effect of the bill.
 
The bill was passed as a way to "cancel out" municipal civil rights ordinances that specifically protected sexual orientation. The idea was that Bloomington would be unable to prove that it had a compelling interest to make Baker A provide a cake for Gay Wedding B, and thus Baker A would receive relief from the ordinance. That was not only the perception, but the intended legal effect of the bill.

So?

Issues about state wide interest are hardly unique to same sex marriage. If a Bedford resident wanted a Bloomington cake, it makes sense that a single law apply.
 
The "idea" that a person can refuse service to somebody based upon the second person being part of the LGBTQ community, seems to be anti-that community. Especially to its members.

That view of the law is wrong on two counts

First, the law doesn't permit a denial of all service, just personal service.

Second, you definitely can't deny personal service because somebody is "part of the LGBTQ community". You'll be laughed out of court if that is your evidence.
 
So?

Issues about state wide interest are hardly unique to same sex marriage. If a Bedford resident wanted a Bloomington cake, it makes sense that a single law apply.
Why? If Bloomington wants a strong non-discrimination law, but Bedford doesn't, that's Bedford's problem. Bedford shouldn't expect a state law to come in and remove the teeth from Bloomington's ordinance.
 
That view of the law is wrong on two counts

First, the law doesn't permit a denial of all service, just personal service.

Second, you definitely can't deny personal service because somebody is "part of the LGBTQ community". You'll be laughed out of court if that is your evidence.

Well, plus, the objection is to the rite -- not the person. I'd say that's a material difference.

They're not declining to bake them a birthday cake.
 
Well, plus, the objection is to the rite -- not the person. I'd say that's a material difference.

They're not declining to bake them a birthday cake.
That's not a material difference. It's meaningless. You can't get away with refusing to cook a wedding cake for a black couple by saying, "I have nothing against black folks, I just don't agree with black weddings."
 
Why? If Bloomington wants a strong non-discrimination law, but Bedford doesn't, that's Bedford's problem. Bedford shouldn't expect a state law to come in and remove the teeth from Bloomington's ordinance.

Well, you nailed

The argument. All you need to do is apply it. Typically liberal politicians prefer state-wide legilsation over local option.
 
That's not a material difference. It's meaningless. You can't get away with refusing to cook a wedding cake for a black couple by saying, "I have nothing against black folks, I just don't agree with black weddings."

Huh?

This post has nuthin to do with nuthin. RFRA legislation does not permit discrimination because someone "doesn't agree" with black weddings, or gay weddings for that matter.
 
Well, you nailed

The argument. All you need to do is apply it. Typically liberal politicians prefer state-wide legilsation over local option.
Liberals do? Indiana RFRA overrode city ordinances, NC bathroom bill overrode local ordinances, and some southern state overrode local minimum wage bills. That is 3 I came up with in 5 seconds.

A quick look, 19 states have overridden local minimum wage.
https://www.buzzfeed.com/coralewis/...minimum-wage?utm_term=.py8QWnlj6N#.kbRekz6X73
 
Huh?

This post has nuthin to do with nuthin. RFRA legislation does not permit discrimination because someone "doesn't agree" with black weddings, or gay weddings for that matter.
RFRA was written to override the ability of municipalities to prevent such discrimination. If you deny that, you're just being dishonest. Hell, the entire push for the law was explicitly based on that concept. They didn't exactly hide their intentions.
 
The NC bathroom bill ALSO overrode minimum wage ordinances, because of course it did.
That was the state I could not remember.

And it goes beyond local government. VW wanted to unionize their Tennessee plant and the state fought them. Well, the state actually won the fight.
 
That was the state I could not remember.

And it goes beyond local government. VW wanted to unionize their Tennessee plant and the state fought them. Well, the state actually won the fight.

Also VW's union plan

was against federal law. We don't allow company unions.
 
RFRA was written to override the ability of municipalities to prevent such discrimination. If you deny that, you're just being dishonest. Hell, the entire push for the law was explicitly based on that concept. They didn't exactly hide their intentions.

I deny that

And I am being honest. But you are being ignorant. This legislation is not about discrimination. You calling it that is just another scare tactic.

"They didn't exactly hide their intentions". The intentions of supporters of the legislation, or even of the drafters of it, is irrelevant unless the law is ambiguous and is incapable of being interpreted and applied in a consistent fashion. Indiana RFRA was not such a law. We went all through this when it was in the news. You just hopped on the anti-religious bandwagon without understanding how any RFRA works and what a person needs to prove in order to fit within its terms.
 
