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Source: (consider it) Thread: Dead Horses: U.S. Supreme Court Decision
Alan Cresswell

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# 31

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quote:
Originally posted by HCH:
I have not been able to find any details about the religious affiliation of Ms. Davis. She talks about the Bible but not (as far as I can tell) any specific church.

The best you get in the reports is "Apostolic Christian". But, it is (IMO) interesting that we haven't seen members of her church stand up and support her. There have been plenty of people giving her support, but you would have thought the elders and pastor of her church would have been near the front of her supporters - but they seem to be keeping a very low profile.

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Pigwidgeon

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Apostolic Pentecostal Churches and Ministries -- The link to Morehead Solid Rock Apostolic Church doesn’t work.

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orfeo

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# 13878

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quote:
Originally posted by Golden Key:
One thing I don't understand: didn't she consider that publicity would mean her own rather complicated marital history would come to light? (AIUI: 3 marriages (and divorces?); child with another man; married the kid's father.)

Not condemning her for her history...but maybe she's not the best person to be teaching about ideal marriage?

Of course, she's straight, so that must make everything ok.
[Roll Eyes]

An article I just read suggested that her "conversion" (I put it in quotes because it raises questions about what her religious status was before, and I expect she was nominally Christian) was only in 2011.

In other words, she would ascribe her complicated relationship history to when she was a sinner.

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orfeo

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# 13878

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quote:
Originally posted by Doublethink.:
I think it is reasonable to compromise for existing employees - provided the service is still covered - but people should only be hired who are prepared to do the job as it now is.

Does any private business work like this? How much wiggle room does any employer give to an employee who likes their job exactly as it is and doesn't want management to implement any changes?

The analogy I keep thinking of today (thanks in no small part to Betty Bowers, America's Favorite Christian) is that Davis is like a long-serving waitress at a restaurant who thinks she's earned the right to veto any changes to the menu.

It's fundamentally about where power lies. People don't normally have the power to define their own job unless they are self-employed.

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Net Spinster
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It seems to be the associate pastor of Charity Freewill Baptist Church in Morehead, Randy Smith, that is leading the local support group (or at least showing up in all the articles). The Apostolic Christian church seems to be Pentecostal. There doesn't seem to be much in the way of progressive churches or even standard mainline ones in the area or serving Morehead State University (or maybe they haven't yet learned to use the web).

St. Alban Episcopal
Faith Presbyterian Church
Morehead United Methodist (the only active one on the web one)

Though there are some progressive groups and Morehead passed an anti-discrimination ordinance in 2013 apparently without much controversy (this could well be a case of a liberal college town in a conservative county).


BTW Rowan county seems to be in a fairly pretty section of Kentucky and includes part of the Daniel Boone National Forest (Cumberland section) and edges Cave Run Lake.

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Alan Cresswell

Mad Scientist 先生
# 31

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quote:
Originally posted by Net Spinster:
It seems to be the associate pastor of Charity Freewill Baptist Church in Morehead, Randy Smith, that is leading the local support group (or at least showing up in all the articles). The Apostolic Christian church seems to be Pentecostal.

That's one of the things that seems very strange to me.

If she is acting based on the teaching of her church (whichever one that is), why isn't her pastor (or some other elder) of her church leading the local support group? Why is it a local Baptist minister who has stood up to the post to do that?

The implication, ISTM, is that somewhere along the line she is acting in a manner that her church disapproves of. I doubt that's actually in her definition of marriage - what little I know of Apostolic Churches is that they would hold the same definition. I speculate that the Apostolic Church actually takes a strong line on submission to the governing authorities who hold the sword under God's authority (Romans 13), and that she should either do her job or quit.

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Brenda Clough
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# 18061

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It brings to mind that clerk in the Dickens novel who, whenever invited to do some work at the office, replies, "I should prefer not to."

