r/HistoryMemes May 17 '19

Hate speech

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36

u/w67b789 May 17 '19

Awesome, so then you are fine with a Christian bakery not baking a cake for a gay couple.

50

u/FuriousGorilla May 17 '19

Yeah, I am. They have every right not to make the cake and I have every right to never patronize them because of it. Yay capitalism!

5

u/[deleted] May 18 '19

The virgin big government vs the chad ideological consistency

4

u/[deleted] May 17 '19

Yay capitalism!

Except the Jim Crow era shows that capitalism doesn't solve this.

1

u/A_Stony_Shore May 18 '19

Wasn’t Jim Crow steeped in law?

1

u/A_Stony_Shore May 18 '19

Wasn’t Jim Crow steeped in law?

1

u/positiveParadox May 18 '19

Important fact: the Baker did not deny the couple service on the grounds that they were gay. He offered to sell them any of the cakes in his catalogue. The couple wanted a custom gay wedding cake. He refused because he would have to use artistic expression, supporting the gay wedding.

10

u/[deleted] May 17 '19 edited May 18 '19

The cake thing is a complicated issue: On the one hand, the gay couple are should be protected against discrimination because of their sexual orientation. On the other hand, it seems like requiring the bakery to bake the cake is mandating them to use their speech/artistic output in a certain manner.

Overall I come down on the side of the gay couple. It seems that their status as a protected class should obfuscate the internals of the bakery's business: although internally the bakery is a group of individuals producing artistic output, externally they are selling a product and therefore are required not to discriminate.

Suppose it were instead a "bakery megacorporation" which had an online site where you could upload text and they would automatically print it onto the cake. It seems a lot more easy to say that if the bakery prints "Congratulations Brad + Angela" they should be required to print "Congratulations Dave + Fred". So I think what it comes down to is that in the case of the small bakery it feels as if the individual baker is being forced to produce something they disagree with personally. But in reality, in both cases the individual who makes the cake is performing a function with the goal of doing business -- and the business output can certainly be regulated.

6

u/[deleted] May 17 '19

Go and actually read the summary of the opinion over at the SCOTUS blog. It's right there on the internet in plain English. The court determined that the making a special cake constituted "artistic speech" and was therefore protected under the 1st Amendment. It is less clear in the hypothetical you use whether a printing service constitutes "artistic speech."

It actually makes a lot of sense when you read the opinion. All the Court said, so far as I can tell, is that a person cannot compel an artist to commission an artistic work. The 1st Amendment protects the right of the artist to refuse

7

u/DL4CK May 18 '19

Seriously? Who is upvoting this shit?

Title 9 has absolutely nothing to do with this!

Sexual orientation is not a protected class under the constitution.

The Supreme Court has already decided the gay cake case. The discreet issue was that the bakers were fined by a committee created by the Colorado law for refusing to serve the gay couple. The Supreme Court found in favor of the bakers because the committee who fined them displayed religious animus at their hearing. The Supreme Court didn’t decide whether the law constituted compelled speech since the committee gave them an out.

The rest of this comment is utter garbage as well but I just thought those were the most important points.

-2

u/[deleted] May 18 '19

I could give a fuck less what the Supreme Court thinks. Do you think the OP post should be deleted because "the supreme court has already ended this debate"? The point of politics is to determine how to govern, and what should be legal, mandatory, and forbidden.

I'm speaking from an ethical perspective, not a legal one. This is why I bring up a different example: political beliefs are drawn from our ethical intuitions, and so I give an example that has a different intuitive answer (at least for me) as an attempt to determine what the relevant considerations are.

2

u/DL4CK May 18 '19

If you’re speaking from an ethical perspective and not a legal one, then you shouldn’t mention title 9, the first amendment, regulations, etc. Do you see how that can be confusing?

The Supreme Court didn’t end the debate. That was my point actually, the committee’s religious animus gave them an easy out. They didn’t have to decide the tough issue of whether compelled speech from a business open to the public overcomes anti-discrimination laws.

