News for hackers. Stuff that matters.
Re:Welcome, ACLU by joshfraser on Tuesday January 31, 2017 @12:39PM (#13532982)
I've been a long time supporter of the ACLU. While they're being politicized right now as being anti-Trump, the thing I admire most about them is their consistency in fighting for the rights of everyone. They stick to their principles of free speech and human equality no matter how unpopular the issue or unsavory their client.

A good example is back in the 1930s when the ACLU simultaneously defended the rights of blacks on behalf of the NAACP at the same time as they were fighting for the rights of the Klu Klux Klan to hold rallies calling for the abolition of those rights.

The strength of your convictions are only tested at the extremes. Do you still believe in free speech when it's coming from neo-Nazis? The ACLU do and I deeply respect them for that.

Re:Welcome, ACLU by alanh on Tuesday January 31, 2017 @02:25PM (#13534266)
You used the passive voice, “the ACLU are being politicized right now as being anti-Trump.”

The ACLU, in their official communications and advertisements, have been actively and explicitly anti-Trump. Witness their current 'pinned tweet' for example: https://twitter.com/ACLU/status/825805289572151298

I don’t really mind that, but let’s not ignore that the ACLU intentionally earned their reputation as an opponent of this administration (and to some extent, of every previous admin, as well)!

Re:Welcome, ACLU by baconner on Tuesday January 31, 2017 @09:03PM (#13537521)
I think it would be more accurate to say right now that Trump is anti ACLU and everything it stands for. They're the static object in this equation imo.

They're not anti-Trump the person. They're against anyone who intends to ignore/damage civil liberties and Trump the candidate was pretty explicit about his thoughts there and is following through.

Re:Welcome, ACLU by jack9 on Wednesday February 01, 2017 @12:36AM (#13538554)
> I think it would be more accurate now that Trump is anti ACLU and everything it stands for.

That's less accurate. I don't think you understand what the ACLU "stands for", in context not in literal acronym. Not to say there isn't contention and opposition, but the hyperbole is not appreciated (e.g. http://www.cnn.com/2017/01/31/politics/lgbt-protections-trum...).

Re:Welcome, ACLU by baconner on Wednesday February 01, 2017 @07:06PM (#13546740)
Pretty sure I have a good grip on what the ACLU stands for and that is mainly equal protection under the law.

If stepping on lgbtq rights becomes convenient for Trump he will do it in a heartbeat, but right now he finds it more useful to demonize Muslims, immigrants, and people of color.

Speaking as a bisexual man myself deciding it's not worth the effort to attack me right now is not the same as being pro LGBTQ rights. Obama is the only president we have to thank for those protections Trump didn't do anything.

This is a pattern with him over and over. Credit taking for things others have _clearly_ done and it's repulsive.

And besides I don't know many LGBTQ people who don't consider an attack on any vulnerable minority an attack on us all. Hell gay immigrants have had loads of experience with cruel treatment by the us government. We're well aware of what it's like to have our families ripped apart with a deportation.

Re:Welcome, ACLU by baconner on Wednesday February 01, 2017 @08:36PM (#13547277)
Re:Welcome, ACLU by jack9 on Wednesday February 01, 2017 @12:53PM (#13543050)
The implication is that if Trump is against everything the ACLU "stands for", the protections are anti-ACLU? This is categorically inaccurate.
Re:Welcome, ACLU by baconner on Wednesday February 01, 2017 @06:54PM (#13546672)
OK fine it's more accurate to say Trump is anti Constitutional limits on his power whatever those limits are. the ACLU is just defending it's interpretation of those limits.

We can parse the syntax more but my main point is simply that the ACLU has consistently stood for equal protection under the law. Trump is the new variable in this situation and brings a wildly anti equal protection view so he crashed into them (and the Constitution imo) not the other way around.

Frankly, I'm not convinced he has even read more than snippets of the bill of rights.

Re:Welcome, ACLU by bb611 on Tuesday January 31, 2017 @03:29PM (#13534889)
There is a chasm between anti-illegal behavior by the president and anti-president. By this definition of "actively and explicitly anti-Trump" the ACLU was probably the 2nd most anti-Obama group after the birthers.

The ACLU has a clear agenda that is not highly aligned with either political party, so "being politicized" is accurate.

Re:Welcome, ACLU by bbctol on Tuesday January 31, 2017 @05:01PM (#13535681)
I would say the ACLU is by definition anti-government, though. Not in the sense that they want it destroyed, just in the sense that they'll always be the opposition to the executive branch. So they're "anti-Trump," but not in a way that's easily politicized; if any Democratic executives tried to punish people for being pro-Trump, the ACLU would be against them too.
Re:Welcome, ACLU by grandalf on Tuesday January 31, 2017 @07:24PM (#13536889)
> the ACLU is by definition anti-government

I'd rephrase that as "in favor of the rule of law". Governments break the law all the time and need some form of checks and balances to correct wrongdoing.

Re:Welcome, ACLU by baconner on Tuesday January 31, 2017 @09:11PM (#13537560)
TWISI the org chart of the US Government is basically the constitution a the top & each branch of government below reporting to the constitution.

Unfortunately the Constitution can't call up the president or file lawsuits on it's own so the ACLU takes it upon themselves to make an argument on behalf of the big boss.

So many business people who want to be politicians mistake the presidency for being CEO. The president isn't CEO, more like co-COO and sometimes a swift and loud reminder of that fact is necessary.

Re:Welcome, ACLU by groovy2shoes on Wednesday February 01, 2017 @02:24AM (#13539016)
I don't mean to imply that you're wrong (afaik, you're actually correct here), but I do want to point out that the interpretation and legal enforcement of the constitution is supposed to be done by the Supreme Court (and, to a somewhat lesser extent, the entire judiciary branch). I'm not sure to what extent the SC can pass judgments / make rulings without being prompted by a lawsuit, though at the very least it seems to me that the ACLU at least keeps the important stuff on their radar ;)
Re:Welcome, ACLU by morgante on Wednesday February 01, 2017 @04:37AM (#13539528)
> I'm not sure to what extent the SC can pass judgments / make rulings without being prompted by a lawsuit, though at the very least it seems to me that the ACLU at least keeps the important stuff on their radar ;)

They can't at all. Ours is an adversarial legal system and therefore the rule of law depends on dogged opposition willing to make challenges to unjust laws. That's why the ACLU is so critically important.

It's also one of the big problems with secret laws and warrantless surveillance: if you don't know your rights are being violated, how do you prove a violation occurred (which is a requirement to be granted standing in court)?

Re:Welcome, ACLU by baconner on Wednesday February 01, 2017 @08:44PM (#13547335)
Good point and actually it cuts against my judicial review argument given FISA's reputation (and stats) for approving virtually everything.
Re:Welcome, ACLU by baconner on Wednesday February 01, 2017 @08:43PM (#13547325)
Agreed - enforcing the constitution is a tag team effort between the judiciary and the people. I would prefer it if there were required judicial approval for new laws and EOs, but alas that's not our system.
Re:Welcome, ACLU by dnautics on Tuesday January 31, 2017 @08:07PM (#13537163)
I think the ACLU goes beyond the rule of law, and sometimes will push the line on interpretations of the law to limit government power (which I think in a fine thing to be doing).
Re:Welcome, ACLU by Vivtek on Tuesday January 31, 2017 @08:32PM (#13537332)
The L does stand for "liberty", so I think this is probably the entire point.
Re:Welcome, ACLU by masklinn on Wednesday February 01, 2017 @04:27AM (#13539495)
> I'd rephrase that as "in favor of the rule of law".

The ACLU will fight against laws it considers unjust, illegitimate and liberticide. It has under pretty much every administration.

Re:Welcome, ACLU by DashRattlesnake on Tuesday January 31, 2017 @03:37PM (#13534960)
A long time ago, during the GWB administration, I donated to the ACLU and got placed on the postal mailing lists of innumerable unrelated Democratic-leaning activist organizations. I was disappointed by that, since the partisan association cheapens their work and opens them up to attack.
Re:Welcome, ACLU by wahern on Tuesday January 31, 2017 @08:04PM (#13537134)
I once almost donated to the NRA several years ago. But on their main website were a few links to some anti-abortion/pro-life organizations. (And, AFAICT, it wasn't advertisements served over a third-party system.) I never went back.