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Science fiction and fantasy writer with a Patreon page

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mousethief

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# 953

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quote:
Originally posted by orfeo:
quote:
Originally posted by Doublethink.:
I think it is reasonable to compromise for existing employees - provided the service is still covered - but people should only be hired who are prepared to do the job as it now is.

Does any private business work like this? How much wiggle room does any employer give to an employee who likes their job exactly as it is and doesn't want management to implement any changes?

The analogy I keep thinking of today (thanks in no small part to Betty Bowers, America's Favorite Christian) is that Davis is like a long-serving waitress at a restaurant who thinks she's earned the right to veto any changes to the menu.

It's fundamentally about where power lies. People don't normally have the power to define their own job unless they are self-employed.

Thank you for this. I had been looking for a way to describe exactly this but have been unable to come up with the words.

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Golden Key
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# 1468

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A rabbi* has written a blog piece about saving Kim's soul. There's a comment by WTG which tries to untangle which kind of Apostolic church she attends.


*Interesting guy, with very funny bio in the "About" section. MT, I think you'd like him.

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Gee D
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No Prophet etc, thanks for that link to the Saskatchewan case. It reads as a much better argued decision than that recently decided by the US Supreme Court - solid reference to statute and authority and well reasoned. The US got the right answer but a D- for quality of decision making.

Surely her lawyers could point out to Ms Davis that she is simply performing a civil function, not a religious one, in issuing licences. Does she allow a very strange dislike of dogs prevent her issuing a dog licence?

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Penny S
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# 14768

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Odd stuff now emanating from her lawyer, claiming that the licences issued by her deputies have no status. He also claims that she is the equal of Martin Luther King in standing up for her beliefs.

[brick wall]

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Tortuf
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# 3784

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Her lawyer has an agenda other than giving her the best legal advice possible for her present situation. Her lawyer works for a group that is opposed to gay marriage. My thought is that her lawyer is looking at the great PR and fund raising opportunities the jailing brings.

I would say he is violating his duty to her as an attorney except that - looking down the line to when she gets out of jail - she will have it made on the speech and personal appearance circuit. She will be a hero.

I could be entirely wrong (and often am) and I think this whole episode points out the problem with religious belief that conceives a wrathful and punishing god.*

This woman has led an - interesting - life and has only recently "converted." She was also raised in an atmosphere where all kinds of people and behaviors were condemned as being sinful and not Christian. What better way to demonstrate to a wrathful god that you have changed and are worthy of being saved than to be splayed on the altar of what you think god needs help getting done right?

I know how awful it is to fear God. Had I been raised in a church community that spoke of the punishments meted out in Hell when you piss off god I am pretty sure I would do all kinds of crazy things to make sure I didn't end up in the Lake of Fire. Shit, I did enough crazy stuff as it was.
___________
*Nope. The god referenced here is not my conception of God, hence no capitalization.

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orfeo

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# 13878

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quote:
Originally posted by Penny S:
He also claims that she is the equal of Martin Luther King in standing up for her beliefs.

Well, arguably she is. That doesn't say anything about the quality of her beliefs as compared to Martin Luther King's.

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Alan Cresswell

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# 31

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quote:
Originally posted by Tortuf:
Her lawyer has an agenda other than giving her the best legal advice possible for her present situation. Her lawyer works for a group that is opposed to gay marriage. My thought is that her lawyer is looking at the great PR and fund raising opportunities the jailing brings.

I would expect that deliberately giving a client substandard legal advice would be unprofessional. That first sentence looks like a definitive statement to that effect. I assume you're trying to say that he did give Ms Davies what he considered the best legal advice possible. And, that by happy coincidence for the group he works for the outcome raises great PR and fund raising opportunities.

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no prophet's flag is set so...

Proceed to see sea
# 15560

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quote:
Originally posted by orfeo:
quote:
Originally posted by Penny S:
He also claims that she is the equal of Martin Luther King in standing up for her beliefs.

Well, arguably she is. That doesn't say anything about the quality of her beliefs as compared to Martin Luther King's.
Arguably she is not. MLK spent a lifetime doing his work. This person has not shown any sort of comparable commitment.