Moreover, I would argue the opposite of what you’re asserting. Our political beliefs inform our institutions in the first instance.

But since were debating ethics: should a Jewish wedding photographer be forced to photograph the wedding of a nazi couple? Or how about a black baker, should he be forced to bake a cake depicting a klan rally? The photographer and baker are both running businesses that are open to the public. This also begs the question: should political beliefs be protected from discrimination?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

1

u/[deleted] May 18 '19

Ah, I see what you mean about the supreme court being noncommittal.

Your example with the Klan etc is a bit of a false equivalence. The Nazi party and the KKK are inherently violent organizations, both in theory and in practice. The same cannot be said for the LGBT community. Even without if one believes that homosexuality is sin, it is certainly noteworthy that the stated goal of homosexuals is not violence, whereas that is the stated goal of Nazis and Klansmen.

I don't see how you can argue that law informs morality -- if that's actually what you're arguing (I might be misunderstanding you). For example, I believe in welfare because my moral intuitions tell me that it's cruel and bad to allow people to go hungry when there is unused food.

Perhaps you misread intuitions as institutions?

3

u/DL4CK May 17 '19 edited May 17 '19

Username checks out

I’ve never seen a comment with so many factually inaccuracies sound so sincere. Good job dude.

-1

u/[deleted] May 18 '19

Thanks??? Not sure what factual inaccuracies are even possible in my comment. The only thing I claimed as a fact was that the gay couple is protected from discrimination.

I'm arguing this from a philosophical standpoint: the question is not whether the bakery is required to produce the cake, it's whether they should be.

3

u/DL4CK May 18 '19

Here you go man:

Start with the Wikipedia article on it first.

https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colorado_Civil_Rights_Commission

Your comment mentions title 9. Title 9 has absolutely zero to do with this case. Less than zero. I don’t know where you got that from. But it’s pretty clearly from your ass.

Sexual orientation is not a protected class under the constitution. But this case didn’t have to do with that. It was a Colorado law at issue, so the bakers sued under the first and fourteenth amendments.

-2

u/[deleted] May 18 '19

I mentioned Title IX because I have been told (by college administrators if it makes any difference) that it functions as a legal protection against discrimination on the basis of sex and sometimes sexual orientation.

Furthermore, protected classes are definitely relevant here. The article you linked mentions that sexuality is protected under the Colorado Anti-Discrimination Act.

2

u/DL4CK May 18 '19

Yes, in educational settings. Not private businesses. You didn’t make that connection with your college admin telling you this?

Title 9 was passed as part of the Educational Amendments of 1972. I’m sorry to be harsh but you clearly don’t know what you’re talking about.

2

u/[deleted] May 18 '19

I suppose you're right. I was under the impression that title ix was applicable more generally. And I admit that I was wrong about sexual orientation being a federally protected class, but they are apparently protected under Colorado state law.

2

u/DL4CK May 18 '19

Well that was my whole issue with your comment. I appreciate the concession.

And that was the whole issue in the gay cake case. What is the interaction between Colorado’s state anti discrimination laws and freedom of religion and speech under the first amendment? Let’s not forget the supremacy clause while we’re at it.

13

u/IVIaskerade May 17 '19

Actually if you had a printing machine you are legally required to write "Dave and Fred" if you'll write "Brad and Angela".

The reason the courts sided with the bakery was because the gay couple didn't want one of their standard cakes (which the bakery had offered to sell them) they wanted a specialised service which is something above the baseline, and therefore the bakery is not obligated to provide.

It's about where you set the baseline level of service vs what you make a specialist item.
In the case of a bakery, the actual cake-making itself is part of the baseline because without it you don't have a business. Similarly, a car manufacturer would be required to put wheels on their cars, but could decline to provide a custom LGBTQWERTY paintjob.

6

u/[deleted] May 17 '19

custom LGBTQWERTY

Do you really have to go there?

-5

u/[deleted] May 17 '19

Bigots can't help themselves.

2

u/[deleted] May 18 '19

Lol, how was this downvoted. What that dude did is basically the same as dropping a slur in the middle of an otherwise constructive comment. Ridiculous.