Also VW's union plan

was against federal law. We don't allow company unions.
Tennessee opposition had nothing to do with federal law. Legislators wrote a bill to revoke Tennessee's tax beaks to VW. That has nothing to do with federal law but pure opposition to unions in the south.
 
I deny that

And I am being honest. But you are being ignorant. This legislation is not about discrimination. You calling it that is just another scare tactic.

"They didn't exactly hide their intentions". The intentions of supporters of the legislation, or even of the drafters of it, is irrelevant unless the law is ambiguous and is incapable of being interpreted and applied in a consistent fashion. Indiana RFRA was not such a law. We went all through this when it was in the news. You just hopped on the anti-religious bandwagon without understanding how any RFRA works and what a person needs to prove in order to fit within its terms.
Bullshit. I didn't hop on any bandwagon. I'm just smart enough to recognize what the actual legal effects of the law would be. And so are you, but you deny it, because you're dishonest.
 
Bullshit. I didn't hop on any bandwagon. I'm just smart enough to recognize what the actual legal effects of the law would be. And so are you, but you deny it, because you're dishonest.

Nope

Go back and read and understand the burden of proof that must be sustained by a person claiming the benefit of RFRA.
 
LOL. Stop trying to make a point without saying anything. Explain what you mean.

I mean for you to

Quit wasting our time with that nonsense about RFRA "allows discrimination". All that shows is you don't know how the law would work. All Indiana did differently was to permit the person claiming benefits to be a plaintiff. Everything else was essentially the same as any RFRA. The standards and burden of proof to refuse any personal service is not easily met.
 
I mean for you to

Quit wasting our time with that nonsense about RFRA "allows discrimination". All that shows is you don't know how the law would work. All Indiana did differently was to permit the person claiming benefits to be a plaintiff. Everything else was essentially the same as any RFRA. The standards and burden of proof to refuse any personal service is not easily met.
So, you can't explain, or you refuse?

Maybe you should stop wasting our time.
 
Tennessee opposition had nothing to do with federal law. Legislators wrote a bill to revoke Tennessee's tax beaks to VW. That has nothing to do with federal law but pure opposition to unions in the south.

I don't question that point

I just pointed out that VW's union was a company Union and violated federal law. IIRC the UAW was okay with that, at first.
 
So, you can't explain, or you refuse?

Maybe you should stop wasting our time.

We litigated this before.

I explained how the law worked. You and others, were and still are, willfully ignorant about it. I don't have the time or interest in fishing that original version of the law out of the Internet for you.
 
The bill was passed as a way to "cancel out" municipal civil rights ordinances that specifically protected sexual orientation. The idea was that Bloomington would be unable to prove that it had a compelling interest to make Baker A provide a cake for Gay Wedding B, and thus Baker A would receive relief from the ordinance. That was not only the perception, but the intended legal effect of the bill.
Would every person on this board who had 1st hand information - that means you were there, heard the testimony, participated or had a hand in producing the legislation - regarding the purpose of prohibiting local units of government from enacting local ordinances on civil rights, please raise their hand.

After the rants and raves are done please tell me and I'll tell you why the amendment was enacted. (Hint - Indiana also has a statute that prohibits local minimum wage ordinances, though it does not effect the wages the governmental units pay their own employees.). I'll wait, doubting whether any hands are raised.
 
We litigated this before.

I explained how the law worked. You and others, were and still are, willfully ignorant about it. I don't have the time or interest in fishing that original version of the law out of the Internet for you.
I've got it right in front of me. I'm just looking for you to explain what the hell you're talking about, because as I recall, the rest of us made you look like a raging fool, and you simply backed out of the conversation rather than admin you didn't know what you are talking about. So, please, cite some law for me.

I'll give you a head start. Section 10 basically contains the law's legal effect:

Sec. 10.
(a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that:
(1) the person's exercise of religion has been substantially burdened, or is likely to be substantially burdened; and
(2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person:
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest; the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity.​
(b) Relief against the governmental entity may include any of the following:
(1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter.
(2) Compensatory damages.​
(c) In the appropriate case,the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney's fees, to a person that prevails against the governmental entity under this chapter.​

The entire purpose of this law - as those trying to pass it were more than happy to admit - was to prevent municipalities from enforcing LGBT civil rights ordinances against businesses, on the theory that the government would not be able to meet this burden of proof in justifying the application of the ordinance.
 