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mousethief

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# 953

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quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by orfeo:
quote:
Originally posted by Penny S:
He also claims that she is the equal of Martin Luther King in standing up for her beliefs.

Well, arguably she is. That doesn't say anything about the quality of her beliefs as compared to Martin Luther King's.
Arguably she is not. MLK spent a lifetime doing his work. This person has not shown any sort of comparable commitment.
Perhaps she will write the "Letter from the Rowan County Jail," which will galvanize an entire generation, and shame non-homophobes into taking up her cause.

quote:
Originally posted by Penny S:
Odd stuff now emanating from her lawyer, claiming that the licences issued by her deputies have no status.

As if her will is the determinant of the validity of the county's marriage licenses? Somebody's head is several sizes too large for their shoulders.

[ 05. September 2015, 14:39: Message edited by: mousethief ]

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Net Spinster
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# 16058

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Speculation on my part

The quality of the lawyers' advice to the clerk also depends on what both want. If the lawyers were fully honest with her on what would happen and fully laid out her alternatives and what was legal (at least under US/Kentucky law though not necessarily under what what they consider God's law) and she still decided to take the route of martyr then that is her call. I suspect the lawyers were careful in what they did to make sure they didn't cross the line into having the judge jail them for contempt or have them referred to investigation for misconduct.

BTW her lawyers may have a slight case on the licenses not being valid. Kentucky law vests that power in the County Clerk and gives her authority to hire deputies to help her do her job; in an absence of the Clerk the County Executive/Judge (Walter Doc Blevins) has that power. If she hasn't given them that authority (or has revoked it or fires them), they may not be allowed to issue marriage licenses. Now she hasn't fired them which would make clear her revocation of that authority. The next step might be what she, her lawyers, and the state do when the paperwork is returned and filed with the state. Will she officially notify the state that her deputies don't have the authority to issue licenses (as opposed to unofficially through her lawyer's statements to the press)?

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no prophet's flag is set so...

Proceed to see sea
# 15560

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This is an interesting parallel. Moslem flight attendence refusing to serve alcohol. Should she be forced to or be canned?

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\_(ツ)_/

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lilBuddha
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# 14333

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quote:
Originally posted by orfeo:
quote:
Originally posted by Penny S:
He also claims that she is the equal of Martin Luther King in standing up for her beliefs.

Well, arguably she is. That doesn't say anything about the quality of her beliefs as compared to Martin Luther King's.
Piss poor argument it would be. One fought for the freedom from oppression and the other fights for the freedom to oppress. All POV are not equal, so the struggles to maintain them are not equally comparable.
It is massively insulting when such tools insist on tarnishing by association.
/end predictable, but entirely correct, rant

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Tortuf
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# 3784

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quote:
Originally posted by Alan Cresswell:
I assume you're trying to say that he did give Ms Davies what he considered the best legal advice possible. And, that by happy coincidence for the group he works for the outcome raises great PR and fund raising opportunities.

I don't know if he gave her the best legal advice he was capable of giving or not. I know that he has what appears to be a conflict of interest in that his goal is PR and fundraising and hers might well be keeping her person out of jail - as long as she was receiving decent advice. Last I checked, even the appearance of a conflict is enough to bring up all kinds of duties on the part of a lawyer. Don't know what he did, or didn't do. Don't really care.

Her legal position is indefensible. She is not in that clerks office to uphold the Bible, her religious convictions, or any agenda other than carrying out her sworn duties under the law. She is deliberately not doing so and is properly being held in contempt of court.

The whole argument about religious freedom falls apart like a wet paper bag when you ask a few simple questions:

Do the couples who want to get married have religious freedom also?

Did she have the option of resigning her office?

Did she take an oath to uphold the Constitution of the United States and the Constitution of Kentucky?

Was there anywhere in her oath a command to foist her religious views off on the citizens of her county?