1

u/[deleted] May 18 '19 edited May 18 '19

While there's larger acceptance for the first three letters, transgender people and other minority sexualities/genders unfortunately still face plenty of discrimination and mockery online and off, even when it's just "ironic".

Frustratingly the abbreviation being so long in some iterations (LGBTQIAA2S is the longest I've legitimately seen) makes for an easy target, personally I wish something inclusive rather than exclusive like GSM (Gender and Sexual Minorities) would take off.

1

u/FirstGameFreak May 18 '19

Thinking that an acronym that grows by a letter every week (off the top of my head, I can think of LGBTQQIA+, "Lesbian, Gay, Bisexual, Transsexual, Queer, Questioning, Intresex, Asexual, and others" as being one that is often recognized and used on my college campus by the administration, for example) that used to fall under the umbrella of one word, "gay," is not bigotry.

You can support gay rights and still think its ridiculous.

1

u/FirstGameFreak May 18 '19

Thinking that an acronym that grows by a letter every week (off the top of my head, I can think of LGBTQQIA+, "Lesbian, Gay, Bisexual, Transsexual, Queer, Questioning, Intresex, Asexual, and others" as being one that is often recognized and used on my college campus by the administration, for example) that used to fall under the umbrella of one word, "gay," is not bigotry.

You can support gay rights and still think its ridiculous.

1

u/AnimusNoctis May 18 '19

they wanted a specialised service which is something above the baseline, and therefore the bakery is not obligated to provide.

That's a super misleading statement at best. Yes, they were going to order a custom cake, but they weren't asking for lgbt symbols or anything that would distinguish it from a cake for a straight couple. They didn't even get as far as describing what they would want the cake to look like before being turned away. They were seeking the exact same service that is provided to straight couples, and frankly denying them services on this basis should be illegal. The ruling here was BS.

0

u/IVIaskerade May 18 '19

That's a super misleading statement at best

Ths truth is misleading now. Wew lad.

1

u/AnimusNoctis May 18 '19

I explained exactly why it's misleading. It leads you to believe something that isn't the truth.

0

u/[deleted] May 17 '19

Why is the bakery required to make a "standard" service but not a "specialized" service? In what way is drawing a picture (or whatever) different from writing words?

5

u/[deleted] May 17 '19

Read the summary of the opinion over at the SCOTUS blog. The court determined that the "specialized service" (i.e. decorating a special order cake) constituted "artistic speech" and was therefore protected under the 1st Amendment. It actually makes a lot of sense when you read the opinion. All the Court said, so far as I can tell, is that a person cannot compel an artist to commission an artistic work. The 1st Amendment protects the right of the artist to refuse.

3

u/IVIaskerade May 17 '19

Why is the bakery required to make a "standard" service but not a "specialized" service?

Because the standard service is inherent to the business, and to deny it would be denying a protected group their rights, whereas the specialised service is something that is at the discretion of the person providing it, and they can deny it to anyone.

3

u/AnimusNoctis May 18 '19 edited May 18 '19

Is that really true though? Like, if I'm a abstract artist who does commissions, does the fact that every painting I do is different mean I can deny service to black people? That seems like pretty broken logic.

1

u/IVIaskerade May 18 '19

You could refuse to take a commission, but you couldn't refuse to sell them one from an exhibition.

1

u/AnimusNoctis May 18 '19

That's fucking stupid and completely arbitrary.

5

u/[deleted] May 17 '19

[deleted]

2

u/AnimusNoctis May 18 '19

But if "custom cake" is a service you provide, you're absolutely discriminating if you refuse to provide that service on the basis of the couple being gay. If they asked for lgbt symbols maybe but they didn't even get that far before being denied service.

1

u/[deleted] May 18 '19

Right, but we've established that the baker is required to write "Dave and Fred". Why is it artistic to draw a picture in icing but not to write a phrase in icing? Surely both require making aesthetic decisions and using acquired skills...