So, you can't explain, or you refuse?

Maybe you should stop wasting our time.
Do you know that there is a federal RFRA statute? Been on the books for years. That there are RFRA laws in 31 states? Yet you can't even accurately describe what the RFRA law in your own home state does but you rave on as if you knew your fanny from first base. You've had this explained to you. You've also been advised that there is no appreciable economic loss as the extremists predicted.
 
Do you know that there is a federal RFRA statute? Been on the books for years. That there are RFRA laws in 31 states? Yet you can't even accurately describe what the RFRA law in your own home state does but you rave on as if you knew your fanny from first base. You've had this explained to you. You've also been advised that there is no appreciable economic loss as the extremists predicted.
Go away, troll. I know what RFRA is, I know which states have them. I also know why states have them. Do you? Do you know why states feel the need to copy a federal law? It's because federal RFRA is unconstitutional as applied to the states.

The adults are having a conversation. Please return to the kiddie table.
 
I've got it right in front of me. I'm just looking for you to explain what the hell you're talking about, because as I recall, the rest of us made you look like a raging fool, and you simply backed out of the conversation rather than admin you didn't know what you are talking about. So, please, cite some law for me.

I'll give you a head start. Section 10 basically contains the law's legal effect:

Sec. 10.
(a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that:
(1) the person's exercise of religion has been substantially burdened, or is likely to be substantially burdened; and
(2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person:
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest; the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity.​
(b) Relief against the governmental entity may include any of the following:
(1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter.
(2) Compensatory damages.​
(c) In the appropriate case,the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney's fees, to a person that prevails against the governmental entity under this chapter.​

The entire purpose of this law - as those trying to pass it were more than happy to admit - was to prevent municipalities from enforcing LGBT civil rights ordinances against businesses, on the theory that the government would not be able to meet this burden of proof in justifying the application of the ordinance.

No you are the fool

if you think the state "substantially burdens" free exercise of religion by stopping people who don't like gay marriage to not bake a cake. These are objective tests. You'd get laughed out of court by taking the position and then making the argument you think this law would allow.

If you think this law prevents municipalities from enforcing LBGT civil rights "against businesses" you need to back to law school.
 
No you are the fool

if you think the state "substantially burdens" free exercise of religion by stopping people who don't like gay marriage to not bake a cake. These are objective tests. You'd get laughed out of court by taking the position and then making the argument you think this law would allow.

If you think this law prevents municipalities from enforcing LBGT civil rights "against businesses" you need to back to law school.
Oh, I'm not necessarily saying Bloomington would lose the case. I'm saying that's why the bill was passed, because social conservatives were betting that Bloomington would lose the case. Or hoping. Or whatever verb you want. But that's why the law exists. It was an attempt to get around local LGBT civil rights ordinances, and they were all very quite blunt about their intentions, so if you deny that, you're either dumb or a liar.
 
Oh, I'm not necessarily saying Bloomington would lose the case. I'm saying that's why the bill was passed, because social conservatives were betting that Bloomington would lose the case. Or hoping. Or whatever verb you want. But that's why the law exists. It was an attempt to get around local LGBT civil rights ordinances, and they were all very quite blunt about their intentions, so if you deny that, you're either dumb or a liar.

Sounds to me like

You really are bitching about social conservatives and not the Indiana RFRA. As I've said a few times, what social conservatives say the law means or does is meaningless to me as a lawyer trying to apply the law. The same goes for judges and juries. If you want to take a whack at social conservatives be my guest.
 
Sounds to me like

You really are bitching about social conservatives and not the Indiana RFRA. As I've said a few times, what social conservatives say the law means or does is meaningless to me as a lawyer trying to apply the law. The same goes for judges and juries. If you want to take a whack at social conservatives be my guest.
Sigh. I forgot who I was talking to. The master of moving the goalpost. Forget it.
 
That view of the law is wrong on two counts

First, the law doesn't permit a denial of all service, just personal service.

Second, you definitely can't deny personal service because somebody is "part of the LGBTQ community". You'll be laughed out of court if that is your evidence.


