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#127 Nov 12 2013 at 7:38 PM Rating: Excellent
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gbaji wrote:
I'm saying that you you want us to do one but not the others, then you have to actually make an argument as to why one should be protected, but not the others. And you (nor anyone else here) has done that.

Nor should anyone be expected to since discrimination against short people or redheads or Star Wards movie buffs isn't the topic of discussion or purpose of ENDA. ENDA can pass just fine without anyone ever mentioning redheads just as the Civil rights Act passed without anyone mentioning homosexuality or gender identity.

Just like the tired "But why not people marrying cats?!" fallacy from the SSM debate, if you think short people should have hiring protections than go ahead and advocate for them. If there's a good argument with majority support then it should ultimately happen. Whether or not it happens is disconnected from the ENDA debate, however.
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#128 Nov 12 2013 at 7:47 PM Rating: Decent
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someproteinguy wrote:
gbaji wrote:
someproteinguy wrote:
gbaji wrote:
Assuming we agree that things like height, hairstyle, and clothing styles are less obviously things you can discriminate based on than drug addiction and felon status, then those things should be closer to the line, right?
Why are you assuming that?
Am I wrong? You think that an employer is less justified to refuse to hire someone who has a drug problem than someone who has blond hair? If I'm wrong with that assumption then by all means correct me. But I don't think I'm wrong.
I think there's more justification in refusing to hire someone with a current criminal record, than refusing to hire someone with blond hair.


So we agree. That's what I was saying. Discriminating against someone's hair color is closer to the line between "things we can discriminate against" and "things we can't discriminate against" than discriminating against someone because they are a drug addict. Maybe I just didn't write it clearly enough the first time?

My point when I wrote that was that if we are to argue about where the line between "things we can discriminate against" and "things we can't discriminate against" is, we should be looking at things close to the line, not things far from it in one direction or the other. Hence, it's more relevant (I would argue necessary) to argue that sexual orientation is not like hair color versus arguing that it's not like drug addiction.

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gbaji wrote:
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I mean, looking back I'm having trouble finding where you came to the conclusion that people were okay with discrimination based on height or hairstyle, etc.
But they're ok with discrimination based on drug addiction? Which kinda means my assumption is correct, right? Which is it?
Okay, I'm not following this. You may have to spell this one out for me.


I suspect you misunderstood my earlier statement and argument. Let me clarify:

1. I'm saying that discrimination based on height or hairstyle is less "ok" than discrimination based on drug addiction or felon status (I'm assuming we agree on this, right?).

2. Our laws do not protect people against discrimination based on height or hairstyle. Thus, while those things are "less ok" to discriminate against, they still fall on the "ok" side with regard to our current laws (I'm hoping that makes sense). It's not about "people being ok" with something, but our laws being ok with something. Currently, there are no protections against discrimination based on height or hairstyle.

3. This is in contrast to a small list of things which fall on the "not ok" side of the legal discrimination line. These are currently race, sex, and religion. So those things are "not ok", and everything else (including height and hairstyle) are "ok" with regards to discrimination under our laws.

4. The change being proposed here is to add sexual orientation to that small list of things on the "not ok" side of the legal discrimination line.

5. My point is that if you are arguing for adding sexual orientation to that list, you must show that it meets some criteria that distinguishes it from all those things we have on the "ok" side. This includes height and hair style. And since those things are closer to the line than felon status or drug addiction, those are better cases to compare/contrast. It's easy to find all sorts of things that are less ok to discriminate against than drug addiction, but we also don't prohibit discrimination against those things. Thus, if you want to argue the special status of sexual orientation, you need to show how its different than all those other things just on the "ok" side of the line.


I hope to hell that makes sense.


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You're right, they've obviously dropped the ball, going at this piecemeal isn't working. Perhaps we should just ban all but a very short list of approved performance related criteria?


You're free to make that argument, but our system starts with the assumption that we're each free to do anything we want, and then we place a small number of restrictions on that where necessary. What you're proposing is the exact opposite and sorta flies in the face of some pretty basic concepts of a free society. We should have to make the argument for each and every exception, not the other way around. And what I'm asking here is for someone to actually make that argument.