I don't think the ACLU is nearly as partisan aligned or affiliated like that. But they're definitely more aligned, as a political matter, with the Democratic party. Partly for historical reasons (e.g. school busing, voting rights, criminal rights, etc.) But I totally get what you're saying.

The other part of it, though, is that we all need to learn to be a little more tolerant of political organizations and politicians taking stances that we personally disagree with. It's inevitable. To demand otherwise leads to more extremism, and leads to more fragmentation. If all we have are 10,000 smaller advocacy organizations, they're all going to drift left or right to a much greater extent. The only way to arrest that shift is to use yourself as an anchor; support the organization but then be sure to voice your opposition when they assume an inappropriate policy stance or affiliation.

Re:Welcome, ACLU by lend000 on Tuesday January 31, 2017 @09:49PM (#13537756)
The ACLU is much more closely aligned with the Libertarian Party, although they don't officially associate with any political party. They were huge critics of the Obama administration, the "embodiment of the Democratic Party" -- to some people, at least. They've also been huge advocates for Title IX reform on college campuses and opposed restrictions of student expression. It's wishful thinking that they are any closer to the Democratic Party than the Republican Party -- both are enemies of freedom, most of the time.
Re:Welcome, ACLU by bjourne on Tuesday January 31, 2017 @05:38PM (#13536021)
Are you sure you didn't tick the "Yes, send me information about related campaigns box"? Because this is what their privacy statement reads:

"When we give you an opportunity to voluntarily submit information about yourself, we may give you the option of indicating that you permit us to share that data with other parties such as coalition partners or specific legislators. We will not share your data with such parties unless you have indicated that you permit us to do so."

https://www.aclu.org/american-civil-liberties-union-privacy-...

Because you are making a strong accusation: "they shared my data without my consent"

Re:Welcome, ACLU by DashRattlesnake on Tuesday January 31, 2017 @06:41PM (#13536561)
> Are you sure you didn't tick the "Yes, send me information about related campaigns box"? Because this is what their privacy statement reads:

My donation happened more than 10 years ago (probably closer to 15), so who knows what their privacy stance was then. Quoting their current one certainly doesn't shed any light onto that.

In any case, while the fact that they shared my info was annoying, it also wasn't the point I was getting at. My point was: they chose to lump themselves in with unrelated left-wing causes by sharing my data, and I'm unhappy they chose to make civil liberties seem like a left/right thing by doing that.

Re:Welcome, ACLU by bjourne on Tuesday January 31, 2017 @07:39PM (#13536979)
It can be checked using the wayback machine: https://web.archive.org/web/20020802064342/http://www.aclu.o...

> However, the names and postal addresses of ACLU members, ... may be exchanged or rented to other organizations ... > members who join through the ACLU Freedom Network website are provided with an opportunity to opt out of this exchange.

That's from 2002 and they have similar paragraphs in all their updated privacy statements. But that's a moot point I guess, because your complaint wasn't that your data was shared.

Re:Welcome, ACLU by charia on Tuesday January 31, 2017 @06:03PM (#13536279)
I think the point being made is that the people who his information was shared with leaned toward one political affiliation.
Re:Welcome, ACLU by haldean on Tuesday January 31, 2017 @07:04PM (#13536751)
Usually, organizations sell these lists to anyone who pays for them. It's not the ACLU's fault that left-leaning organizations perceived that list as valuable while right-leaning organizations didn't; my guess would be that right-leaning organizations bought the lists of new donors more frequently during 2008-2016.
Re:Welcome, ACLU by snowwrestler on Tuesday January 31, 2017 @05:46PM (#13536106)
They are telling people to fight back against Trump's executive orders that threaten civil liberties.

They are not anti-Trump, in that if Trump rescinded his problematic EOs, the ACLU would stop fighting him. The issue is not the man, it's the policy.

Re:Welcome, ACLU by finid on Tuesday January 31, 2017 @06:12PM (#13536347)
The issue is not the man, it's the policy.

But how do you separate the man from his policies? That would be like trying to separate a man from his religious conviction. A mans policies reflect what he believes in.

Re:Welcome, ACLU by pshposh on Tuesday January 31, 2017 @08:54PM (#13537475)
The constitution asks us to separate religious conviction from public policy so I don't think it is that outlandish. The government is supposed to represent all people not just the politician's beliefs.
Re:Welcome, ACLU by empath75 on Tuesday January 31, 2017 @10:28PM (#13537962)
The presidency isn't meant to be a cult of personality and good presidents will sometimes implement policies that they personally disagree with.
Re:Welcome, ACLU by morgante on Tuesday January 31, 2017 @03:48PM (#13535053)
Trump has positioned himself as actively and explicitly anti-civil liberties. He does not feel he is bound to ethical rules or rule of law.
Re:Welcome, ACLU by rayiner on Tuesday January 31, 2017 @09:46PM (#13537743)
For context, I've got 8 years of ACLU emails with quotes like:

> Despite initial assurances that he would veto this outrageous bill, President Obama will now be known as the president who signed indefinite detention without charge or trial into law.

Re:Welcome, ACLU by general_ai on Wednesday February 01, 2017 @01:56AM (#13538907)
Funny how YC didn't consider it sensible to sponsor ACLU back then. :-)
Re:Welcome, ACLU by justin on Wednesday February 01, 2017 @02:30AM (#13539040)
How is that funny?
Re:Welcome, ACLU by general_ai on Wednesday February 01, 2017 @02:44AM (#13539102)
Not funny per se, ironic. But there's no smiley for "ironic".
Re:Welcome, ACLU by richmarr on Wednesday February 01, 2017 @05:50AM (#13539756)
How is that ironic?
Re:Welcome, ACLU by general_ai on Wednesday February 01, 2017 @12:35PM (#13542843)
It's ironic in the sense that California liberals literally let their guy get away with murder, but for a republican, they're all indignant and stuff for a much smaller offense. Not only is this ironic, it's pathetic and hypocritical as well.
Re:Welcome, ACLU by zaphods-towel on Thursday February 02, 2017 @02:43AM (#13548840)
I know many liberals who were extremely outspoken against Obama's illegal actions (I am one of them). I think that if you haven't encountered them, you haven't met good liberals or you haven't made an effort to ask people what their full belief set about Obama is. There was much less of an organized response than there is to Trump. Mostly because Trump has gone ahead and insulted just about everyone he possibly can, including liberals, veterans, immigrants, religious minorities, Mexicans,...

He's gone to ridiculous lengths to make enemies. He's a frickin reality TV show host, and it shows (ha). Obama, on the other hand, is a very subdued and poltician-ish figure. He colored within the lines on most public fronts, and pushed the limits in subtler and slower ways.

Re:Welcome, ACLU by richmarr on Thursday February 02, 2017 @04:29AM (#13549241)
> Not only is this ironic...

People holding the opposing side in politics to a different standard isn't irony. To be irony it has to be exepectedly reversed somehow.

This is called confirmation bias, and you're doing it too.

>... it's pathetic and hypocritical as well.

If you stop and engage your rational brain, you'll immediately realise that's how partisan politics works, and that both sides do it.

Yes, it's both pathetic and hypocritical, but we all do it all day long... pathetic hypocracy is part of human nature. So are plenty of admirable traits, on all sides of any argument.

Re:Welcome, ACLU by coolgeek on Wednesday February 01, 2017 @03:38PM (#13544866)
> California liberals literally let their guy get away with murder

What are you talking about? What guy, and what murder?

Re:Welcome, ACLU by 19guid on Tuesday January 31, 2017 @01:48PM (#13533822)
Unfortunately, the ACLU is not always consistent on the issue of free speech. For example, they have frequently argued in favour of compelling speech from Christian bakers, florists and photographers who, for reasons of conscience, are unwilling to provide their creative services for same-sex weddings. [1] [2] [3]

[1] http://aclu-co.org/court-rules-bakery-illegally-discriminate...

[2] http://www.csmonitor.com/USA/Justice/2016/0712/A-florist-cau...

[3] http://www.nytimes.com/2013/11/19/us/weighing-free-speech-in...

Re:Welcome, ACLU by azrazalea on Tuesday January 31, 2017 @05:57PM (#13536227)
I've always had an internal issue here.

On one hand, I believe heavily in free speech to the point where as a principle (but not a constitutional thing) I find a lot of twitter and facebook's recent behavior awful.

