Seth wrote:Coito ergo sum wrote:Seth wrote:
But wait, atheism is not a religion, right? So, how can anyone engage in unlawful "religious discrimination" against an atheist?
For the purposes of federal discrimination laws, atheism is protected as much as any religion. I.e. someone discriminating in hiring or firing based on "religion" or "lack of religion" is still violating the law.
I think in Massachusetts a retail store can't discriminate based on race, color, religion, etc. and that would include lack of religion or atheism.
Yup. But political discrimination is permissible.
Yes, but atheism is considered a religious view, not a political one (or not JUST a political one, even if it is political). Many religious views are also political - like pro-life, and that sort of thing - well any view can be political.
Seth wrote:
Seth wrote:
Gaylor goes on to whine:
“We have basic civil rights standards in our society. A business can‘t shun you because you’re an atheist,” the atheist leader said. “You do not have the right to refuse to do business with someone based on categories and that includes religion. It‘s as if they said ’I will not deliver to a black person.’”
Problem is, it's not illegal for a business to discriminate based on POLITICAL (or any other) belief. It's perfectly legal to refuse to serve Democrats, or Progressives or Communists...or atheists.
Atheism is included among "religious beliefs" though, not political beliefs. It's the same as saying you're discriminating based on someone not being a Christian and claiming that you're not discriminating based on religion. The EEOC and all State discrmination/civil rights agencies are very clear on that, and every high court addressing the issue has been very clear on that.
She wasn't discriminated against because of her religion or lack thereof, she was discriminated against because of her political activism. Secularism, which is the exclusion of religion from government, and is the basis of her First Amendment Establishment Clause claim in re the banner, is not a religious activity, it is a secular political activity invoking secular political law. Therefore it is perfectly lawful to discriminate against her because of her POLITICAL beliefs.
Now you are assuming something that is in dispute. If the flowers were not going to be delivered because the owner of the flower store wanted to stay out of the limelight or because he didn't like political activists, then that might well be found to be lawful. However, the claim is that he did not do the delivery because the customer was atheist. We'll find out where the evidence leads when we see the evidence, which we haven't.
Seth wrote:
Seth wrote:
The Civil Rights Act says that everyone shall be entitled to "full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin."
Since atheism is not a religion, according to every atheist I've ever debated the subject with, it does not fall under the protection of the Civil Rights Act.
It's not a religion, per se, but the word "religion" is very broad as it is used in discrimination laws, and includes lack of religion, and lack of belief in a religion or lack of belief in a god or gods.
You're free to make the argument that a narrower usage is appropriate, but your argument has been made and rejected in all 50 states and by the Supreme Court.
I'm not making that argument AT ALL. I'm talking about her, and the FFRF's
Secularist political activism, not their atheistic beliefs. Discrimination based on political belief is NOT protected.
And, nobody is alleging that it is. You're claiming that "secularism" is the issue here. That's not what FFRF is claiming.
Seth wrote:
Seth wrote:
So, Gaylor, you're wrong, and people have every right to discriminate against and shun atheists, just like they can discriminate against and shun Communists or Marxists based on any category they choose OTHER THAN those specifically listed in the Civil Rights Act.
That, my dear, is called "freedom of (dis)association" and it's guaranteed by the First Amendment as a right.
No, Seth. You are wrong. The law is not what you say it is. You may advocate for a change in the law, but you're wrong now. She is right.
No, you're wrong, and the law is what I say it is. You simply refuse to acknowledge the distinction between discriminating "because" someone is an atheist and discriminating based on political beliefs and activism, which is what she was engaged in.
No, you're simply assuming the truth of something that is in dispute in the case.
YOU said that discrimination based on atheism is legal, because atheism is not a religion. Discrimination based on atheism is, however, not legal. So you are flat out fucking wrong when you say it is legal. It's not. Atheism is, in fact, protected by the civil rights laws in all 50 states. Period. It's not arguable. It's a fact.
Now, your sidestep to the issue of this not being about atheism per se, but that the flowers weren't delivered because of some political belief other than atheism, then you may be right. You are right that a flower shop may discriminate against political beliefs, like not delivering to Democrats or Republicans. But, you can't at the moment say that that's why the store didn't deliver. FFRF says it's because of atheism. If it was because of atheism, then the FFRF will win. If it was because of non-religious political belief, then the defendant will win.