But so far, no one has succeeded in making an argument stronger than "because I think it should be this way". I hope you can agree that that's a pretty weak argument.

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If you want to know where my gray area is, maybe something said at a job interview that's not directly performance-related, but is strongly suggestive thereof.


/shrug How about letting the employer decide based on whatever criteria he wants to use? It's his money he's spending on potentially hiring that person, right? The alternative is a world where the government sets rules about what you must spend your own money on. Which, sadly, far too many people don't seem to grasp is a "really bad thing"(tm).
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#129 Nov 12 2013 at 8:03 PM Rating: Decent
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Belkira wrote:
gbaji wrote:
I'm not saying you can't do one and not all. I'm saying that you you want us to do one but not the others, then you have to actually make an argument as to why one should be protected, but not the others. And you (nor anyone else here) has done that.


That's idiotic. I never said, "I want employment discrimination directed against sexual orientation to be illegal but not the others." I think the only discrimination that should be legal when hiring is felony charges, drug abuse, and alcoholism. None of the other things you mentioned should be reasons to legally discriminate against someone for a job.


Then make that argument instead of singling out one group for special treatment.

Let me say for the record that I think you're completely wrong. The same freedom that allows an employer to decide to hire one person and not another based on any criteria he wants allows you to decide to buy a pair of shoes or a television based on any criteria you want. Removing the freedom to do one will ultimately remove the freedom to do the other because the legal precedent you're using assumes that government has the authority to tell you how you must spend your money. Now, if you make exceptions for rare cases where those choices result in significant unfair outcomes for whole groups of people within society, then we can create that demarcation line based on that. That become the criteria which differentiates the "ok" side from the "not ok" side.

But we need to be really clear and careful with that criteria. Saying "no discrimination at all" is the wrong way to do it.

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Not only that, but the "If you want this but you aren't fighting for the others, then tell me why it's different" argument is ridiculous. It makes no sense whatsoever.


Why doesn't it make sense? Unless you are a mindless drone just following whatever others tell you to do, then you must have a reason for supporting changing the law for sexual orientation, but not those other things. Thus, you must think that sexual orientation is different than those other things. Even if the difference is "other folks have created a cause and momentum to get this one change done", that's a difference. To claim that you don't see one is dishonest. There must be one. You may not want to say what it is, but it is there.

So I'll ask again: Why create an exception for sexual orientation but not for height, or hair style, or accent, or any of a hundred other random things? It's funny because I'm not even arguing that there isn't a good argument for such an exception. I'm just trying to get people to acknowledge that there is a need to be able to define that difference in the first place. And it's like pulling teeth just to get to that step.

Gotta crawl before we can walk though, right? Before we can discuss whether sexual orientation meets some criteria to justify the exception, we have to decide what that criteria is. And before we can decide what the criteria is, we have to first agree that there must be a criteria in the first place. We're still on step 1 right now. Which I find kinda ridiculous.
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#130 Nov 12 2013 at 8:09 PM Rating: Excellent
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gbaji wrote:
So I'll ask again: Why create an exception for sexual orientation but not for height, or hair style, or accent, or any of a hundred other random things?

Because they're unrelated. The sole question related to ENDA is: "Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality or gender identity?"

That's it. Nothing about height or accent. Hell, nothing about race or gender. Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality or gender identity? Yes or no? If "no" then you should support ENDA. If yes, then just plainly say "Yes, I think employers should be allowed to discriminate against an (potential) employee based purely on their sexuality or gender identity."

Everything else is just a smokescreen to avoid answering that one simple question.
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#131 Nov 12 2013 at 8:16 PM Rating: Excellent
What Joph said.

I'll add that it's also an obvious ploy to endorse an anti-homosexual air without saying that you hate homosexuals. In other words, it's the talking points that the GOP use to get mindless drones like gbaji who follow the party line to go along with it.

Edited, Nov 12th 2013 8:16pm by Belkira
#132 Nov 12 2013 at 8:29 PM Rating: Decent
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Jophiel wrote:
gbaji wrote:
So I'll ask again: Why create an exception for sexual orientation but not for height, or hair style, or accent, or any of a hundred other random things?

Because they're unrelated. The sole question related to ENDA is: "Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality or gender identity?"