On a personal level, I think religion is stupid and people who refuse to give service to anyone over it equally stupid(especially since if they were actually following Jesus's word they wouldn't be doing it. There's a lot about not judging and jesus hanging out with sinners in the new testament). I try not to let this affect my policy opinions since I try to be logical not emotional about them but I'm not sure how well I succeed. Religious beliefs do seem to be about the only reason people are trying to push for these sorts of things too.

Another point on a personal level is I would not want to work with someone on something like my wedding with someone who secretly hated who I am. Especially if they were being coerced by the government to do it.

So overall I'm altogether confused about the whole issue.

One thing I am sure of is that I am absolutely against any kind of religious exemption to any law whatsoever. Make the law one way or another.

Re:Welcome, ACLU by general_ai on Wednesday February 01, 2017 @02:03AM (#13538933)
I just wonder if they'd be as passionate about defending civil liberties if a devout Muslim photographer refused to photograph a Bar Mitzvah of a gay Jew. Would that be illegal? Or does this only apply to Christians?
Re:Welcome, ACLU by grzm on Wednesday February 01, 2017 @02:05AM (#13538936)
Why are you so determined to find fault with the ACLU? Why the presumption of bad faith?
Re:Welcome, ACLU by general_ai on Wednesday February 01, 2017 @02:07AM (#13538946)
Where did I find fault with ACLU? This problem is much broader than them. They're merely a reflection of the larger society.
Re:Welcome, ACLU by grzm on Wednesday February 01, 2017 @02:18AM (#13538989)
I apologize. I slipped. I strive to engage people in good faith, and my previous comment does not reflect that.
Re:Welcome, ACLU by danielsju6 on Tuesday January 31, 2017 @02:55PM (#13534580)
Refusal of service based race, sex, marital status or sexual orientation is not protected speech. It's discrimination. They gave up rights when they went into business.
Re:Welcome, ACLU by gregw134 on Tuesday January 31, 2017 @05:16PM (#13535823)
On the other hand, there's a significant number of religious people in the US that believe they can't ethically support an LGBT wedding by offering services as a photographer, baker, etc. There's a very real tension between the rights of LGBT people to not be discriminated against and the rights of religious business owners to act according to their conscience. It's a snaggly issue, but hearing this kind of rhetoric from Democrats and left-leaning media("they give up rights when the went into business") is exactly what caused the center of the country to swing further right in the last election.
Re:Welcome, ACLU by danielsju6 on Tuesday January 31, 2017 @07:39PM (#13536981)
On the other hand... it's illegal.

They shouldn't be business owners if our social contract hurts their feelings. Commerce is a regulated activity.

Re:Welcome, ACLU by LordKano on Wednesday February 01, 2017 @12:34PM (#13542838)
Should a Jewish baker be forced to bake a Swastika cake?

Should a black florist be forced to make arrangements for a KKK wedding?

Should a Muslim butcher be forced to prepare pork for his customers?

I don't know about you but I wouldn't want to eat something that someone didn't really want to make for me. Can you trust food that was only made under threat of government action? I can't.

Re:Welcome, ACLU by danielsju6 on Wednesday February 01, 2017 @04:19PM (#13545328)
1) No, that's silly 2) No, the florist would not be in violation of anti-discrimination 3) No, if he didn't already sell pork he wouldn't be forced to

The last point, fair. No one said the cake had to be good :P It's just their professional reputation on the line.

The protected populations are rather limited "race, sex, marital status or sexual orientation", there may be additional protections in your jurisdiction + it has to be a product/service you already provide.

If you bake cakes, you can't refuse a cake to a gay couple; you could refuse on any number of other grounds though. If you don't sell pork, you can't be forced to. But breaking our laws because you like a book (legally speaking) is not allowed.

* FYI I'm not a lawyer and this is not legal advice, if you're refusing service to anyone for anything other than business reasons you should double check with your counsel. You could be violating feduciary duty, etc.

Re:Welcome, ACLU by LordKano on Wednesday February 01, 2017 @05:18PM (#13545941)
I find it silly that a devout Christian can be sued into bankruptcy because he or she doesn't want make a wedding cake with two grooms on it.

I find it silly that a devout Christian can be sued into bankruptcy because he or she doesn't want to photograph a wedding ceremony with two brides.

The law has no regard for silly.

Moreover, you're missing the point. I picked people for my example because we all understand how repugnant those people would find it to be forced to take part in certain actions.

I get it, religious people are a convenient target of scorn and ridicule but the government shouldn't be in the business of coercing people to provide non-essential services to others.

So, a black ER doctor should have to provide assistance to the KKK member who was just shot and a Jewish pharmacist should have to fill the prescription for the neo-nazi's cancer medication.

Those are life and death issues, so they're not the same as someone getting their feelings hurt because someone else didn't want to associate with them.

Re:Welcome, ACLU by danielsju6 on Wednesday February 01, 2017 @05:57PM (#13546243)
None of the examples you listed in the GP were illegal.

The first two you listed here are, if it is proven in court that they were discriminating based on sexual-orientation. If the baker doesn't do bespoke decorations, fine. If the photographer doesn't shoot weddings, fine.

If you don't obey the law A) you're not a good Christian B) you don't get to engage in commerce in the United States of America.

Also please show me in your holy book where it says "thou shall not participate in commerce with homosexuals"

Re:Welcome, ACLU by LordKano on Thursday February 02, 2017 @08:34AM (#13550357)
None of the examples you listed in the GP were illegal.

Yes, that was the point. I'm talking about the weaponization of the law.

Also please show me in your holy book where it says "thou shall not participate in commerce with homosexuals"

Please show me where I ever said that it was my book.

Re:Welcome, ACLU by danielsju6 on Wednesday February 01, 2017 @06:02PM (#13546293)
Also, if they were sued into bankruptcy they clearly didn't set up their corporation correctly.

If they are bankrupt it's more likely they spent all their money on their crusade in the courts + lost IMO.

Re:Welcome, ACLU by danielsju6 on Wednesday February 01, 2017 @05:44PM (#13546162)
You can't discriminate based on "race, sex, marital status or sexual orientation" that's the law. It's not a matter of repugnance, it's not a matter of silly. It's about protecting rights that the free market was unwilling to correct for on it's own.

Just cause you like a book doesn't mean you can ignore the law.

Those devout Christians had no business exchanging services for currency if they can't respect the law. Commerce is regulated per our Constitution.

Re:Welcome, ACLU by LordKano on Thursday February 02, 2017 @09:36AM (#13550756)
You can't discriminate based on "race, sex, marital status or sexual orientation" that's the law.

I have noticed that every time you say this, you conveniently leave out "religion". It's against the law to discriminate against someone because of their religion too.

Commerce is regulated per our Constitution.

Interstate commerce is regulated per our Constitution. Intrastate commerce falls under other laws.

Re:Welcome, ACLU by Shivetya on Wednesday February 01, 2017 @06:29AM (#13539882)
I am of the opinion that since these services are not limited in number that society can be more corrective by simply not patronizing providers who don't uphold its values.
Re:Welcome, ACLU by danielsju6 on Wednesday February 01, 2017 @12:46PM (#13542969)
In many places they are limited in number.

Further in those places, the populations that non-discrimination laws protect need protecting. If it weren't for the law their livelyhoods and lives would be in greater danger.

I'm from the middle of nowhere and so are my gay brothers, one of whom recently got married. I've experienced this. I've fought this. Don't try to feed me this invisble hand solving discrimination and hate crimes horseshit.

Libertarians...

[dead]
Re:Welcome, ACLU by wutbrodo on Tuesday January 31, 2017 @08:24PM (#13537293)
As much as I disagree with the GP commenter, this doesn't make any sense at all. It's possible to think that Garner was breaking the law and that police use of excessive force (including a banned technique) was _unjustifiable_.

How on earth do you jump from "he was doing something illegal so the police had the right to enforce the law" to "the amount of force used was appropriate and unfortunately led to his death". You may have lost the thread of the conversation, but no one was talking about bakers being killed by inappropriate use of police force in the course of compelling them to serve gay weddings.

Re:Welcome, ACLU by eli_gottlieb on Tuesday January 31, 2017 @11:52PM (#13538356)
I don't think that getting hit with a lawsuit and dying are equivalent disincentives.
Re:Welcome, ACLU by orbitur on Wednesday February 01, 2017 @01:25AM (#13538748)
> Garner's death is an unfortunate but justifiable collateral damage of the police's clear duty to enforce the social contract

No.

