Nobody Has Asked Me But I'll Sue Anyway

[albaqwerty]

https://www.msn.com/en-gb/news/world/photographer-is-suing-city-so-she-doesnt-have-to-photograph-same-sex-weddings-even-though-no-one-asked-her/ar-BBX8njV?ocid=spartanntp


I suppose it's one way to advertise your business but is it too much to hope that the Court will throw it out?

I keep thinking ''only in America''

[ToraToraTora]

who's lying Naomi? it's omission.

[pixie374]

I know what naomi means in a way... honesty is always good. However, if your honesty involves telling everyone you are breaking the law, you would expect some consequences.
I wouldn't go into a police station and tell them I had just driven 50mph on a 30 road... and expect them to say "thanks for your honesty. Off you go..."

[naomi24]

TTT, //who's lying Naomi? it's omission. //

Telling customers you're fully booked when you're not isn't omission. It's lying. In this instance telling the truth would potentially have you falling foul of the law .... and that can't be right.

[New Judge]

//She can refuse though, just don't give the reason, just say you're fully booked.//

Need to be a bit careful with that. It the photographer declined the booking saying she was already booked and somebody then made a subsequent enquiry (for a mixed sex wedding) and was accepted, the circus begins. The days are gone when a trader can decline to accept business without reason when people with “protected status” are involved.

In the Belfast gay cake case the Supreme Court ruled in the baker’s favour on the basis that it was the message requested on the cake (“Support Gay Marriage”) rather than the sexuality of the person requesting it. The baker contended that he would refuse to make such a cake for anybody, regardless of their sexual orientation. They held that under the European Convention on Human Rights (ECHR) no-one could be forced to promote a belief or opinion they did not believe in or profoundly disagreed with.

The case took over four years to reach what everybody thought would be its conclusion and The Northern Ireland Commission for Equality spent £250,000 of taxpayers’ money on its involvement. However It looks like a bit more of taxpayers’ hard-earned dosh will find its way into the pockets of M’Learned Friends because In August 2019 Gareth Lee, the plaintiff in the case, instructed his lawyers to challenge the Supreme Court's ruling at the European Court of Human Rights. The UK's Human Rights Act, of course, was designed to mirror the ECHR and remove the need for people to go there for decisions on the Convention. That seemed to work well.

[pixie374]

It only would, naomi, if you were breaking the law. But that isn't a surprise to anyone, I'm sure. Maybe act within it...?

[naomi24]

Pixie, if the law says it’s unlawful to discriminate, then by refusing a gay couple she would be breaking the law. Acting within the law would mean she is obliged to compromise her own principles, and in that respect the law inadvertently discriminates against her freedom to hold those principles.

[zebo]

'Sorry, I'm not available that day' would be better than saying she was already booked, it's not a lie, she could be doing something that's none of their business.

[pixie374]

It does... although that seems to be a second priority- and only seems to cover religious views. I don't really see why anyone should be given "exceptions" for their beliefs.

[naomi24]

If it's a lie, it's a lie.

[pixie374]

Can't disagree with that...lol

[naomi24]

//I don't really see why anyone should be given "exceptions" for their beliefs. //

Nor me, Pixie but by the same token I don't see why anyone should be obliged to endorse a lifestyle that they, personally, disapprove of - for whatever reason.

[pixie374]

I don't either, but the law is the law too...

[ToraToraTora]

naomi: "Telling customers you're fully booked when you're not isn't omission. It's lying." - yes that is but I'm suggesting they simply refuse to serve them without any explanation.

[ludwig]

// ...it was the message requested on the cake (“Support Gay Marriage”) rather than the sexuality of the person requesting it. The baker contended that he would refuse to make such a cake for anybody, regardless of their sexual orientation. //

Which was bleedin' obvious to anyone with an ounce of common sense from the start NJ. Unbelievable that it dragged on for so long.

This isn't quite the same of course. If you refuse to photograph certain people, then you're directly discriminating against the people themselves.

[hereIam]

She should be able to do what she wants, but sadly that's not possible in today's nanny, do-gooder, pc state !!

[Peter Pedant]

Hi Baabies - we know the answer in English law - precedent and all that.
Someone ( Geena I think ) applied to the high courts in Lundy and Edinburgh and asked the judges: what would happen if BoJjo didnt do diddly squat on Saturday next.

The judges if you recall said that they should wait until then and then re-apply

as for "this is a rum society where people lie"
as Nigh might say - hahahahaha
there is an election on - have you heard Fartage or BoJo?
or hahahahaha the impeachment hearings on the Capitol,
or hahahahaha - the indictment of Netanyahu

it is not only us, and not only now
and certainly not new ( see socrates 300BC)

[Peter Pedant]

// She should be able to do what she wants,//

er excuse me what about - child porn or doing a Jeffrey Epstein?

so - we almost immediately conclude that she SHOULDN'T be allowed to do whatever she wants
but we must have rules
and the only task is to decide what they should be

and in true AB spirit - the best answer is stupid - see above

[Peter Pedant]

// and in that respect the law inadvertently discriminates against her freedom to hold those principles.//

o god I dont believe this

the freedom to murder little children - discriminates against those who hold that the right to life is paramount.
I note Nigh blaaarting thirteen to the dozen on this very subject the other night

so whenever there is a prescriptive law ( = a law that says you cant do something) it discriminates against the freedom to do that very thing. duur we knew that all along didnt we?

and the point is that the system of laws says which one is which

didnt anyone on AB complete secondary skool?

[naomi24]

PP, catch hold of your wayward brain, take a breath, and try to understand what's written.

[youngmafbog]

It works both ways of course.

If you were gay would you want this woman photographing you?

I mean, what if the camera managed to oer expose every piccie and 'chopped' of heads or great Grannie out the pic.