Sure. But you can't answer that question without having a criteria to use to make that determination. Otherwise, you're just flipping a coin, right?

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That's it. Nothing about height or accent. Hell, nothing about race or gender. Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality or gender identity? Yes or no? If "no" then you should support ENDA. If yes, then just plainly say "Yes, I think employers should be allowed to discriminate against an (potential) employee based purely on their sexuality or gender identity."


Forgive me for thinking that we should have reasons for what we do and the decisions we make Joph. I happen to believe that if you don't have a reason for giving an answer, then it's not really your answer you're giving. And in a society where we all get an equal vote, it's somewhat important that people be able to define clearly not just the decisions they've made but *why* they make them. Cause if they can't, then it's not really their vote. It's the vote of whomever they're blindly following.

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Everything else is just a smokescreen to avoid answering that one simple question.


I think "why" is at least as important as "what" though. Don't you agree?
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#133 Nov 12 2013 at 8:30 PM Rating: Excellent
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Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality or gender identity?
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#134 Nov 12 2013 at 8:45 PM Rating: Good
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gbaji wrote:
Article doesn't specifically mention sexual orientation.
So it isn't actually a decent statistic but a halfassed assumption.
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#135 Nov 12 2013 at 8:46 PM Rating: Decent
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Jophiel wrote:
Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality orientation or gender identity?


Sure. Why not? And no, that's not a rhetorical question.

Edited, Nov 12th 2013 6:47pm by gbaji
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#136 Nov 12 2013 at 8:48 PM Rating: Decent
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lolgaxe wrote:
gbaji wrote:
Article doesn't specifically mention sexual orientation.
So it isn't actually a decent statistic but a halfassed assumption.


Sigh. But it mentions a comparison to a form of discrimination which is more prevalent. Hence proving the point I made. X > Y; Y > Z; therefore X > Z. Logic is hard for some people I guess.
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#137 Nov 12 2013 at 8:49 PM Rating: Excellent
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gbaji wrote:
Jophiel wrote:
Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality orientation or gender identity?
Sure.

Ok then. I disagree but now you know which way you should support ENDA without resorting to blathering on about hair color and shoe size (or your earlier repeated comparisons to pedophilia and drug abuse).
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#138 Nov 12 2013 at 8:51 PM Rating: Excellent
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Belkira wrote:
I'll add that it's also an obvious ploy to endorse an anti-homosexual air without saying that you hate homosexuals. In other words, it's the talking points that the GOP use to get mindless drones like gbaji who follow the party line to go along with it.

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#139 Nov 12 2013 at 8:59 PM Rating: Decent
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Belkira wrote:
I'll add that it's also an obvious ploy to endorse an anti-homosexual air without saying that you hate homosexuals.


Sigh. I hate homosexuals exactly as much as I hate short people, or people with bee hive hairdos, or big feet, or any of a hundred other things (which is to say, not at all)

Do you see now why what I've been talking about is important? You assume that I oppose special protections based on sexual orientation because I hate homosexuals. But I don't base my criteria on whether I like or hate a group because I think that's about the worst reason to create exemptions in the law one could have.

You guys really should stop and think a bit longer about why you hold the positions you hold. You might just discover the uncomfortable truth that you don't hold the moral high ground you think you do, but you'll be better people for it.

Edited, Nov 12th 2013 7:02pm by gbaji
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#140 Nov 12 2013 at 8:59 PM Rating: Excellent
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gbaji wrote:
Logic is hard for some people I guess.
But you keep trying! Some people would say that's admirable, so don't let your shortcomings get you down, little buddy.
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#141 Nov 12 2013 at 9:02 PM Rating: Decent
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Jophiel wrote:
gbaji wrote:
Jophiel wrote:
Should an employer be allowed to discriminate against an (potential) employee based purely on their sexuality orientation or gender identity?
Sure.

Ok then. I disagree but now you know which way you should support ENDA without resorting to blathering on about hair color and shoe size (or your earlier repeated comparisons to pedophilia and drug abuse).


I already knew that Joph. I'm like 4 steps ahead of you apparently.

