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Obama executive order protecting LGBT people has big loophole

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Post by Ben Reilly Tue Jul 22, 2014 3:21 am

President Barack Obama on Monday gave employment protection to gay and transgender employees in the federal government and its contracting agencies, citing the "irrefutable rightness" of LGBT workplace equality.

"America's federal contracts should not subsidize discrimination against the American people," Obama said at a signing ceremony from the White House East Room. He said it is unacceptable that you could be fired for being gay in most places in the United States.

It comes as the fight over a wider ban on anti-gay discrimination in the private sector becomes embroiled in a dispute over whether religious groups should get an exemption.

Until last month, Obama long resisted pressure to pursue an executive anti-discrimination order covering federal contractors in the hope that Congress would take more sweeping action banning anti-LGBT workplace discrimination across America. A bill to accomplish that goal — the Employment Non-Discrimination Act — passed the Senate last year with some Republican support but has not been taken up by the GOP-controlled House.

Some prominent gay-rights and civil-rights organizations that had been longtime supporters of that bill announced earlier this month that they were withdrawing their support because of a broad religious exemption included to attract Republican votes.

Since Obama announced that he would take executive action, he has faced pressure from opposing flanks over whether he would include an exemption for religious organizations. He decided to maintain a provision that allows religious groups with federal contracts to hire and fire based on religious identity but not give them any exception to consider sexual orientation or gender identity. Churches also are able to hire ministers as they see fit.

http://america.aljazeera.com/articles/2014/7/21/obama-signs-enda.html

In other words, LGBT people are totally protected from discrimination, as long as they proclaim themselves Bible-believing Christians and the people most likely to discriminate against them don't decide to go ahead and decide they're not the "right" kind of Bible-believing Christian.

Obama executive order protecting LGBT people has big loophole Joker-clap
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Post by Original Quill Tue Jul 22, 2014 5:19 am

Hobby lobby has brought two clauses of the Constitution into closer conflict. Is there a religious right (1st Amendment) to violate equal protection rights (14th Amendment).

What a web this Supreme Court weaves,
When it first, starts to deceive.

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Post by Ben Reilly Tue Jul 22, 2014 5:26 am

Original Quill wrote:Hobby lobby has brought two clauses of the Constitution into closer conflict.  Is there a religious right (1st Amendment) to violate equal protection rights (14th Amendment).

What a web this Supreme Court weaves,
When it first, starts to deceive.

I honestly hope people start to really apply the Hobby Lobby case. I hope my mechanic refuses to hire non-Muslims on the basis of his deeply-held religious convictions (he does not), that the black-owned businesses down the road come up with some lame-ass excuse to refuse to serve white people (like this), that atheist business owners claim Pastafarian rights not to do business with anyone who's not a pirate or a hooker, etc.
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Post by Original Quill Tue Jul 22, 2014 5:29 am

Seriously, Hobby Lobby has turned what is essentially a protection, into basis for positive action.  I am exempt from any law I find objectionable for any reason I claim to be religious.

Is the Court going to delve into what is religion?

Or, is the Court going to delve into what religious practices are to be curtailed?

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Post by Ben Reilly Tue Jul 22, 2014 5:31 am

Just because I joke doesn't mean I'm not serious Smile

EDIT: The SCOTUS has no idea what it's potentially waded into. But at least Jeebus is happy with them!
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Post by Original Quill Tue Jul 22, 2014 5:33 am

Ben_Reilly wrote:
Original Quill wrote:Hobby lobby has brought two clauses of the Constitution into closer conflict.  Is there a religious right (1st Amendment) to violate equal protection rights (14th Amendment).

What a web this Supreme Court weaves,
When it first, starts to deceive.

I honestly hope people start to really apply the Hobby Lobby case. I hope my mechanic refuses to hire non-Muslims on the basis of his deeply-held religious convictions (he does not), that the black-owned businesses down the road come up with some lame-ass excuse to refuse to serve white people (like this), that atheist business owners claim Pastafarian rights not to do business with anyone who's not a pirate or a hooker, etc.

I can promise you that liberals are looking at Hobby Lobby to see what they can use over on the positive side of the ledger, once the Democrats retake the Court.  If you turn religion into a foil, look out for activism.

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Post by jaded fox Fri Jul 25, 2014 10:17 am

Ben_Reilly wrote:
Original Quill wrote:Hobby lobby has brought two clauses of the Constitution into closer conflict.  Is there a religious right (1st Amendment) to violate equal protection rights (14th Amendment).

What a web this Supreme Court weaves,
When it first, starts to deceive.

