The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

[The Sicatoka]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

It's not a protected class. Do you understand why there are protected classes?

OK, so the baseball glove manufacturer only makes gloves to a certain size so they only fit female infielders. Can a male sue?

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

They really do. It's really creepy and gross.

“As a nation, we began by declaring that 'all men are created equal.' We now practically read it 'all men are created equal, except negroes.' When the Know-Nothings get control, it will read 'all men are created equal, except negroes, and foreigners, and Catholics.' When it comes to this I should prefer emigrating to some country where they make no pretense of loving liberty – to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.”

― Abraham Lincoln

How interesting that with the substitution for "negroes, and foreigners, and Catholics" of "gays, and immigrants, and Muslims" the same imbeciles continue the same old xenophobic litany.

That is who now controls our government. The new Know Nothings.

 

[dxmnkd316]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

OK, so the baseball glove manufacturer only makes gloves to a certain size so they only fit female infielders. Can a male sue?

Probably not. As long as they allow everyone to buy one.

Besides, the only requirements about size that I'm aware of are those that violate the ADA.

You also dodged my question. Do you know why we have protected classes?

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Why do you suggest I'm belittling it or even that I support this position? I've made it pretty clear in numerous posts that I have no problem with same sex marriage or the legal protections granted. I posted the link just because Hobby Lobby was discussed at length here and this is pretty clearly another attempt by the same group to extend that ruling.

I apologize for misreading you.

To the Thumpers among us squealing about their "religious liberty," I do not apologize. We should not carve out exceptions in our civil rights laws to accommodate your infantile bigotries.

 

[The Sicatoka]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Personally, I'd rather allow the folks that don't want to serve a segment of the populace to self-expose by being allowed to choose who to do business with, and who not. Have them proudly say it, rather than seethingly, sneeringly, begrudgingly be forced to do it.

Why? Today's social network world will have them named and out there. Sunshine is best. Tell them: If you really believe it, step into the light.

 

[dxmnkd316]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Personally, I'd rather allow the folks that don't want to serve a segment of the populace to self-expose by being allowed to choose who to do business with, and who not. Have them proudly say it, rather than seethingly, sneeringly, begrudgingly be forced to do it.

Why? Today's social network world will have them named and out there. Sunshine is best. Tell them: If you really believe it, step into the light.

That theory falls apart when you see snakeoil salesmen like whatshisface from Infowars. Peddling hate and falsehoods.

You don't allow people to normalize segregation and hatred. Once it becomes normalized, it becomes more accessible.

Do you understand why we have protected classes?

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Personally, I'd rather allow the folks that don't want to serve a segment of the populace to self-expose by being allowed to choose who to do business with, and who not. Have them proudly say it, rather than seethingly, sneeringly, begrudgingly be forced to do it.

Why? Today's social network world will have them named and out there. Sunshine is best. Tell them: If you really believe it, step into the light.

Would you overturn Shelley v. Kraemer? Private property, after all. How about Katzenbach v. McClung or Heart of Atlanta Motel, Inc. v. United States?

 

[The Sicatoka]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Do you understand why we have protected classes?

Yes, because some people are jerks (or far worse).
Let's expose them, better, let them expose them for what they are.

The best thing that ever happened to the "alt-right" was a chance to step onto the stage; the worst thing that ever happened to the "alt-right" was stepping into the bright sun of the stage. I smirk as they stand in the sun and wilt.

 

[SJHovey]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

I apologize for misreading you.

To the Thumpers among us squealing about their "religious liberty," I do not apologize. We should not carve out exceptions in our civil rights laws to accommodate your infantile bigotries.

You have to admit, though, that it does create an interesting legal puzzle to solve.

I'm not a religious person at all, so I tend to respond, "meh" to all arguments involving religion. But I recognize the problem that we have that, right or wrong, our country put religion into the Constitution and gave it some protections. Maybe some of us would like to say, in retrospect, that we might have been better off not doing that, but it's there.

And, unfortunately, it seems like religion can be defined to be pretty much whatever its founder chooses. That means there is a pretty good chance that it can bump up against other constitutionally protected rights.

Candidly, I'm a little surprised that in our 240 year history we didn't see this before with some sort of race-based belief system in a religion.

In my mind it's a conundrum. In a way it's a little like the gerrymandering problem the Supremes face. As a country we believe that it is important that our legislatures not be allowed to gerrymander legislative districts, in order to protect minorities, yet we also believe that you should be able to gerrymander legislative districts to make sure that a minority can get elected from that state. You're not allowed to gerrymander based upon race, but oh by the way, we'd like you to gerrymander based upon race to make sure we can get minority representation. That's a difficult reconciliation to make.

 

[Jimjamesak]

Yes, because some people are jerks (or far worse).
Let's expose them, better, let them expose them for what they are.