Re:Welcome, ACLU by bradleyjg on Tuesday January 31, 2017 @05:40PM (#13536051)
hearing this kind of rhetoric from Democrats and left-leaning media("they give up rights when the went into business") is exactly what caused the center of the country to swing further right in the last election.

Do you have any evidence for that?

Re:Welcome, ACLU by gregw134 on Tuesday January 31, 2017 @05:55PM (#13536208)
I grew up in the Midwest and still visit sometimes. Many people I know think Democrats have lost their minds with this issue (and the bathroom debate).
Re:Welcome, ACLU by bobwaycott on Tuesday January 31, 2017 @11:18PM (#13538188)
The bathroom debate that, like so many issues of the last several years, was borne from GOP legislative and executive action, but blamed on the Democrats for standing against it?

Who exactly has lost their minds here?

Re:Welcome, ACLU by judahmeek on Tuesday January 31, 2017 @07:00PM (#13536717)
That's not evidence of a political swing though.
Re:Welcome, ACLU by wernercd on Tuesday January 31, 2017 @11:21PM (#13538204)
Multiple states going Red would beg to differ... As would a 1030+ seat swing from Blue to Red...
Re:Welcome, ACLU by pshposh on Tuesday January 31, 2017 @10:10PM (#13537865)
You made sweeping statements that went well beyond just 'people I know'.
Re:Welcome, ACLU by crazypyro on Wednesday February 01, 2017 @03:03PM (#13544500)
>the rights of religious business owners to act according to their conscience

There is no such thing.

Re:Welcome, ACLU by efdee on Wednesday February 01, 2017 @05:00AM (#13539575)
> the rights of religious business owners to act according to their conscience

Honest question: which right would that be? I've never heard about that before.

Re:Welcome, ACLU by 19guid on Tuesday January 31, 2017 @04:52PM (#13535590)
I don't think refusal of service is itself protected speech either, but we're not talking about the government restricting protected speech. We're talking about the government compelling an individual to engage in protected speech, like taking a wedding photograph.

> The U.S. Supreme Court has said repeatedly that the First Amendment protects an "individual freedom of mind"—e.g., (1943), which affirmed the right not to salute the flag or say the Pledge of Allegiance—which the government violates whenever it tells a person that she must or must not speak. Forcing a photographer to create a unique piece of art violates that freedom of the mind.

http://newsroom.ucla.edu/stories/choosing-what-to-photograph...

Re:Welcome, ACLU by danielsju6 on Tuesday January 31, 2017 @07:31PM (#13536938)
Compelling a business, there's a big difference.

The government can't order you, as an individual, to bake someone a cake; but if you're a business discrimination is prohibited.

Engaging in commerce is a regulated activity per our Constitution.

Re:Welcome, ACLU by dnautics on Tuesday January 31, 2017 @08:17PM (#13537249)
actually that is exactly what the government did. The bakery didn't refuse to serve homosexuals. They did refused to bake a cake with say, two males at the top (paraphrasing the case).

EDIT: looked it up, they didn't want to bake a cake with bert & ernie and a pro-gay-marriage slogan.

Re:Welcome, ACLU by baconner on Tuesday January 31, 2017 @08:57PM (#13537487)
Ok, but that does not change the fact that the bakery in this situation was in fact discriminating. You don't have to refuse all service to be discriminating illegally.

A more sinister version of the same logic is the argument that states weren't discriminating against gay people by not letting them marry someone of the same sex because technically they could go find someone of the opposite sex and be granted a wedding license for a life of misery married to someone who they could literally never be attracted to instead of the person they were attracted to and loved. It's discrimination in either case.

Re:Welcome, ACLU by 19guid on Wednesday February 01, 2017 @12:38AM (#13538560)
The cases I listed above all involve sole proprietorships or closely-held companies, so compelling the business to engage in protected speech is tantamount to compelling the individual who owns the business to engage in protected speech.

I agree the states and Congress can regulate commerce, but those regulations are still subject to the First Amendment.

Re:Welcome, ACLU by sgift on Wednesday February 01, 2017 @03:01AM (#13539160)
> The cases I listed above all involve sole proprietorships or closely-held companies, so compelling the business to engage in protected speech is tantamount to compelling the individual who owns the business to engage in protected speech.

The moment you start a business you adapt an additional role to the one you already have ("private person"). In this role you have specific rights and obligations while you're in that role. It's the same reason that a person who is a police officer is allowed to arrest you while on duty (in his role as a police officer), but not when he is off duty (and in his role as a private citizen).

Re:Welcome, ACLU by pcvarmint on Wednesday February 01, 2017 @05:20PM (#13545961)
Actually any citizen can arrest a lawbreaker, not just a police officer, and not just while one is on duty.
Re:Welcome, ACLU by literallycancer on Tuesday January 31, 2017 @05:31PM (#13535959)
What's the difference between the wedding photographer who won't take a picture of a gay couple, and a bar/shop owner with "no dogs, no blacks, no Irish" policy?
Re:Welcome, ACLU by gregw134 on Tuesday January 31, 2017 @05:39PM (#13536036)
The wedding photographer believes, because of their religion, that it would be unethical to participate in the wedding.
Re:Welcome, ACLU by snowwrestler on Tuesday January 31, 2017 @06:05PM (#13536304)
Business owners cited religious reasons to deny service to black people too. The KKK was founded as a nominally Christian organization.

Folks who fought for Jim Crow laws did not view themselves as willfully evil people who discriminated for no reason. They viewed their own support of segregation as a principled moral stance. That's why they fought so hard.

Re:Welcome, ACLU by gregw134 on Tuesday January 31, 2017 @07:06PM (#13536779)
Gay marriage was an obvious win for individual rights and liberty. This issue is different: the discussion isn't around whether bars should be allowed to kick out LGBT patrons, it's whether bakers and photographers should be compelled to offer services which might be against their conscience. That's a important right that could be taken away, so it isn't obvious compelling bakers not to turn away LGBT clients is a net win for individual rights.
Re:Welcome, ACLU by snowwrestler on Tuesday January 31, 2017 @10:02PM (#13537831)
It's a tough issue, but so are all civil rights laws. They all force a business owner to serve or accommodate customers they might not want to. Calling something a religious objection shouldn't be a universal pass IMO.

Among other reasons, what do you do when people start inventing religions to get out of doing things they don't want to? Should the government be in the position of deciding which religions are "real"? Just look at the history of Scientology or modern Satanism for examples.

For me this issue is so frustrating because in the gospels, Jesus repeatedly went out of his way to accept and bless society's cast-offs. He tells his followers to turn the other cheek and be wary of imposing judgment.

Yet today, people who supposedly follow his teachings are eager to do the casting off themselves, based on a few sketchy line readings from elsewhere in the Bible. I just don't understand how someone can read the New Testament and come away with "be mean to gay people" as a priority message.

Re:Welcome, ACLU by rtpg on Wednesday February 01, 2017 @03:00AM (#13539158)
what is the fundamental difference between a bar "offering service" to patrons, and a photographer "offering service"?

Perhaps more importantly, the difference between that and a landlord "offering service"?

We talk about the wedding cakes and the photographs, but it's important to remember that less than 50 years ago, blacks were constantly turned away from houses in nice neighborhoods for similar objections.

Re:Welcome, ACLU by woah on Tuesday January 31, 2017 @08:08PM (#13537171)
Why should a bartender be compelled to offer their services?
Re:Welcome, ACLU by richmarr on Wednesday February 01, 2017 @06:57AM (#13539998)
> The wedding photographer believes, because of their religion, that it would be unethical to participate in the wedding.

The "because of their religion" part is demonstrably nonsense.

People don't foster anti-gay feelings because of their religion, they trawl archaic text to justify anti-gay feelings that already exist.

It takes 30 seconds and a copy of Leviticus to disprove. Where's the conservative rage about tattoos (Leviticus 19:28), or oysters (Leviticus 11:10)?

Re:Welcome, ACLU by alphapapa on Thursday February 02, 2017 @06:40PM (#13556130)
Your comment shows that you have not done even the most basic research into different kinds of Old Testament law, their function, how they relate to the New Covenant, underlying principles from Creation, etc. For example, how do you reconcile Christians eating non-kosher meat, since it is also forbidden in the OT?