Because she refuses to resign her office her religious freedom conflicts with the religious freedoms of the citizens for whom she is a public servant. She remains free to have any views she wants about gay marriage and is welcome to espouse those views from the rooftops - as long as she is not dragging a government along with her - as she is now.

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Soror Magna
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# 9881

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quote:
Originally posted by orfeo:
...
In other words, she would ascribe her complicated relationship history to when she was a sinner.

As well as her unwillingness to do her job - as a reformed sinner, it's now her job to point out other people's sins.

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Soror Magna
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quote:
Originally posted by no prophet's flag is set so...:
This is an interesting parallel. Moslem flight attendence refusing to serve alcohol. Should she be forced to or be canned?

From the article
quote:
Masri said the arrangement Stanley had with other attendants to serve alcohol for her had been working out fine since Stanley converted to Islam about a month after becoming a flight attendant for ExpressJet.

"I don't think that I should have to choose between practicing my religion properly or earning a living," Stanley said. "I shouldn't have to choose between one or the other because they're both important."

Has she also made arrangements with her colleagues so that she doesn't have to serve non-halal food? Or serve women who aren't modestly dressed or properly veiled? IANAM, but what's she doing in an airplane with all those men who aren't relatives? And she knows that most people pay for their tickets with credit cards, right? Many airlines based in Muslim countries serve alcohol on their flights. If you're flying Emirates, you can check the wine list on your flight, FFS.

Cases like this make me cranky. Having seen first-hand the barriers that keep e.g. people with disabilities out of so many workplaces, not just airplanes, ISTM she's quite fortunate that her version of her religion allows her to pick and choose her workplace limitations. [Disappointed]

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"You come with me to room 1013 over at the hospital, I'll show you America. Terminal, crazy and mean." -- Tony Kushner, "Angels in America"

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lilBuddha
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GoFundMe has said "No, Fundie". The crowd funding site has refused her the permission to mount a campaign.

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mousethief

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quote:
"I don't think that I should have to choose between practicing my religion properly or earning a living," Stanley said. "I shouldn't have to choose between one or the other because they're both important."
As if that is the only job in the world?

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Dafyd
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# 5549

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quote:
Originally posted by Brenda Clough:
It brings to mind that clerk in the Dickens novel who, whenever invited to do some work at the office, replies, "I should prefer not to."

I think you're thinking of Bartleby the Scrivener, a short story by Melville.

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no prophet's flag is set so...

Proceed to see sea
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Quite so MT. Living one's religion and not imposing it nor hourself on others was a basic value thumped into me. Not drinking herself, and the Kentucky Fried Vixen not marrying a woman if she marries a fourth time should be sufficient to please Baal.

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Alan Cresswell

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# 31

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quote:
Originally posted by no prophet's flag is set so...:
This is an interesting parallel. Moslem flight attendence refusing to serve alcohol. Should she be forced to or be canned?

Despite the headline, the article says she was put on administrative leave after a colleague complained about her head scarf. That, to me, sounds like discrimination - unless someone can come up with a reason why wearing a head scarf hindered her ability to do the job. The article implies that serving alcohol, or not, wasn't a problem since she had worked up a suitable arrangement with colleagues that allowed her to uphold her belief against serving alcohol (and, it doesn't matter one jot whether that's a mainstream Muslim belief, or her own personal belief) while allowing customers to have a beer if they wanted.

Surely that is what tolerance for the beliefs of others is about? The compromises that allow for different principles to coexist.

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Don't cling to a mistake just because you spent a lot of time making it.

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orfeo

Ship's Musical Counterpoint
# 13878

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quote:
Originally posted by lilBuddha:
quote:
Originally posted by orfeo:
quote:
Originally posted by Penny S:
He also claims that she is the equal of Martin Luther King in standing up for her beliefs.

Well, arguably she is. That doesn't say anything about the quality of her beliefs as compared to Martin Luther King's.
Piss poor argument it would be. One fought for the freedom from oppression and the other fights for the freedom to oppress. All POV are not equal, so the struggles to maintain them are not equally comparable.