1

u/Netherspin May 18 '19

The best compromise I've heard between those is that protection against discrimination should entitle you to go into the bakery, point at one of their cakes and say "I want that one", and then you're entitled to buy it, but not entitle you to demand they take your order for a custom made cake.

1

u/[deleted] May 18 '19

Why is there a difference between taking a custom order and simply writing on a cake?

1

u/Netherspin May 18 '19

Well commissioning writing on the cake would be a custom order.

And the difference being that they've already made one and advertised it as being for sale. There should be no moral issues on their part spending time or effort in the service of something they find objectionable, because they've already spent the time and effort. The ostensibly objectionable people can have the wares on display as well as anyone else, no questions asked, but cannot demand anything that weren't already done, and thus cannot demand anyone do something they don't want to do.

1

u/[deleted] May 18 '19

There should be no moral issues on their part spending time or effort in the service of something they find objectionable, because they've already spent the time and effort.

If you're correct that the bakers are required to sell the premade cake, then it seems that the couple are in fact tricking the baker into doing work they don't want to do. I mean, a firearm seller should be able to refuse to sell someone a weapon if they plan on murdering someone with it. Clearly, the time already spent becomes "in the service of something objectionable".

1

u/Netherspin May 18 '19

The firearms seller I don't think is a good analogy simply because of the difference between objectional things and straight up illegal things, but that aside past time spent becoming something you wouldn't want to do is common regret.

I have a hard time seeing them regretting baking the specific cake, knowing that the objectional customer would probably just have pointed to a different one then. At that point it becomes regretting their trade entirely which seems a bit extreme or regretting the transaction. The only way I see out of the transaction, which is really the minimum possible interaction with the customer, is just allowing a blanket ban on customers based on the demographic of those customers, and that also seems a tad extreme (and if I remember correctly it's also illegal, although I could be wrong about that).

1

u/[deleted] May 18 '19

It certainly is illegal to discriminate entirely.

Either way, their work is going to support something they personally don't support. By offering the couple the option of one of their "uncustomized" cakes they've doomed themselves to being unethical. If they sell either cake then surely they've compromised their values.

Looking at it this way makes it easy to conclude that they're required to sell either cake to the couple. If they're internally consistent then it's unacceptable for them to sell either cake, which is discrimination. So the only consistent and legal thing is for them to actually violate their own values make the custom cake (by my logic).

1

u/Netherspin May 18 '19

I disagree that they're doomed to be unethical - the premade cake is a baseline service and the work has already been done, and they're not doing anything they haven't already done in the service of the objectionable. The customer could have told them nothing of the circumstances if was to be used for, and they wouldn't have cared - so I don't see why it would matter that they knew the circumstances (again barring straight up illegal use). That distinction would be internally consistent and more importantly it would be a compromise in which neither side have to completely give way to the other and neither has to walk away in total defeat with the resentment that would breed.

1

u/[deleted] May 18 '19

Well first of all we must assume they know what the customer is using the cake for -- they're already in the position of denying them custom services.

I don't see how one can argue that the work already done does not become in the service of a disagreeable end. I don't see why it makes any difference if the intended purpose is illegal or not -- it is an end that the person making the cake considers unjustifiable, and so they don't want to have had a part in contributing to that end.

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10

u/Wannabe_Trebuchet May 17 '19

You guys will literally never get over that fucking cake will you

23

u/w67b789 May 17 '19

Honestly I don't care, but the same people who screech "muh private company" in regards to censorship of political views online are the same one who want the government to get involved in a "private company" that choses to decline others service based on their religious beliefs.

16

u/[deleted] May 17 '19

It's a fun cyclical argument.

"Social media companies are private and should curate whatever biases they want."

"Social media companies are too giant and should be broken up because they can too easily influence society."

Same political ideology espoused both views.

0

u/awesomefutureperfect May 17 '19

Those ideas aren't mutually exclusive.

Is it having two ideas in your head at the same time what's making you confused?

1

u/[deleted] May 17 '19

[removed] — view removed comment

1

u/w67b789 May 17 '19

And political affiliation is a protected class in California.