You haven't even begun to consider these issues, yet here you are issuing sweeping proclamations about the contents and motivations of other people's hearts. Dare I say that you are not fostering anti-Christian feelings because of your understanding, but you trawl archaic text to justify anti-Christian feelings that already exist.

Re:Welcome, ACLU by richmarr on Friday February 03, 2017 @04:47AM (#13558778)
> For example, how do you reconcile Christians eating non-kosher meat, since it is also forbidden in the OT?

Because they don't want to follow that rule, and they see other Christians not following that rule.

Under your interpretation (that Christian attitudes are recieved from the Bible) Christian law would have remained largely static for the past 1600 years since the Bible was compiled, which is clearly not the case. For example, the treatment of adultery and usury have changed unrecognisably.

Having either attended or helped perform mass for half of my life, I can tell you for a fact that most Christians have no interest at all in treating the Bible as 'law' and instead use it for inspiration, comfort, or occasionally a crutch when making tough decisions. They recieve their morality and prejudices from themselves and from their peers.

If anyone was actually interested in treating the Bible as law then Theology would be a legal field not an academic one.

> ... you trawl archaic text to justify anti-Christian feelings that already exist.

Nonsense, I haven't said a single anti-christian word... and my pre-existing feelings are against the rationalisation of bigotry being treated as special, or worthy.

Prejudice (and we all have plenty) is to be examined and squashed, not protected.

> ... how they relate to the New Covenant

This is topical. Jesus teaches "love thy neighbour", and the Good Samaritan, lessons that we could all let a little closer to our hearts in times of wall-building, rejection of refugees, and threats of war.

Re:Welcome, ACLU by 19guid on Tuesday January 31, 2017 @05:41PM (#13536066)
Serving drinks is not protected speech; taking a photograph is.
Re:Welcome, ACLU by danielsju6 on Tuesday January 31, 2017 @07:37PM (#13536970)
Being paid to take a photograph is different though. That's not speech, that's a professional service.
Re:Welcome, ACLU by 19guid on Wednesday February 01, 2017 @12:34AM (#13538543)
The two aren't mutually exclusive. I imagine you would agree that a journalist still engages in protected speech when he writes articles in exchange for compensation. Why isn't a photographer also engaging in protected speech when he takes photos in exchange for compensation?
Re:Welcome, ACLU by wutbrodo on Tuesday January 31, 2017 @08:19PM (#13537260)
Are you saying that an act is no longer considered speech if you're paid for it? This seems to fly in the face of innumerable legal precedents, from porn to commissioned/sponsored art works to TV shows.
Re:Welcome, ACLU by danielsju6 on Tuesday January 31, 2017 @09:24PM (#13537635)
As it's engaging in commerce it is subject to regulation.
Re:Welcome, ACLU by bradleyjg on Tuesday January 31, 2017 @06:08PM (#13536322)
There's a decent, but by no means slam dunk, case that wedding photographers engage in protected expressive conduct. The case is significantly weaker one for bakers and florists.
Re:Welcome, ACLU by 19guid on Wednesday February 01, 2017 @12:40AM (#13538565)
This is true. The case is stronger if the baker designs a custom cake or has to write a message on the cake, or if the florist designs a custom floral arrangement.
Re:Welcome, ACLU by lotu on Tuesday January 31, 2017 @07:51PM (#13537067)
Personally, I've always wondered if the people who don't want to make cakes for a gay wedding/provide flowers would be willing to subcontract that out to someone else. When you buy a cake you don't generally expect that specific person will be making that cake. This would allow them to not participate while at the same time protecting people from discrimination.
Re:Welcome, ACLU by 19guid on Wednesday February 01, 2017 @12:44AM (#13538579)
Alternatively, why doesn't the gay couple just go somewhere else? I would imagine that only a very small minority of bakers/photographers/florists have strong feelings on this issue, so it's not like it would be difficult to find equivalent service elsewhere.
Re:Welcome, ACLU by ScottBurson on Wednesday February 01, 2017 @01:46AM (#13538860)
Because the law can't depend on how many people would like to disregard it. If, in any particular locality, it's not a small minority at all, we're quickly back to "separate but equal". We've seen that movie and we know it doesn't end well.

So given that people's rights would be grossly violated if lots of businesses turned them away, the law must say that no business may turn them away.

Re:Welcome, ACLU by tallanvor on Wednesday February 01, 2017 @08:56AM (#13540690)
Simply put: there isn't always "somewhere else" they can go, and you can't have different standards for businesses depending on whether or not they're the bakery in town, or the only photographer in town, etc.
Re:Welcome, ACLU by no-s on Wednesday February 01, 2017 @12:27PM (#13542733)
This is where Facebook and twitter bans tread as well. Moral outrage on its own does not justify social acceptability, however well meaning.
Re:Welcome, ACLU by bobwaycott on Tuesday January 31, 2017 @11:15PM (#13538180)
Those who oppose would still consider this participation.
Re:Welcome, ACLU by fieldsy on Tuesday January 31, 2017 @09:46PM (#13537738)
You don't give up rights just because you start a business.
Re:Welcome, ACLU by danielsju6 on Tuesday January 31, 2017 @11:29PM (#13538245)
When you engage in commerce you're subject to regulation, per the Constitution. Which means giving up (unstated) rights that you otherwise would have as a citizen. Discrimination for example.

Social contract theory ;)

Re:Welcome, ACLU by sixstringtheory on Wednesday February 01, 2017 @03:31AM (#13539283)
It makes sense to me that businesses should be regulated and should not have the same rights as a citizen (Citizens United?)

One thing I wonder, though, is: what if the owner or sole proprietor "quits" their business? Are they still criminally/civilly liable after they've "given up" their additional role? And, if something like that'd actually fly, would they ever be able to return to their [line of] business, or would they have to quit forever?

Re:Welcome, ACLU by emiliobumachar on Wednesday February 01, 2017 @10:06AM (#13541215)
Reminds me of Lavabit, that secure email service whose owner shut down rather than complying with an order to give the government information on a client.
Re:Welcome, ACLU by pcvarmint on Wednesday February 01, 2017 @05:26PM (#13546015)
Only interstate commerce is regulated in the Constitution.
Re:Welcome, ACLU by danielsju6 on Wednesday February 01, 2017 @07:36PM (#13546952)
Not correct.

Article I, Section 8, Clause 3: [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Several high court rulings have concluded that it includes intrastate commerce. It's wide reaching & has historically been the main tool for combating discrimination.

Re:Welcome, ACLU by bobwaycott on Tuesday January 31, 2017 @11:20PM (#13538198)
In some ways, and in some states, you do. You also take on a greater responsibility to the public, to whom you're offering products and services, that you would not shoulder as an individual.
Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @03:09PM (#13534728)
The line between free speech and discrimination was drawn long ago. Would you also have people deny service to Black Americans like we did before the Civil Rights movement?
Re:Welcome, ACLU by 19guid on Tuesday January 31, 2017 @04:56PM (#13535625)
In the context of expressive services like wedding photography, yes. The government should not be allowed to compel protected speech, even when such compulsion would be in the public interest. That's the price we pay for liberty. I don't see how this is any more problematic than allowing the Klu Klux Klan to march against black rights.
Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @05:20PM (#13535854)
Okay, I can understand that viewpoint, it is logical. However, I'd argue that while liberty would be gained, it would come at the expense of there being more hate in the world. I personally don't think I would want to live in a society where people are denied service because of something about themselves that they cannot control.
Re:Welcome, ACLU by beaconstudios on Tuesday January 31, 2017 @05:27PM (#13535917)
forcing interaction doesn't remove that pre-existing hate though (I'd prefer the term prejudice because I know many christians don't hate gays). Forcing a christian bakery or a muslim pizzeria to cater to a gay wedding would just foster resentment at being compelled by the government to perform an action against their will. Freedom of association means that groups that don't want to interact, don't have to. For someone with an egalitarian mindset that might seem abhorrent but some beliefs or characteristics can't necessarily be reconciled.
Re:Welcome, ACLU by npunt on Tuesday January 31, 2017 @05:50PM (#13536146)
It may - or may not - change the prejudice of the individuals providing services. However, the sum of those prejudices (in the absence of laws that say otherwise) normalizes separation & segregation, which creates an environment for hate to grow.

Humans tend to distrust/dislike those we're not close to. Lots of evidence shows associating with people builds empathy. Taken to its extreme, segregation causes us to 'other' people and lose empathy.