Is that actually any different to what I said?

She's going to jail for her beliefs. All you're pointing out is that her beliefs are appallingly stupid. I know that.

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lilBuddha
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I think it is different. Perhaps because one can argue anything but the term arguable does not typically mean this. In general use, arguably is used to define a strong point with which others might disagree.
I do not think comparing this idiot to Dr. King a reasonable thing, much less a solid argument.
Because, yes, she is willing to be jailed for her beliefs. However, when a comparison like this is done, it is not done on technical points, but is used to compare character or merit.
This is what here attorney is attempting.
Fasting doesn't make you Gandhi.

I don't think you think she is anything like MLK.

I suppose what I'm doing is sneering at her lawyer and being pedantic about your phrasing.

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Curiosity killed ...

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# 11770

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quote:
Originally posted by Alan Cresswell:
quote:
Originally posted by no prophet's flag is set so...:
This is an interesting parallel. Moslem flight attendence refusing to serve alcohol. Should she be forced to or be canned?

Despite the headline, the article says she was put on administrative leave after a colleague complained about her head scarf. That, to me, sounds like discrimination - unless someone can come up with a reason why wearing a head scarf hindered her ability to do the job. The article implies that serving alcohol, or not, wasn't a problem since she had worked up a suitable arrangement with colleagues that allowed her to uphold her belief against serving alcohol (and, it doesn't matter one jot whether that's a mainstream Muslim belief, or her own personal belief) while allowing customers to have a beer if they wanted.

Surely that is what tolerance for the beliefs of others is about? The compromises that allow for different principles to coexist.

From their headscarves, most of the female servers who work in the McDonalds I used to take my student were Muslim. They didn't have any problem serving my student with a double bacon and egg McMuffin when we went there.

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Mugs - Keep the Ship afloat

Posts: 13794 | From: outiside the outer ring road | Registered: Aug 2006  |  IP: Logged
Golden Key
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# 1468

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There was a rally of supporters outside the jail.

BTW, I heard, a day or two ago, that she didn't just stop SSM licenses, but ALL marriage licenses. That sounds more like creating political drama than following beliefs.

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--"Oh bat bladders, do you have to bring common sense into this?" (Dragon, "Jane & the Dragon")
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Posts: 18601 | From: Chilling out in an undisclosed, sincere pumpkin patch. | Registered: Oct 2001  |  IP: Logged
Alan Cresswell

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# 31

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quote:
Originally posted by Golden Key:
BTW, I heard, a day or two ago, that she didn't just stop SSM licenses, but ALL marriage licenses.

That has been widely reported, and that at least one of the couples who brought the initial suit were a heterosexual couple who had also been unable to get a license.

I suppose it makes some sort of sense. Many of those heterosexual couples might be engaging in a "non-Biblical marriage". They may have already been divorced 3 times and seeking to remarry their second husband.

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Don't cling to a mistake just because you spent a lot of time making it.

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Tortuf
Ship's fisherman
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I see her thought process as a parallel of one of my (many) character defects. "If I can't have this my way then no one gets to have any."

While I disagree with this woman about her views, * I have some sympathy for her. She has somehow got it into her head that she is doing the right thing for the right reasons - defending God from the assault of those damn liberals -. My guess is that she conceives of herself as a hero and wonders why God is letting her be persecuted. She does not see her problems as emanating from her, but from "them." And she has a lot of help with that notion.

I have a lot of experience with living in a delusional narrative and I can assure you that it only leads to bad things.

Of course, I go back to she has a bright future on the ultra circuit. So, economically, she should be well off. Otherwise . . .


_______
* To (more or less) quote the beloved Gator, She is as wrong as a wrong thing can be wrong.

Posts: 6963 | From: The Venice of the South | Registered: Dec 2002  |  IP: Logged
mousethief

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# 953

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quote:
Originally posted by Tortuf:
My guess is that she conceives of herself as a hero and wonders why God is letting her be persecuted.