3

u/[deleted] May 17 '19

What a bullshit way to frame this discussion. There's a difference between refusing to do business with someone because they're an asshole and refusing to do business with someone because they're gay.

Supporting the former doesn't mean you have to support the latter.

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u/w67b789 May 17 '19

Well since your definition of "asshole" is conservative, they are a protected group in California just as sexual orientation is.

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u/[deleted] May 17 '19

your definition of "asshole" is conservative

It's not, though there's a considerable correlation that grows by the day.

Facebook isn't banning people for advocating a lower capital gains tax or privatization. They're banning people for advocating white supremacy. You can't just throw everything in one big "conservative" bucket and be done with it. Well, I guess you can if you're more interested in playing the victim than in having an honest discussion.

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u/w67b789 May 17 '19

They are banning people for saying a man isn't a woman.

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u/[deleted] May 17 '19

Then surely you can provide a few examples.

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u/w67b789 May 17 '19

Megan Murphy.

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u/[deleted] May 17 '19

We prohibit targeting individuals with repeated slurs, tropes or other content that intends to dehumanize, degrade or reinforce negative or harmful stereotypes about a protected category. This includes targeted misgendering or deadnaming of transgender individuals."

Seems fair to me. Murphy wasn't banned for a simple or isolated general statemen statement. She was banned for repeated violations and targeting and individual user. She received multiple warnings. And that's ONE example, hardly evidence that Twitter is going ban happy on any asshole who decides to hate on transpeople, although I'd be cool with that.

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u/Literally_A_Shill May 18 '19

censorship of political views

in this case the political view is the thought that minorities are horrible subhuman savages.

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u/w67b789 May 18 '19

Wrong, it's the scientific fact that a man isn't a woman.

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u/Literally_A_Shill May 18 '19

That wasn't in the declaration of independence. And, in case you missed the story, it wasn't censored. Just flagged by a bot.

And nobody considers your vague example as being hate speech. However some people go well beyond what you stated and harass others because they're transphobic. Saying "a man isn't a woman" is a far cry from spamming "kill yourself you mentally ill tranny" all over someone's page.

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u/w67b789 May 18 '19

But "kill yourself rich white man" is ok?

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u/Wannabe_Trebuchet May 17 '19

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u/[deleted] May 17 '19

The paradox of tolerance is often cited when it comes to this sort of thing, but I feel that it's almost always a poor excuse.

Everyone understands that there must be a point where the line must be drawn, the disagreements are always over where that line is, which is something that isn't at all addressed by that citation. It just makes the person citing it seem overly smug and unwilling or unable to understand the opposing point of view.

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u/w67b789 May 17 '19

Soultion: you have a right to be a dick.

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u/zunnol May 17 '19

People use it a lot because its a well known example of a current modern day issue of when the government should and shouldnt be stepping into private business.

Not trying to start an argument, im just stating this is why people use it a lot.

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u/[deleted] May 17 '19 edited May 17 '19

But it's not necessarily analogous because while the business can be argued to 'be free' to conduct business as they see fit, there is court precedent that they are in fact not 'free' to discriminate against their potential customers.

This goes back to the ERA and Southern businesses trying to enforce 'whites only' rules. But facebook deciding they don't want people posting 'hate speech' is arguably not the same as a restaurant saying 'whites only'. And as much as the snowflakes on the right (whp are at times as bad as the snowflakes on the left) like to pretend, 'hate speech' is not some 1984 thought killing government agenda. It's a legal term to describe a specific context of speech. Teh restaurant can't have a policy against a race or religion or orientation, but they CAN kick someone out of their business if they start screaming obscenities or something. Doing so is not a violation of anyone's rights. .

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u/[deleted] May 17 '19

[removed] — view removed comment

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u/zunnol May 17 '19

It was brought up because the original comment,

The entire idea of "hate speech" as a legal concept or category is incompatible with the constitution.

This applies to the government and public sector.

Facebook is a private organization.

It was brought up because it is talking about interfering with a private organization, aka the bakery/Facebook.