Re:Welcome, ACLU by beaconstudios on Tuesday January 31, 2017 @06:01PM (#13536269)
I'm not sure which would be the lesser evil - permitted self-segregation or forced interaction. I also don't see why separation and segregation would cause hate - usually it's groups that are in conflict living in close proximity that causes real problems. See: Apartheid, pre-civil-war America, Israel and Muslims in the Middle East, and so on.

Association certainly breeds empathy, but what if that association is forced by a third party? If I didn't want to interact with a member of group X, and the government decided I had to interact with them or face some arbitrary punishment, initial interactions would be stained by that use of implied force. When you add religion into the mix, tensions are even worse because you might find yourself stuck between blasphemy and judicial punishment.

Re:Welcome, ACLU by npunt on Tuesday January 31, 2017 @06:28PM (#13536471)
> Association certainly breeds empathy, but what if that association is forced by a third party?

Its not like everyone feels 'forced', its only a few people (just like I don't feel forced to drive within lanes or not kill people - these don't register for me). But the impact of their attitudes is potentially much greater.

Lets say there are 3 groups of people - (M)inority group, (P)rejudiced people who have businesses, and (E)veryone else.

In this instance, the forced interaction is only forced on P, which is a small number.

P's actions would have broader impact though. The M's would find themselves less welcome in certain areas, and over time (justifiably) choose to go elsewhere. Less M's mean E's would have less interaction with M's.

P's unchecked actions would also begin to normalize P's behavior, and embolden their stance. Normalization would potentially increase the number of E's becoming P's.

Over a long time, this could create an environment where M's choose to leave entirely, E's simply lose out on the opportunity to interact with M's, and increase the likelihood E's turn in to P's through osmosis of P's normalized behavior, and because of lack of personal experience with M's. The P/E community get segregated from the M community, and whenever there are struggles between those communities (which always happen between communities, e.g. resources, culture, etc), empathy is not there to keep things civil. All due to a few Prejudiced individuals not liking being 'forced' to interact with others during the course of their personal choice to engage in (government regulated) economic activity.

Basically, a few rotten apples spoils the lot.

Re:Welcome, ACLU by makomk on Tuesday January 31, 2017 @07:12PM (#13536817)
Not only that, but if it's legal not to do business with a minority group, then people who aren't themselves prejudiced will come under pressure not to do business with or employ members of the minority group in order to keep the prejudiced people who don't want to associate with those minorities happy.
Re:Welcome, ACLU by beaconstudios on Tuesday January 31, 2017 @06:34PM (#13536517)
if the number of prejudiced people in business is small (and therefore avoidable), why would the minority group choose to leave the environment entirely? After all, we're talking about the prejudiced group simply not wanting to have to associate with the minority group, not necessarily hating them or wishing harm upon them. We all have people who don't like us, often unjustifiably, but we just avoid interacting with those individuals rather than abstaining from interaction with anyone in their community.

In cases where the number of prejudiced is higher and thus the minority group is unlikely to be able to avoid dealing with a prejudiced business owner, it's unlikely that the two groups would have ever gotten along in the first place.

Re:Welcome, ACLU by npunt on Tuesday January 31, 2017 @07:04PM (#13536755)
> if the number of prejudiced people in business is small (and therefore avoidable), why would the minority group choose to leave the environment entirely?

This happens, a lot. Again, per my previous comment, behavior is normalized, potentially creating a hostile environment.

> After all, we're talking about the prejudiced group simply not wanting to have to associate with the minority group, not necessarily hating them or wishing harm upon them.

We don't necessarily know that. The law certainly doesn't know that.

> We all have people who don't like us, often unjustifiably, but we just avoid interacting with those individuals rather than abstaining from interaction with anyone in their community.

It only takes a small number of people or a few bad interactions for one to choose to avoid an entire area.

> In cases where the number of prejudiced is higher and thus the minority group is unlikely to be able to avoid dealing with a prejudiced business owner, it's unlikely that the two groups would have ever gotten along in the first place.

That's an assumption. Again, plenty of evidence to show that people who don't associate have prejudices that can be extinguished through repeat exposure.

I can see that these all seem small issues in the individual instance, but the thrust of my argument is their cumulative effect has broader implications.

At the risk of seeming too personal (and I mean this sincerely and not in a mean way), it honestly doesn't sound like you've been in an environment where you've felt unwelcome in this way, or spoken to someone who's felt that way about their experiences in certain areas.

Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @05:47PM (#13536110)
Depending on how the interaction plays out, there is a chance that prejudice would be reduced due to contact hypothesis, but it seems unlikely that the criteria would be met for most services. For some services like wedding photography, however, it seems likely that the criteria would be met and prejudice might be reduced.
Re:Welcome, ACLU by beaconstudios on Tuesday January 31, 2017 @05:50PM (#13536145)
I wouldn't think the contact hypothesis would play out quite so nicely under duress from the government. People naturally hate being forced into situations they're uncomfortable in, and I could very easily see that frustration being projected onto the individual/s that the person is prejudiced against.
Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @06:16PM (#13536385)
That's true. It's hard to say. I do know that it was thought that forcing schools to not be segregated would cause the contact hypothesis to come into play and reduce prejudice in children. It was a part of Brown vs. Board of Education. That seems to have worked too, but that was for children. They may not have had much prejudice to begin with.
Re:Welcome, ACLU by pshposh on Tuesday January 31, 2017 @10:18PM (#13537904)
When you talk about a Christian bakery forced to cater a gay wedding are you referring to a specific incident? Has that happened?
Re:Welcome, ACLU by nkurz on Tuesday January 31, 2017 @11:50PM (#13538348)
I think most people are referring to a specific case in Ireland. The bakery was refused to provide a cake with a slogan "Support Gay Marriage", citing religious objections to the practice. The bakery lost the case, and the appeal: http://www.bbc.com/news/uk-northern-ireland-37748681.
Re:Welcome, ACLU by beaconstudios on Wednesday February 01, 2017 @11:42AM (#13542235)
it's actually happened quite a few times in the USA as well. If you search "USA christian bakery" there's at least 3 or 4 separate cases of bakeries that have been sued on the front page alone.

[edit] by search, I mean on Google rather than HN

Re:Welcome, ACLU by TheOsiris on Tuesday January 31, 2017 @05:08PM (#13535744)
Should a Jewish restaurant be compelled to serve neo-nazis wearing Nazi uniforms?
Re:Welcome, ACLU by efdee on Wednesday February 01, 2017 @05:03AM (#13539583)
Assuming the neo-nazis are there just to eat and not to stir up a fight, I would say yes. But I'm not sure it's legal to walk around in Nazi uniforms.
Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @05:52PM (#13536163)
Probably not. That's a very different situation. Neo-nazis make a choice to be neo-nazis.
Re:Welcome, ACLU by jbmorgado on Tuesday January 31, 2017 @07:56PM (#13537088)
So, according to your argument, it should be ok to denny someone service based on their religion as well.
Re:Welcome, ACLU by Miner49er on Wednesday February 01, 2017 @09:41AM (#13541024)
Yeah I suppose. Religion is often not really chosen, but kind of forced onto a person early in life. I suppose the same is likely true for neo Nazis though.
Re:Welcome, ACLU by pshposh on Tuesday January 31, 2017 @11:12PM (#13538171)
Do you think that would be okay? Are you asking a question?
Re:Welcome, ACLU by humanrebar on Tuesday January 31, 2017 @10:40PM (#13538026)
People don't pick whether God exists.
Re:Welcome, ACLU by mwfunk on Wednesday February 01, 2017 @12:38AM (#13538557)
Of course they do. It's impossible to know whether or not God exists based on physical evidence; that's why religion is based on faith and not scientific research. People choose their religious beliefs, or (much more commonly) have them chosen for them. That's faith.
Re:Welcome, ACLU by humanrebar on Wednesday February 01, 2017 @09:06AM (#13540753)
You make your best guess about whether God exists. You don't choose if it's true.

Also, faith means "trust", not "irrational opinion".

Re:Welcome, ACLU by maze-le on Wednesday February 01, 2017 @09:53AM (#13541131)
> faith means "trust", not "irrational opinion".

Not quite, faith means "trust" in an "irrational opinion". Howerver, everyone should have the right to trust whatever opinion rational or irrational.