Interesting, because I thought I was very clear in stating that I was not presenting a legal perspective. The nuances and corrections you noted are (for the second time) something I accept from you (although other lawyers might disagree with you or correct me in other lawlerly ways, as Goat did) because of your training and experience, neither of which I have. And I actually think you understand and understood my original point -- there is a component of this that is based upon perception, not what lawyers say or think, nor what courts ultimately decide. Those things are very important, but they are of detailed import to a select few, and in almost all matters, perception is also critically important. The law, no matter how you say it, appears to be anti-LGBT.

Extending this just a bit, the general idea that any individual's religious beliefs can trump our laws (such as against discrimination) it worrisome to me. Not because I am anti-religious, but because it seems to elevate personal beliefs that cannot be measured or objectively established above more factual matters. Furthermore, it seems to start us down what could be one of those slippery slopes. Anyway, I'm sure my perception is not entirely square with what I should or would say in court, which hopefully you get by now is irrelevant to my point.
 
Would every person on this board who had 1st hand information - that means you were there, heard the testimony, participated or had a hand in producing the legislation - regarding the purpose of prohibiting local units of government from enacting local ordinances on civil rights, please raise their hand.

After the rants and raves are done please tell me and I'll tell you why the amendment was enacted. (Hint - Indiana also has a statute that prohibits local minimum wage ordinances, though it does not effect the wages the governmental units pay their own employees.). I'll wait, doubting whether any hands are raised.
Hint: the picture with Pence and the people behind it told me all I need to know. Sorry, but you don't qualify as an objective participant, since you likely agreed with the like of Curt Smith and Eric Miller.
 
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Go away, troll. I know what RFRA is, I know which states have them. I also know why states have them. Do you? Do you know why states feel the need to copy a federal law? It's because federal RFRA is unconstitutional as applied to the states.

The adults are having a conversation. Please return to the kiddie table.
Weak cheese. The moderator posts a personal insult in violation of his own dictatorial rules. How many hundred such insults is that for you know, Your
Highness?
 
Hint: the picture with Pence and the people behind it told me all I need to know. Sorry, but you don't qualify as an objective participant, since you likely agreed with the like of Curt Smith and Eric Miller.
Well, you're wrong as always regarding the legislative process. I had no position on the enactment but
I was there and saw/heard all the discussion on the issue. Where were you? Reading the Star and its false representation of the issue. than repeating it as if it was true?
Swallowed the news hook line and sinker, didn't you.

EDIT-typo
 
Well, you're wrong as always regarding the legislative process. I had no position on the enactment but
I was there and saw/heard all the discussion on the issue. Where were you? Reading the Star and its false representation of the issue. than repeating it as if it was true?
Swallowed the news hook line and sinker, didn't you.

EDIT-typo
Could not one have read Eric Miller's tweets instead of the Star? That photo combined with Miller's declaration of victory killed RFRA. I will bet right now Pence wishes he had signed that in front of others, or gagged Miller.

Imagine inviting David Duke to the signing of a civil rights bill, and him tweeting about the great victory. Co could be right the bill meant very little, but the optics are the problem. And the problem is, Pence wanted to reward his allies with those optics. He just did not judge the reaction to them.
 
Could not one have read Eric Miller's tweets instead of the Star? That photo combined with Miller's declaration of victory killed RFRA. I will bet right now Pence wishes he had signed that in front of others, or gagged Miller.

Imagine inviting David Duke to the signing of a civil rights bill, and him tweeting about the great victory. Co could be right the bill meant very little, but the optics are the problem. And the problem is, Pence wanted to reward his allies with those optics. He just did not judge the reaction to them.

Picture worth a thousand words: Big mistake

mike_pence_2.jpg
 
Do you know that there is a federal RFRA statute? Been on the books for years. That there are RFRA laws in 31 states? Yet you can't even accurately describe what the RFRA law in your own home state does but you rave on as if you knew your fanny from first base. You've had this explained to you. You've also been advised that there is no appreciable economic loss as the extremists predicted.
Well, you're wrong as always regarding the legislative process. I had no position on the enactment but
I was there and saw/heard all the discussion on the issue. Where were you? Reading the Star and its false representation of the issue. than repeating it as if it was true?
Swallowed the news hook line and sinker, didn't you.

EDIT-typo
As I said, your opinion means nothing. Everyone here knows your bias. I saw who he invited to the photo op. I went to those people's websites and saw their words. That was enough for me. 2 plus 2 usually means 4 in the world of reality.
 
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