I hope that's not the case, as that would show gross ignorance of the words of Christ and willing disconnect from the legions of Christian martyrs down through the centuries. Sadly this kind of thinking is rampant in 21st century American Christianity (or Christianism). It's a corollary of the prosperity gospel, and to a lesser extent of popular Calvinism.

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This is the last sig I'll ever write for you...

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lilBuddha
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quote:
Originally posted by mousethief:
quote:
Originally posted by Tortuf:
My guess is that she conceives of herself as a hero and wonders why God is letting her be persecuted.

I hope that's not the case, as that would show gross ignorance of the words of Christ and willing disconnect from the legions of Christian martyrs down through the centuries. Sadly this kind of thinking is rampant in 21st century American Christianity (or Christianism). It's a corollary of the prosperity gospel, and to a lesser extent of popular Calvinism.
And, in this sentence, you give testimony to why what you hope is wrong is actually correct.

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I put on my rockin' shoes in the morning
Hallellou, hallellou

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Soror Magna
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quote:
Originally posted by Alan Cresswell:
Despite the headline, the article says she was put on administrative leave after a colleague complained about her head scarf. That, to me, sounds like discrimination - unless someone can come up with a reason why wearing a head scarf hindered her ability to do the job. The article implies that serving alcohol, or not, wasn't a problem since she had worked up a suitable arrangement with colleagues ...

That comment made me wonder whether management approved her arrangement. If they did, then they should have stood by her. If they didn't, that puts the employer in a very bad spot. First of all, they can't do their legal duty to accommodate an employee if they don't know about the employee's needs. Second of all, they can't download the duty to accommodate to the employees to figure out on their own. And third, while employees on a good team will help each other out, management still has the right to say, "No, Fred, you can't do Joe's filing for him."

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"You come with me to room 1013 over at the hospital, I'll show you America. Terminal, crazy and mean." -- Tony Kushner, "Angels in America"

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mousethief

Ship's Thieving Rodent
# 953

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quote:
Originally posted by lilBuddha:
And, in this sentence, you give testimony to why what you hope is wrong is actually correct.

I know. I did that on purpose.

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This is the last sig I'll ever write for you...

Posts: 63536 | From: Washington | Registered: Jul 2001  |  IP: Logged
Alan Cresswell

Mad Scientist 先生
# 31

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quote:
Originally posted by Soror Magna:
quote:
Originally posted by Alan Cresswell:
Despite the headline, the article says she was put on administrative leave after a colleague complained about her head scarf. That, to me, sounds like discrimination - unless someone can come up with a reason why wearing a head scarf hindered her ability to do the job. The article implies that serving alcohol, or not, wasn't a problem since she had worked up a suitable arrangement with colleagues ...

That comment made me wonder whether management approved her arrangement. If they did, then they should have stood by her. If they didn't, that puts the employer in a very bad spot. First of all, they can't do their legal duty to accommodate an employee if they don't know about the employee's needs. Second of all, they can't download the duty to accommodate to the employees to figure out on their own. And third, while employees on a good team will help each other out, management still has the right to say, "No, Fred, you can't do Joe's filing for him."
The particular article provided seems to have a vast number of holes, and therefore it's almost impossible to know what the truth of the story is.

I know the airline in question operates in the US, where the law is different from the UK. But, in the UK it would be a legal requirement of the employer to make all reasonable arrangements to accomodate this woman who has different requirements because of her religious belief. Certainly amendments to the cabin crew uniform code to allow her to wear a headscarf, and presumably trousers if there was previously an insistance previously on female cabin crew wearing skirts, fall well within the definition of "reasonable" as far as I can tell - they don't cost the company anything, they can't hamper the ability of people to do their job etc. I'm not a lawyer, but I would think that the colleague complaining about this (if the complaint was just about the headscarf) could probably be guilty of harrassment under equality legislation, and therefore be facing disciplinary action by the airline rather than the Muslim woman. Whether arrangements that meant someone else served any alcohol customers ordered are reasonable is probably more debatable. Part of it would be a question of how big a part of her job that would be - if only a handful of people on a flight order alcohol then someone else stepping in would have a very small impact, if practically everyone was ordering alcohol then such an arrangement would be a considerable burden on other cabin staff and so may be unreasonable. The article suggests that her colleagues didn't find it a great burden to accomodate her religious beliefs, implying that serving alcohol wasn't a big part of the job.