Re:Welcome, ACLU by humanrebar on Wednesday February 01, 2017 @10:46AM (#13541548)
If you want to be precise, it means "trust in a person" in the original Greek. As in, the New England Patriots have faith in Bill Belichick.

That sort of faith can absolutely be rational.

Re:Welcome, ACLU by camel_Snake on Wednesday February 01, 2017 @03:03AM (#13539171)
Exactly why you can't discriminate based upon religion.
Re:Welcome, ACLU by shard on Thursday February 02, 2017 @01:00AM (#13548461)
Of course people do. That's why there are many religions with many different gods.
Re:Welcome, ACLU by pshposh on Tuesday January 31, 2017 @11:10PM (#13538164)
Sure they do; it's all in their head.
Re:Welcome, ACLU by ScottBurson on Wednesday February 01, 2017 @12:10PM (#13542532)
Yes, I think they should, if they could somehow be confident that their guests would dine in peace and not make trouble. The fact that such confidence could be hard to come by shows that this situation is not really analogous to the wedding photographer situation. You'd have to flip it around to get a better analogy: should a neo-Nazi restaurant be compelled to serve Jews? Clearly yes.
Re:Welcome, ACLU by eli_gottlieb on Tuesday January 31, 2017 @11:57PM (#13538382)
Compelled? Well, are there police present to stop the Nazis assaulting the Jews?
[dead]
Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @04:56PM (#13535631)
Okay, so would you then be okay with a bakery not providing service to a wedding between two people of a certain race, because of their race?
Re:Welcome, ACLU by TheOsiris on Tuesday January 31, 2017 @05:57PM (#13536224)
What, exactly, is the problem with that? Everyone should have the right to refuse service to whomever they please. Should I be forced to cater to a nazi wedding? I think I should be allowed to deny service to whomever I please. And if people don't like it (as in the case of denying service to certain races) then they should stop going to that business.
Re:Welcome, ACLU by hackuser on Tuesday January 31, 2017 @09:30PM (#13537664)
> What, exactly, is the problem with that? Everyone should have the right to refuse service to whomever they please.

I encourage you to look up the history of segregation in the U.S. That approach works out very badly.

Re:Welcome, ACLU by TheOsiris on Tuesday January 31, 2017 @11:18PM (#13538189)
I guess the reason I think we no longer be that is the fact that this is a very different country from back then. after all, we have twitter! /s.

but I see your point and concede that it can be a dangerous slippery slope.

Re:Welcome, ACLU by hackuser on Tuesday January 31, 2017 @11:29PM (#13538242)
> this is a very different country from back then

Very different, but still a long way to go. I remember reading that in ~1959 (this is from memory, so all details are a bit hazy) 95% of Americans opposed legalizing interracial marriage; now of course a similar number support its legality - it's a non-issue. Look at the boom in the black middle class (it's amazing what people do when you give them a chance). Look at LGBTQ rights and the incredible advance of women in society.

On the other hand, look at who won the November election, offering the most brazen racially and religiously prejudiced, hateful messages of any major party candidate, possibly ever, and openly partnering with the most powerful agent of white supremacy in the U.S. (Bannon). Look at how minorities are treated by law enforcement in many places. Look at the overwhelming prevalence of white-skinned people (and men) in movies, IT (name the top 10 industry leaders in the last 25 years), national and state government, Fortune 500 CEOs, etc etc.

Re:Welcome, ACLU by empath75 on Tuesday January 31, 2017 @10:29PM (#13537970)
I suspect this person would not agree with that.
Re:Welcome, ACLU by TheOsiris on Tuesday January 31, 2017 @11:15PM (#13538178)
I'm a racial and religious minority who's in an interracial relationship. so, as you've already guessed, I long for the Jim Crow days of yore.
Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @06:08PM (#13536326)
No you shouldn't be forced to cater to a Nazi wedding in my opinion. A person chooses to be a Nazi, but a person doesn't choose their race. It's unfair and dangerous to treat people differently for something about themselves that they can't control.
Re:Welcome, ACLU by kansface on Tuesday January 31, 2017 @06:42PM (#13536570)
| It's unfair and dangerous to treat people differently for something about themselves that they can't control.

It is not fair one way or the other. You have also put yourself in the unenviable position of determining what can and can not be controlled by an individual - this will not end well.

Re:Welcome, ACLU by Miner49er on Tuesday January 31, 2017 @06:56PM (#13536676)
We kind of already do that with the Civil Rights act of 1964, and it has seemed to work okay.
Re:Welcome, ACLU by kansface on Tuesday January 31, 2017 @07:50PM (#13537058)
Indeed, The Civil Rights Act kinda does -

| ...equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

IE, a specific group of people in specific set of places. That does not include discrimination against "things people can't control" in any and all establishments.

Re:Welcome, ACLU by chc on Tuesday January 31, 2017 @06:35PM (#13536525)
This is cognate to the "Black people can get married, just not to members of a different race" argument, which has long been recognized as specious.
Re:Welcome, ACLU by jhomedall on Tuesday January 31, 2017 @11:56PM (#13538378)
For anyone more interested in this, the most relevant cases are "Pace v. Alabama" (https://en.wikipedia.org/wiki/Pace_v._Alabama), and "Loving v. Virginia" (https://en.wikipedia.org/wiki/Loving_v._Virginia).
Re:Welcome, ACLU by ceejayoz on Tuesday January 31, 2017 @06:26PM (#13536457)
> They just cannot order a cake for a gay wedding -- nor can any straight customer.

That's like saying you didn't steal my money, you've just enforced a rule that I can only spend my money on you.

Re:Welcome, ACLU by sidlls on Wednesday February 01, 2017 @08:44AM (#13540616)
Please consider the correct context: these are entities selling services as a business, not individuals expressing a personal opinion. They want the various protections and benefits law provides to businesses (yes, even Single Proprietor/Partnerships) in some circumstances but to be treated like they're just ordinary citizens in others.
Re:Welcome, ACLU by rayiner on Wednesday February 01, 2017 @09:56AM (#13541148)
The issue isn't just limited to LGBT folks. The Civil Rights Act makes it illegal for businesses to refuse service to customers on the basis of race, religion, etc. For any business that offers a creative service, that's arguably a First Amendment violation. Usually, that is justified on the basis that commercial speech as lower First Amendment protections than other kinds of speech.
Re:Welcome, ACLU by amckenna on Tuesday January 31, 2017 @03:13PM (#13534761)
I searched around to see if I could find any writeup about the ACLU defending the NAACP and KKK at the same time. I found a similar example to the one you described from the mid 90's - http://www.nytimes.com/1993/09/10/news/a-klansman-s-black-la...
Re:Welcome, ACLU by cperciva on Tuesday January 31, 2017 @05:15PM (#13535809)
An even more impressive demonstration of their principles: In the 1970s the ACLU supported the National Socialist Party of America in their fight to be allowed to display swastikas while marching through the predominantly-Jewish village of Skokie.

Incidentally, the lawyers representing the National Socialist Party and the ACLU were both Jewish.

Re:Welcome, ACLU by SomewhatLikely on Tuesday January 31, 2017 @06:29PM (#13536477)
Not sure what happened, but it looks like the attorney was recently disbarred for "professional misconduct". http://www.txcourts.gov/media/825977/149249.pdf
Re:Welcome, ACLU by shawn-butler on Tuesday January 31, 2017 @11:21PM (#13538208)
The ACLU used to be an entirely admirable organization. It has devolved into mostly political advocacy and attention-seeking, but still does some good work. Not black/white, every institution has its own history. But YC is entirely diluting their brand wading into this mess.

The A.C.L.U. has has about 250,000+ members, a $15-20 million annual budget (hardly a startup mentality), an extensive network of state affiliates and local chapters, backed up by a national office with headquarters in New York, a legislative office in Washington and regional offices in Atlanta and Denver.

There are fifty-one affiliates - every state except North Dakota, South Dakota, Wyoming and Idaho, plus 3 in California, and one in D.C. (not sure about state offices anymore, I think that is correct), - have their own staffs and their own boards, plus at least one representative on the national board, which sets policy for the whole organization.

The state affiliates do make independent decisions about which cases to take and which local legislation to lobby for or against. They frequently take cases in areas where the national organization has not yet adopted a policy. But they also get smacked down when they run afoul of national board.

It is the national board sets a "policy" agenda and then seeks out cases to pursue that agenda. That board meets for a weekend four times a year to iron out the policy.