I honestly hope people start to really apply the Hobby Lobby case. I hope my mechanic refuses to hire non-Muslims on the basis of his deeply-held religious convictions (he does not), that the black-owned businesses down the road come up with some lame-ass excuse to refuse to serve white people (like this), that atheist business owners claim Pastafarian rights not to do business with anyone who's not a pirate or a hooker, etc.

I intend to create a church of Science and proclaim that anyone believing in flat earth, anal sex = AIDS, or that humans are actually golems are not welcome.
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Post by Guest Fri Jul 25, 2014 11:36 am

Original Quill wrote:
Ben_Reilly wrote:

I honestly hope people start to really apply the Hobby Lobby case. I hope my mechanic refuses to hire non-Muslims on the basis of his deeply-held religious convictions (he does not), that the black-owned businesses down the road come up with some lame-ass excuse to refuse to serve white people (like this), that atheist business owners claim Pastafarian rights not to do business with anyone who's not a pirate or a hooker, etc.

I can promise you that liberals are looking at Hobby Lobby to see what they can use over on the positive side of the ledger, once the Democrats retake the Court.  If you turn religion into a foil, look out for activism.
separation of church and state i understand Is enshrined in the constitution
Pitty the only the first two clauses of that document are the ones that seem to matter

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Post by Guest Fri Jul 25, 2014 11:37 am

jaded fox wrote:
Ben_Reilly wrote:

I honestly hope people start to really apply the Hobby Lobby case. I hope my mechanic refuses to hire non-Muslims on the basis of his deeply-held religious convictions (he does not), that the black-owned businesses down the road come up with some lame-ass excuse to refuse to serve white people (like this), that atheist business owners claim Pastafarian rights not to do business with anyone who's not a pirate or a hooker, etc.

I intend to create a church of Science and proclaim that anyone believing in flat earth, anal sex = AIDS, or that humans are actually golems are not welcome.
NOOooooooooooo not a church of Science ::rfth:: ::rfth:: ::rfth:: ::rfth:: ::rfth:: 

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Post by Guest Fri Jul 25, 2014 11:47 am

To be honest a country's legal system that grants "person hood" to a corporation,company and because of that ruling they then can claim religious exemption deserve everything they get

But lets face it how many times have we see the American legal system fail basic fundamental common sense
Where the side with the most money or influence trumps justice and common sense
When you start referring to Scotus in terms of REP judges and DEM judges then the common law goes out the window

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Post by Guest Fri Jul 25, 2014 11:53 am

Without doubt the American system of government has got to be one of the worst democracy`s in the world a broken legal system,a dysfunctional government that can be squarely landed at the doors of the republicans
where the "mighty" dollar is king and dam the rest

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Post by Guest Fri Jul 25, 2014 11:55 am

Korben_Dallas wrote:Without doubt the American system of government has got to be one of the worst democracy`s in the world  a broken legal system,a dysfunctional government that can be squarely landed at the doors of the republicans
where the "mighty" dollar is king and dam the rest

 Twisted Evil Twisted Evil Twisted Evil Twisted Evil 

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Post by Original Quill Fri Jul 25, 2014 6:20 pm

Korben_Dallas wrote:
Original Quill wrote:

I can promise you that liberals are looking at Hobby Lobby to see what they can use over on the positive side of the ledger, once the Democrats retake the Court.  If you turn religion into a foil, look out for activism.
separation of church and state i understand  Is enshrined in the constitution
Pitty the only the first two clauses of that document are the ones that seem to matter

Did you mean the first two clauses, or the first two amendments?  Very few of the amendments do not form a huge body of law.

The interesting thing about religion (first two clauses of the First Amendment) is that it is twofold in the First Amendment, and each are diametrically opposite:

US Constitution wrote:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Both are prohibitions, but one opposes religion (no establishment clause) and the other enhances it (free exercise clause).  It requires very little in the way of a fact pattern, to set these two clauses up against each other.  

Take the recent example offered by the city of Cologne, regarding circumcision.  http://www.reuters.com/article/2012/06/27/us-germany-circumcision-idUSBRE85Q19Y20120627  If, in the US, Congress were to pass a law prohibiting circumcision, is it prohibiting the free exercise of a (Jewish) religion?  On the other hand, if Congress passes a law saying no city may prohibit circumcision, is it establishing a religion's (Jewish) practice?  Incidentally, California has such a law; could it be overturned on grounds that it establishes a religion? If you turn either clause into an affirmative law, you've got trouble.  This dilemma is called an antinomy.

Hobby Lobby is the case that comes the closest to an antinomy.  It affirmatively establishes a religious right to promote a pro-life agenda.  It thus appears to be establishing a religious practice.

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