But, US law is different from UK law, and all I know of UK law comes from the courses on equality and discrimination that the university insists everyone take. Those courses certainly imply big differences in some cases - for example it would be illegal for a baker to refuse to bake a wedding cake solely on the basis of the couple being two men, which judging by media reporting from the US wouldn't be the case there.

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Don't cling to a mistake just because you spent a lot of time making it.

Posts: 32413 | From: East Kilbride (Scotland) or 福島 | Registered: May 2001  |  IP: Logged
Net Spinster
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# 16058

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In the US anti-discrimination laws on sexual orientation exists only in some states. So there is now the situation that two men can get married but then be fired even from completely non-religious businesses in many states for being gay.

The law against religious discrimination is federal (though some states also have laws in addition). I agree that we have insufficient info on the airline case.

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spinner of webs

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Crœsos
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# 238

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Part of the problem with "accommodating" Kim Davis is that she has already rejected the notion of someone else issuing the marriage licenses in Rowan County. According to her (or her attorneys) she objects to the fact that such licenses would still carry her name as the county clerk, even if someone else is listed as the issuer. I'm not sure there's a way to accommodate that while still allowing legally qualified couples to get marriage licenses.

quote:
Originally posted by Net Spinster:
BTW her lawyers may have a slight case on the licenses not being valid. Kentucky law vests that power in the County Clerk and gives her authority to hire deputies to help her do her job; in an absence of the Clerk the County Executive/Judge (Walter Doc Blevins) has that power. If she hasn't given them that authority (or has revoked it or fires them), they may not be allowed to issue marriage licenses. Now she hasn't fired them which would make clear her revocation of that authority.

I'm skeptical of this argument. I'm not entirely sure that a county clerk can depute their authority piecemeal like that. Even if they could it seems unlikely that they could legitimately limit such deputation in a manner explicitly forbidden by a court order.

And then this happened yesterday:

quote:
A group of anti-gay Christians took to the residence of United States District Judge David Bunning on Monday.

Bunning, who lives on Carrington Point in Ft. Thomas, has been the target of such activists since his multiple rulings involving Rowan Co. Clerk Kim Davis who is now in a Carter Co. jail cell over her refusal to issue marriage licenses. Davis has refused to perform her job duties in Morehead since the U.S. Supreme Court ruled that same-sex marriage is a right nationwide.

A news release issued by Rev. Flip Benham said that "Christians from all over the country" were going to be present in front of Bunning's house. There were more than a dozen protestors holding signs that preached against homosexuality and that called for the release of Davis from jail. Benham is the North Carolina-based leader of Operation Save America, which takes a position against abortion. He has previously been found guilty of stalking an abortion doctor in Charlotte.

For those unfamiliar with the group, Operation Save America is the renamed Operation Rescue, a group connected in one way or another with virtually every U.S. abortion doctor assassination of the past couple decades. Essentially this is a terrorist group showing up to threaten a federal judge.

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Humani nil a me alienum puto

Posts: 10706 | From: Sardis, Lydia | Registered: May 2001  |  IP: Logged
Leorning Cniht
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# 17564

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quote:
Originally posted by Curiosity killed ...:
From their headscarves, most of the female servers who work in the McDonalds I used to take my student were Muslim. They didn't have any problem serving my student with a double bacon and egg McMuffin when we went there.

It all comes down to a question of what accommodation is "reasonable", and that's guaranteed to have fuzzy edges. It seems obvious that it's would be unreasonable for a McDonald's employee to refuse to sell bacon, or for a bartender to refuse to serve alcohol.