That natl/local split accounts for some of the diversity, but in truth it is mostly partisan organization based on board membership.

Re:Welcome, ACLU by pcvarmint on Wednesday February 01, 2017 @06:05PM (#13546340)
In Worst Instincts [1] [2], Wendy Kaminer documents this.

I lately have found the Rutherford Institute [3] to be a much better protector of individual rights than the ACLU. [4]

[1] https://www.amazon.com/Worst-Instincts-Cowardice-Conformity-...

[2] http://beta.wendykaminer.com/ACLU.aspx

[3] http://rutherford.org/

[4] http://www.npr.org/2013/06/02/188125996/john-whitehead-on-pr...

Re:Welcome, ACLU by hackuser on Tuesday January 31, 2017 @09:24PM (#13537637)
> While they're being politicized right now ...

That's long been true, though I'm sure sometimes more than others. I agree with what you say, but AFAIK they always have been associated with the left.

Re:Welcome, ACLU by matthewbauer on Tuesday January 31, 2017 @09:36PM (#13537687)
True, they are more left-wing than right-wing. At the same time, they support Citizens United which is usually considered conservative. So it's not so clear cut.
Re:Welcome, ACLU by krenoten on Tuesday January 31, 2017 @09:53PM (#13537772)
to the extent that the left is associated with the maintenance of our rights
Re:Welcome, ACLU by EternalData on Tuesday January 31, 2017 @04:52PM (#13535594)
Skokie, IL. The epitome of a principled defense of civil rights.
[dead]
Re:Welcome, ACLU by dwaxe on Tuesday January 31, 2017 @04:58PM (#13535652)
Re:Welcome, ACLU by User23 on Tuesday January 31, 2017 @05:30PM (#13535949)
These pages are both grossly biased and intellectually dishonest. While I wouldn't go so far as to say it's impossible to impute motive from action, it's irresponsible to call defending borders racist when there are other reasonable and less incendiary explanations.

I've historically supported the ACLU's mission, but right now they are showboating for donations and that plan is working out great for them which means we can expect them to double down on the strategy. It's no secret that a significant portion of political activism and fund-raising is just skinning suckers. The right ran the same scam on its constituents during the Obama years.

Re:Welcome, ACLU by uabstraction on Tuesday January 31, 2017 @09:36PM (#13537682)
"it's irresponsible to call defending borders racist when there are other reasonable and less incendiary explanations."

I haven't heard one single reasonable explanation for why the US taxpayers should put $15 BILLION (before budget overflows and deadline pushbacks) into this wall. Until it is remotely justifiable, a knee-jerk monument to collective racism and xenophobia is ALL it is.

Starting a trade war with Mexico so we can say they paid for it though creative accounting will hurt our economy and cost the working class much more than a simple crackdown on employers exploiting illegal immigrants.

Re:Welcome, ACLU by wernercd on Tuesday January 31, 2017 @11:30PM (#13538248)
Considering you can find Bill Clinton, Hillary Clinton, Obama and various other Democrats calling for secure borders and barriers of various sorts throughout the years...

It wasn't racism and xenophobic when it was called for then... Bill got a standing ovation from both sides when he made his speech...

What's changed about wanting those things?

Re:Welcome, ACLU by camel_Snake on Wednesday February 01, 2017 @03:13AM (#13539203)
100% my opinion here, but based on what I've read and heard so far a physical wall is a terrible way to actually prevent illegal immigration. Most illegal immigrants arrive legally but just remain illegally.

But you know what a big wall is? A symbol. It's my opinion that the purpose of the wall is not to actually 'secure our borders' but to act as a symbol that those to the south are not as welcome as before.

Re:Welcome, ACLU by mistermann on Tuesday January 31, 2017 @11:32PM (#13538262)
Leaving the $15 BILLION aside for now, are you able to see any reason for having a wall at all?
Re:Welcome, ACLU by TheOsiris on Tuesday January 31, 2017 @06:27PM (#13536464)
that justification is very weak re the border wall. we can argue that it is a dumb way to do things. but if that was the case then everything the gov does needs an ACLU lawsuit.

the constitution does not guarantee open-borders and the entire immigration system is there to act as a virtual wall in the first place. So I fail to understand the ACLU's position on the wall. It definitely has nothing to do with constitutional issues

Re:Welcome, ACLU by lol214365 on Tuesday January 31, 2017 @05:51PM (#13536158)
Both articles just say "unconstitutional" and say "racist" a bunch of times without citing statute or case law. Sorry if I don't find such arguments compelling.
Re:Welcome, ACLU by wfo on Tuesday January 31, 2017 @05:45PM (#13536092)
Green card holding permanent residents of the US who were denied entry without due process are having their civil liberties violated. Everyone who was detained by CBP explicitly in illegal violation of the order of a federal judge had their civil liberties violated. Those parts of the order were rescinded because it was obviously illegal, but their rights were still denied.

That's the easiest, inarguable example.

Re:Welcome, ACLU by lol214365 on Tuesday January 31, 2017 @06:13PM (#13536353)
What procedural guarantees are permanent residents guaranteed under US law, that these people were not granted when they were denied entry, ie. what is 'due process' in the context of entry for permanent residents?
Re:Welcome, ACLU by miracle2k on Tuesday January 31, 2017 @09:42PM (#13537718)
That question matters if you want to gauge the chances for a successful appeal in court.

Whether completely upending the lives of longterm residents without any prior warning is something that should be allowed to happen in a country is at least in part a moral question, and surely the ACLU is well within it's rights to answer that in the negative; nor, I dare say, would that answer seem very foreign to the average decent person.

Re:Welcome, ACLU by Pigo on Tuesday January 31, 2017 @01:25PM (#13533530)
I would really like to see if a moral position like that could still stand tall. I'd be surprised if they could defend Milo Yiannopoulos's Twitter account without massive protests and everyone losing their job.
Re:Welcome, ACLU by CPLX on Tuesday January 31, 2017 @01:44PM (#13533777)
There are literally zero constitutional issues raised by the nature of his relationship with Twitter.
Re:Welcome, ACLU by dwaxe on Tuesday January 31, 2017 @04:56PM (#13535628)
How do people still not get this? The First Amendment is a limitation on the government of the United States. Period. It does not apply to other countries. It does not apply to private entities within the United States. It does not apply to Facebook, Twitter, Reddit or any other social media.
Re:Welcome, ACLU by wutbrodo on Tuesday January 31, 2017 @08:52PM (#13537461)
> How do people still not get this? The First Amendment is a limitation on the government of the United States. Period. It does not apply to other countries. It does not apply to private entities within the United States. It does not apply to Facebook, Twitter, Reddit or any other social media.

To be fair, most of the time I hear your complaint, the people complaining about the loss of free speech has nothing to do with the Constitution (though that isn't the case in this instance, of course). It's possible to oppose certain speech restrictions as damaging to a community you care about and to be upset when those restrictions arise. Not for constitutional reasons, but for reasons having to do with the health and ethical grounding of a community.

Though this is just my sample: It's of course possible that we are exposed to very different circles and that you're more often exposed to "Reddit can't ban this subreddit! It's unconstitutional!". If so, I'm sorry, that must blow

Re:Welcome, ACLU by base698 on Tuesday January 31, 2017 @10:21PM (#13537929)
Maybe it shouldn't be:

"... a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself."

--John Stuart Mill

Re:Welcome, ACLU by phil21 on Wednesday February 01, 2017 @12:39AM (#13538561)
Pretty much exactly this. If you don't have a practical right to exercise free speech, you effectively have lost the right in it's entirety.
Re:Welcome, ACLU by lol214365 on Tuesday January 31, 2017 @04:55PM (#13535624)
There are no constitutional issues raised by the border wall, and yet the ACLU is opposed to that.
Re:Welcome, ACLU by cowsandmilk on Wednesday February 01, 2017 @08:34AM (#13540561)
The parts of the border wall built by President Bush seized property from private citizens. Infamously, there is now a golf course in Texas that is now on the wrong side of the border. So, you have to subject yourself to search by CBP in order to go play golf despite not leaving your country.

Bush tackled the easiest parts of the wall. Expanding will only present more seizing of property from citizens and subjecting citizens to search and seizure solely due to their proximity to the border, despite them having no desire to cross the border. Whether being searched for wanting to play golf is unreasonable is a constitutional issue.