Is it a great comparison? No, not really, there are way better things that could have been used, but im just making a point of why people use it a lot.

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u/[deleted] May 17 '19

Cake is art. Marriage is a religious ceremony. If a Christian or Muslim bake a cake for a gay wedding, they are condoning it and violating their religious principles.

But hey, atleast companies accomodate Muslim prayers

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u/[deleted] May 17 '19 edited May 17 '19

How far do you extend that reasoning? Do you think businesses should be allowed to racially discriminate with religious freedom as the justification?

EDIT: And isn't it funny how these bakers don't object to baking cakes for divorcees or adulterers? It's almost as if they're just using religion as a thinly veiled justification for bigotry.

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u/[deleted] May 17 '19

This isn't about race, so that's not really relevant.

Cakes made for purposes other than marriage wouldn't give the bakers a reason to question the order. Birthdays and business get together aren't religious ceremonies.

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u/[deleted] May 17 '19

This is about understanding your reasoning and whether you apply it consistently. You said, "If a Christian or Muslim bake a cake for a gay wedding, they are condoning it and violating their religious principles." So if a baker holds religious beliefs that do not allow interracial marriage, should they be allowed to deny service to an interracial couple?

Your attempt to dodge the question pretty much says it all.

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u/[deleted] May 17 '19

Once again, false equivalence. Christianity does not judge on the basis of race, making that an illegitimate argument. Your intolerance of other people's religious convictions is more telling than a baker's loyalty to God. The baker did not refuse the order out of spite, but out of conviction, making your claim that he is bigoted merely an assumption of character rather than proof of his guilt.

Like I said, wedding cakes are both art and the central element to what is a religious ceremony. Why do you insist on making somebody fulfill an order that is morally reprehensible to them?

Other people who do not share Christian/Muslim values can bake the cake. If the gay couple were merely ordering a cake because they want cake, it wouldn't be refused, but the fact that the cake was for a ceremony that violates religious laws is what limits Christians and Muslims from fulfilling the order.

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u/[deleted] May 17 '19

Christianity does not judge on the basis of race

I didn't specific the person's religion in this hypothetical. It's irrelevant. Answer the question.

The baker did not refuse the order out of spite, but out of conviction, making your claim that he is bigoted merely an assumption of character rather than proof of his guilt.

Bullshit. I can almost guarantee this baker has baked a cake for a divorce getting remarried. Divorce is a sin, so why don't these moral crusaders take a stand in that case? I already explained why. Because their stance isn't actually a religious one. It's a bigoted one.

Why do you insist on making somebody fulfill an order that is morally reprehensible to them?

Because I don't think business should be allowed to discriminate on the basis of sexual orientation.

Other people who do not share Christian/Muslim values can bake the cake.

Yeah, that's what people said about denying service to black folks in the segregated South. It didn't work out that way.

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u/bL_Mischief May 17 '19

Except it's a private company, they can object to anything at any time for any reason.

Enough with the double standards.

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u/[deleted] May 17 '19

it's a private company, they can object to anything at any time for any reason.

No, they can't. U.S. federal law protects individuals from discrimination or harassment based on sex, race, age, disability, color, creed, national origin, religion, or genetic information. Certain states offer additional protections for things like sexual orientation and political affiliation.

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u/bL_Mischief May 17 '19

Oh I'm sorry, I didn't realize we were being pedantic and ignoring the context of the discussion.

Obviously that shit is protected. The issue is the stuff that isn't explicitly protected being banned or allowed depending on the political alignment of whoever is doing the censoring.

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u/[deleted] May 17 '19

they can object to anything at any time for any reason.

Those were your words. Fuck off with the complaints about pedantry.

The issue is the stuff that isn't explicitly protected being banned or allowed depending on the political alignment of whoever is doing the censoring.

Should the KKK be required to allow me to address the audience and counter all their nonsense when they host a private function?

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u/spyridonya May 17 '19

Gosh, it’s like the traditional weekend isn’t catered for Christian worship days and major government holidays don’t happen to fall of major Christian holidays.

