Please help me understand this "logic"

**SnteevveetnS** · 06-04-11, 09:20 PM

A small mom and pop photography studio refuses to take a contract to photograph a homosexual wedding. The ACLU gets involved for "discrimination" and the photography studio had to pay big fines.
What about the 1st Amendment and the freedom of religion? Doesn't the ACLU see by suing, they are saying you DO NOT have a right to freedom of religion??
Am I missing something?

**HudsonHawk** · 06-04-11, 09:58 PM

Originally Posted by SnteevveetnS

A small mom and pop photography studio refuses to take a contract to photograph a homosexual wedding. The ACLU gets involved for "discrimination" and the photography studio had to pay big fines.
What about the 1st Amendment and the freedom of religion? Doesn't the ACLU see by suing, they are saying you DO NOT have a right to freedom of religion??
Am I missing something?

Is this the case that you're referring to?

Court decision: http://www.law.georgetown.edu/moralv...graphycase.pdf

Appeal: http://oldsite.alliancedefensefund.o...hotoAppeal.pdf

A straight photographer refused to photograph a gay wedding. The photographer was accused of discrimination based on sexual orientation. The photographer lost a civil suit and was ordered to pay $6637.94 in restitution for the complainant's legal fees.

**MacLean** · 06-04-11, 11:54 PM

That's a wee bit odd.

Not a fan of discrimination, but any business can refuse service to anyone.

**jmur5074** · 06-05-11, 12:21 AM

Originally Posted by MacLean

That's a wee bit odd.

Not a fan of discrimination, but any business can refuse service to anyone.

I agree. That's ridiculous.

**BigDawg** · 06-05-11, 11:27 AM

So a business cant refuse its service to anyone??

**Twan007** · 06-05-11, 02:59 PM

Originally Posted by MacLean

That's a wee bit odd.

Not a fan of discrimination, but any business can refuse service to anyone.

for any reason...

(except maybe disabilities - which is definitely something this business shouldn't have a problem with)

**Bob Loblaw** · 06-05-11, 06:15 PM

Originally Posted by MacLean

Not a fan of discrimination, but any business can refuse service to anyone.

would a business be allowed to refuse their services to a black person on the basis that they're black and they don't care for black folks?

**SnteevveetnS** · 06-06-11, 12:37 AM

I'm still missing how one can be forced to violate their religion just because they own a business and the photographer would not take the job...

It seems in today's times, if somebody didn't take a job because of XYZ and the person asking for the service didn't like it, there are other ways to handle it. Poor ratings online, poor word of mouth, etc.

**SnteevveetnS** · 06-06-11, 01:15 AM

I'm a bit confused still... so as a business, I do not have the right to refuse service?
If I ever open a business and have somebody ask for services whom I do not agree with because of my religious views, I will ask $2,000,000 for it. If they accept; hire a subcontractor to do the work and never publish the work...
~sigh~ Why are the people screaming for acceptance of others do not do what they ask?!

**MacLean** · 06-06-11, 02:20 AM

Originally Posted by Bob Loblaw

would a business be allowed to refuse their services to a black person on the basis that they're black and they don't care for black folks?

Given the court decision, I'm not sure I can answer Bob.

**121Traffic** · 06-06-11, 02:48 AM

I'm not sure, but doesn't sexual orientation fall under the same protected class as race, age, ethnicity, etc. All that other stuff you can't discriminate against?

I'm not sure I agree with it, but I think if it is a protected class, the grounds for the suit is there IF they can prove why they wouldn't perform the work. If it were me and I didn't want to take their pictures, I would tell them to pound sand, and I don't have to give them a reason why.

**Bob Loblaw** · 06-06-11, 10:15 AM

Originally Posted by 121Traffic

I'm not sure, but doesn't sexual orientation fall under the same protected class as race, age, ethnicity, etc. All that other stuff you can't discriminate against?

that's what I was thinking. not entirely certain, though, and too lazy to look it up

**keith720** · 06-06-11, 10:49 AM

I think that the business screwed-up for refusing service for a specific reason. If they had told the guy, "I don't like you, you're an asshat." they may have been all right. Saying "I won't do it because you're gay." opened them up to discrimination. That being said, the ACLU is nothing but a bunch of litigious whiners looking for an excuse to screw with people and take away the rights of anyone that doesn't agree with their political agenda.

**keith720** · 06-06-11, 10:51 AM

Sexual orientation does fall under the same category as race, religion and age as far as discrimination.

**Dustoff262** · 06-06-11, 10:55 AM

Originally Posted by keith720

I think that the business screwed-up for refusing service for a specific reason. If they had told the guy, "I don't like you, you're an asshat." they may have been all right. Saying "I won't do it because you're gay." opened them up to discrimination. That being said, the ACLU is nothing but a bunch of litigious whiners looking for an excuse to screw with people and take away the rights of anyone that doesn't agree with their political agenda.

Exactly what I was thinking. How was the refusal made? I dont do gay weddings? It conflicts with my religious grounds to support gays? or, Im sorry Im booked for that weekend, but here is another photographer who might be available? A little finesse could have saved him a lawsuit.

If he took a shot across their bow and stated something discriminatory and offensive to the customer, then Im not sympathetic, pay up.

**Motorwaycop** · 06-06-11, 11:52 AM

Similar thing here earlier this year.

Gay couple awarded damages after Christian hotel owners refused to let them share double room - Telegraph

it seems that in order not to fall foul of discrimination laws you have to be a little less honest with the people you deal with.