So I'll ask again: Why shouldn't an employer be able to discriminate on that basis? I mean, the default condition in a free society is that we're free to use our property in any manner we want. And employing someone is a choice to spend someone's money (property), so the default should be no restrictions on the employers choice, right? So if you think he should have restrictions placed with regards to how he spends his money employing someone in his business, then you need to make that case.

I'm still waiting for someone to do so. It's somewhat sad that people feel so strongly about positions they are utterly unable to defend.
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#142 Nov 12 2013 at 9:17 PM Rating: Default
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Jophiel wrote:

Identical? No. Analogous? Yes.


It's honestly neither. If a group of people is being discriminated against, then the intent should be to be treated as the group who is not being discriminated against, not another discriminated group. So, in other words, if you HAD to choose a group to single out, it should be white men since they are the least discriminated against. "Homosexuals should be able to work just like white men". Given the fact the other groups mentioned are much more discriminated against (with the protection in place) than homosexuals, it's illogical to argue to be treated worse than you are now in attempt to be treated better.

The only reason why people take this approach is not because of any similarity, but because we're a racially sensitive nation. If you can somehow equate someone's sexual struggle with being black, then you should have the same level of sensitivity to both. That's where my beef is at, using another group's struggle as your platform while at the same time being offended when their own struggle is being used as a platform for another group's struggle.
#143 Nov 12 2013 at 9:22 PM Rating: Good
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gbaji wrote:
I'm still waiting for someone to do so.
No you're not. You want a specific answer and are pretending no other is given.
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#144 Nov 12 2013 at 10:00 PM Rating: Good
gbaji wrote:
Belkira wrote:
I'll add that it's also an obvious ploy to endorse an anti-homosexual air without saying that you hate homosexuals.


Sigh. I hate homosexuals exactly as much as I hate short people, or people with bee hive hairdos, or big feet, or any of a hundred other things (which is to say, not at all)


That's my point. The GOP (who does hate homosexuals) provides this false argument to the people who do not harbor hatred for homosexuals so you can still progress their anti-homosexual agenda.


Edited, Nov 12th 2013 10:01pm by Belkira
#145 Nov 12 2013 at 10:14 PM Rating: Excellent
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gbaji wrote:
Sigh. I hate homosexuals exactly as much as I hate [...] (which is to say, not at all)

Explains all the comparisons to pedophiles and drug abusers and felons.

To be fair, I don't think you directly hate them. I think a good percentage of your political party does and you work hard to rationalize that in a manner besides "These people hate gays" and go from there. They compare them to pedophiles and rapists because they hate them and you do it because it's just what you're taught.
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#146 Nov 12 2013 at 10:26 PM Rating: Good
Stop making my point better than I can, Joph. It makes me look bad. Smiley: glare
#147 Nov 13 2013 at 12:22 AM Rating: Good
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gbaji wrote:
You need to make the case as to why this one thing should be added to that small list.


Or...you need to make a case of why it shouldn't be added to that small list. Especially if you are in the minority of people who believe that. If you do a good enough job, you will convince enough people so that it is no longer a minority opinion. HA
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#148 Nov 13 2013 at 12:24 AM Rating: Excellent
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I learnt my lesson from the gay marriage threads to be honest. Saved me a lot of keystrokes.

Edited, Nov 13th 2013 12:24am by Xsarus
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#149 Nov 13 2013 at 12:26 AM Rating: Excellent
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It is somewhat amusing to see the last thrashing attempts to defend a dead position though.
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#150 Nov 13 2013 at 3:32 AM Rating: Default
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Jophiel wrote:
gbaji wrote:
Sigh. I hate homosexuals exactly as much as I hate [...] (which is to say, not at all)

Explains all the comparisons to pedophiles and drug abusers and felons.

To be fair, I don't think you directly hate them. I think a good percentage of your political party does and you work hard to rationalize that in a manner besides "These people hate gays" and go from there. They compare them to pedophiles and rapists because they hate them and you do it because it's just what you're taught.


To be fair, I think it's more complicated than that. There is definitely some hatred, fear and ignorance involved, but the tricky part is that there is some genuine disapproval that isn't tied to any of the aforesaid. This goes back to my statement that I made before, Republicans don't want them around, Democrats want everyone to accept them. Conceptually, they are the same.
#151 Nov 13 2013 at 5:27 AM Rating: Excellent
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