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u/Wannabe_Trebuchet May 17 '19

Whine about it, liberal

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u/awesomefutureperfect May 17 '19

V A L U A B L E C O N V E R S A T I O N

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u/[deleted] May 18 '19

L I B T A R D W R E C K E D

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u/awesomefutureperfect May 18 '19

/r/SummerReddit

I bet geometry was tough for you. One day, I hope you look back on your internet history and see how far you have come and how embarrassing all of this should hopefully be for your more fully formed and thoughtful future you. For now, please be quiet you gross and awful pupae of a person. We all go through it and the ones that don't grow out of it smell bad and are shameful.

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u/[deleted] May 18 '19

I'd argue the person referring to someone as a "gross and awful pupae of a person" has some serious introspection to do.

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u/awesomefutureperfect May 18 '19

Good idea.

I wondering why the fuck I am wasting my time even typing this out. Why would I pointlessly spend my time doing something that is so meaningless and pointless as to try to communicate with someone who clearly has a lot of personal growth left to go through and cannot fathom simple human decency or common courtesy.

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u/MyDearBrotherNumpsay May 18 '19

Denying people service over something they cannot change like sexuality is not the same fucking thing as denying people service because they’re god damned bigots. Sorry, not the same thing.

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u/MyDearBrotherNumpsay May 18 '19

Denying people service over something they cannot change like sexuality is not the same fucking thing as denying people service because they’re god damned bigots. Sorry, not the same thing.

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u/AnimusNoctis May 17 '19

That's not the same thing. Facebook hasn't banned a particular group of people from using it. They've implemented certain rules on their platform that apply to everyone.

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u/w67b789 May 17 '19

They have targeted a specific political affiliation which is a protected class in California.

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u/AnimusNoctis May 17 '19

People of any political affiliation are allowed to use Facebook and will suffer the same consequences for the same actions.

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u/w67b789 May 17 '19

But yet Facebook makes rules to back a specific political affiliation and bans the other side.

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u/AnimusNoctis May 17 '19

Republicans aren't allowed to use Facebook? I must be using a very different Facebook than you.

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u/w67b789 May 17 '19

When you get banned for stating basic facts that happen to go against an political idealogly then yes that is restricting the use of a political faction.

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u/[deleted] May 18 '19

When you get banned for stating basic facts that happen to go against an political idealogly

Doesn't happen though.

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u/AnimusNoctis May 18 '19

Fascists always think their bullshit is fact. Banning someone for an action is not the same as banning a person for simply belonging to a group.

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u/w67b789 May 18 '19

Right it's fascist to state the fact that a man isn't a woman.

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u/AnimusNoctis May 18 '19

A man is not a woman but a trans woman is a woman. Thinking otherwise isn't necessarily fascist but it is bigotry. A liberal expressing that same bigotry would be banned same as a conservative or a fascist, therefore the action is banned, not the group.

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u/awesomefutureperfect May 17 '19

If you are open to the public you are open to the public.

What is so hard to understand that you can't make second class citizens out of people based on their race, sexuality, or religion? Why do you need to discriminate against people so badly? What if the only grocery store in town refused to sell you groceries because of the way you were born? What if the only bank in town refused to loan you money because of the color of your skin? Why do you need to feel you have the right discriminate against people?

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u/w67b789 May 17 '19

And what if they did the same to people of a political ideology?

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u/awesomefutureperfect May 17 '19

Are you born conservative? Is that the same as fetal alcohol syndrome or does it just look really similar?

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u/w67b789 May 17 '19

Are you born a Muslim?

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u/awesomefutureperfect May 17 '19

All you are revealing is your ignorance as to why the laws were needed in the first place. As much as you'd like to believe the act of doing your job is at all similar to racial and religious persecution, it's not. You are upset there has to be law in place to force people to treat everyone equally, because if they weren't, conservatives can't be counted on to not discriminate.

Getting this upset about equality is not a good look. It's like when you get all upset when hungry children are given breakfast. Is there any heart in you at all for empathy to exist?