It's in the same respect sports need referees, at some point you need someone to step in and say "stop being a jerk" and then enforce punishment on people for being a jerk. Others there's no reason to not be jerk.

 

[unofan]

Say a company wants to make baseball gloves only for right-handed infielders.
Could they be sued by a left-handed first basema...person?

No, because left handedness is not a protected class.

 

[unofan]

OK, so the baseball glove manufacturer only makes gloves to a certain size so they only fit female infielders. Can a male sue?

If they can prove sex discrimination, sure. Though in this scenario, I don't think it's likely they could.

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

The new Know Nothings, indeed.

Advisers to President-elect Donald Trump are developing plans to reshape Energy Department programs, help keep aging nuclear plants online and identify staff who played a role in promoting President Barack Obama’s climate agenda.

The transition team has asked the agency to list employees and contractors who attended United Nations climate meetings, along with those who helped develop the Obama administration’s social cost of carbon metrics, used to estimate and justify the climate benefits of new rules. The advisers are also seeking information on agency loan programs, research activities and the basis for its statistics, according to a five-page internal document circulated by the Energy Department on Wednesday. The document lays out 65 questions from the Trump transition team, sources within the agency said.

tl; dr: Trump will use an ideological test to cut DOE staff who are not Denialists. When Galileo demonstrated the falsity of the Biblical description of the heavens by demonstrating that Jupiter had moons and thus the Earth was not the center of all motion, the clerics responded "those moons are in your telescope."

This reminds me of stories I heard about the way science education changed in Iran and Saudi Arabia when theocrats began controlling it. Obviously, there was a lot of censorship of banned ideas, but even more interesting was the way in which facts were now presented. For instance, the Nitrogen cycle would now be explained like this:

The Holy Koran tells us Allah controls all the natural processes in the universe in (quoted verse). Thus, if Allah so wills nitrogen in the form of ammonium is absorbed onto the surfaces of clay particles in the soil. The ion of ammonium has a positive molecular charge due to the goodness of Allah as described by the Prophet Mohammed, PBUH. The ion is held by soil colloids in a process called fixation, and is released from the colloids by way of cation exchange when Allah so wills it. When released, most of the ammonium is chemically altered by a specific type of autotrophic bacteria into nitrite (NO2- ), due to the infinite goodness of Allah and His Prophet as shown in (quoted verse)

 

[Kepler]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Candidly, I'm a little surprised that in our 240 year history we didn't see this before with some sort of race-based belief system in a religion.

We did.

The Thumpers used their magic book to try to stop desegregation, just like they're using it now to try to prop up their homophobia. "What has been will be again, what has been done will be done again; there is nothing new under the sun." -- Ecclesiastes 1:9

 

[Slap Shot]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

The new Know Nothings, indeed.

re: the part you quoted:

Advisers to President-elect Donald Trump are developing plans to reshape Energy Department programs, help keep aging nuclear plants online and identify staff who played a role in promoting President Barack Obama’s climate agenda.

The transition team has asked the agency to list employees and contractors who attended United Nations climate meetings, along with those who helped develop the Obama administration’s social cost of carbon metrics, used to estimate and justify the climate benefits of new rules.

Their methodology for identification notwithstanding this wreaks of a, "Show me your papers!!" mentality. Will they get fired or just receive a scarlet tagging of some sort?

 

[burd]

No, because left handedness is not a protected class.

Although it is true, isn't it, uno, that the suspect class test does not apply absent state action. It's a statutory violation.

 

[unofan]

Although it is true, isn't it, uno, that the suspect class test does not apply absent state action. It's a statutory violation.

Correct, but unless you want to argue left handedness is a disability, I don't know of a single civil rights statute that would count it as a protected class.

 

[The Sicatoka]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Correct, but unless you want to argue left handedness is a disability, I don't know of a single civil rights statute that would count it as a protected class.

Isn't "handedness" a "born that way" thing and you'd better not discriminate based on it?

I feel sorry for lefties this this right-hand dominant world.
I have a lefty sibling and there are so many things I just take for granted when I watch them.

 

[unofan]

Isn't "handedness" a "born that way" thing and you'd better not discriminate based on it?

I feel sorry for lefties this this right-hand dominant world.
I have a lefty sibling and there are so many things I just take for granted when I watch them.

You're free to try to add handedness to anti discrimination laws around the country. I wish you well on your efforts. But the fact remains, while it'd be stupid to discriminate against lefties, it's not illegal to do so.

 

[burd]

Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Isn't "handedness" a "born that way" thing and you'd better not discriminate based on it?

I feel sorry for lefties this this right-hand dominant world.
I have a lefty sibling and there are so many things I just take for granted when I watch them.

And you are applying the "immutable characteristic" factor of equal protection analysis, which does not apply in our hypo.