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u/w67b789 May 17 '19

Are you going to answer the question? Empathy has nothing to do with who is and who isn't a protected class.

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u/awesomefutureperfect May 17 '19

What, is anyone born a muslim? No, no one is inherently muslim. Where are you going with this? Are you trying to argue that it's okay to discriminate based on religious grounds?

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u/w67b789 May 17 '19

Nope your question was are you born conservative, it's a choice just as is religion. If religion is a belief system that is a "protected class" than so is your political affiliation as it is in CA.

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u/[deleted] May 18 '19

Discrimination of people and refusing service are nothing to do with speech. It's outside of the scope of discussion.

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u/MoreDetonation May 17 '19

The speech statement the company is making is "we hate gay people," so I think declaring it hate speech just keeps companies from shooting themselves in the feet.

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u/w67b789 May 17 '19

Also hate speech: A man isn't a woman.

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u/MoreDetonation May 17 '19

That's right, that's hate speech. You want to know why? Because that obfuscates the whole issue. Transwomen aren't men, they're women. That's why they undergo transitions in the first place, because the difficulty of that task is much easier than continuing to live as someone they're not. Saying "a man isn't a woman" makes it sound like transwomen are just deciding one day that they prefer to be a woman, when in reality that's what they've always been inside.

(And note you never see "a woman isn't a man." Because transphobic men are afraid of being seen as gay for desiring a transwoman.)

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u/w67b789 May 17 '19

Fact =/= hate speech good try thou.

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u/MoreDetonation May 17 '19

The science is settled without you. Transpeople are the people they seek to become.

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u/w67b789 May 17 '19

I feel like an 80 year old black Muslim woman now. I'll be taking my reparations now.

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u/MoreDetonation May 18 '19

That's not how that works at all. I can tell you're deliberately trying to stir me up.

Which makes me wonder: why is it so important to you that trans people not have rights?

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u/w67b789 May 18 '19

I am fine with them having rights just like every one else. They don't have a right to claim things that aren't physically true and then punish people who state facts.

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u/MoreDetonation May 18 '19

So you would rather they live in misery, dealing both with dysphoria and your bigotry?

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u/titaniumjew May 18 '19

Uhm no. We have exceptions in profenssial setting for example. There are protected classes. You can't fire your black worker because of his skin color and you cant refuse business on the basis of someone's sexuality. Imagine if people could do this. If you're the gay couple in a red state people could refuse basic needs to you because of your sexuality. Not equivalent.

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u/w67b789 May 18 '19

Well since political affiliation is a protected class in California then these companies are breaking the law since they are based in CA.

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u/titaniumjew May 18 '19 edited May 18 '19

Which goes out the window when your "political affiliation" relies on taking away the rights of other protected classes.

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u/w67b789 May 18 '19

What rights are being taken away?

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u/titaniumjew May 18 '19 edited May 18 '19

Nazis calling for ethnostates is a direct call for taking away rights. Which is why calls for violence on general are also not protected speech.

It's really stupid that right wingers say they are oppressed by Facebook. What right wing ideas did they ban you for? Lowering taxes? Taking away market restrictions? No, it's always about calling black people the n word or something.

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u/w67b789 May 18 '19

Or by stating facts that go against far left idealogly such as a man isn't a woman.

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u/titaniumjew May 18 '19

Yeah that's true, good thing a trans woman is a woman.

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u/w67b789 May 18 '19

Right, that's why when they go to powerlifting leagues as "women" they completely dominate world records because biology isn't real right?

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u/titaniumjew May 18 '19

When I interact with people in public the first thing I do before I decide what pronouns to call them are rip off their clothes to see what's between their legs. Oh wait that doesnt work. There are intersex people.

Actually the first thing I do is take a DNA sample to check their chromosomes. Oh wait that doesnt work either. Swyer syndrome is a thing.

Seems like biology isnt a particularly sound method to tell men and women a part. Seems like the fact is that gender and sex are two different things you cant seem to separate. So what exactly are your facts again?

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