On a domestic flight, I could see a member of the cabin crew not wanting to serve alcohol being possible - not many passengers buy alcohol, so it's easy to summon a colleague. On a long-haul flight, where free wine and beer is available, it wouldn't be practical to have someone doing the drinks service who couldn't actually serve the drinks.

UK shipmates will no doubt remember the case of Nadia Eweida, an employee of British Airways who was placed on unpaid leave for refusing to cover up a small cross necklace. Her case ultimately went to the European Court of Human Rights, which ruled that in banning the necklace, BA had not struck a fair balance between its desire for a uniform corporate image and Ms. Eweida's desire to express her faith.

BA had argued that it allowed Muslim employees to wear headscarves, and Sikh employees to wear turbans, as those garments were necessary parts of their religions. By contrast, it argued that Ms. Eweida was not required to wear her cross, and so it was within its rights to forbid it.

The EHCR's ruling rejected this bright line division of people's religious observance into things "required" and "not required".

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no prophet's flag is set so...

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# 15560

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quote:
Originally posted by Tortuf:
... living in a delusional narrative and I can assure you that it only leads to bad things.

"delusional narrative" is a helpful phrase.

Evidently she feels she is the Persecuted One, that she is part of a Godly Good Group which requires defence, that her principles trump people. Trumping people, thumping people. She like everyone, likes to see justice done to someone else. We are all miserable failures even in our attempts to sin.

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Out of this nettle, danger, we pluck this flower, safety.
\_(ツ)_/

Posts: 11498 | From: Treaty 6 territory in the nonexistant Province of Buffalo, Canada ↄ⃝' | Registered: Mar 2010  |  IP: Logged
lilBuddha
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quote:
Originally posted by no prophet's flag is set so...:
quote:
Originally posted by Tortuf:
... living in a delusional narrative and I can assure you that it only leads to bad things.

"delusional narrative" is a helpful phrase.

Evidently she feels she is the Persecuted One, that she is part of a Godly Good Group which requires defence, that her principles trump people. Trumping people, thumping people. She like everyone, likes to see justice done to someone else. We are all miserable failures even in our attempts to sin.

it comes down to harm.* Do your principals harm others? Hers do, whilst what she opposes does not.

*For some issues, it is not simple, but for this one it is.

Originally posted by Leorning Cniht:
quote:
On a domestic flight, I could see a member of the cabin crew not wanting to serve alcohol being possible - not many passengers buy alcohol, so it's easy to summon a colleague. On a long-haul flight, where free wine and beer is available, it wouldn't be practical to have someone doing the drinks service who couldn't actually serve the drinks.
if the other attendants wish to accommodate her, fine. But the airline has no obligation and is within its rights to consider her failure to comply as actionable.

--------------------
I put on my rockin' shoes in the morning
Hallellou, hallellou

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HCH
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# 14313

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An aside to Brenda Clough: I believe you are referring to "Bartleby the Scrivener", written by Herman Melville.
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Tortuf
Ship's fisherman
# 3784

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She is being released.
Posts: 6963 | From: The Venice of the South | Registered: Dec 2002  |  IP: Logged
lilBuddha
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As she has essentially promised not to comply with the conditions, that will work out nicely.

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I put on my rockin' shoes in the morning
Hallellou, hallellou

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Leorning Cniht
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# 17564

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quote:
Originally posted by lilBuddha:
if the other attendants wish to accommodate her, fine. But the airline has no obligation and is within its rights to consider her failure to comply as actionable.

(In Europe, the airline would have an obligation to reasonably accommodate her. I see Alan Cresswell has already made this point.)

It does raise an amusing point, though. There are many cases in which a minority religious preference can be reasonably accommodated: if you have several alternative staff members, and the thing in question is not a central part of your business, then it doesn't seem like a huge hardship to ask one of the other members of the cabin crew to deal with the alcohol sales (for example).

But what if the religious preference is less minority? What if all the members of cabin crew working on a particular flight were Muslims opposed to the sale of alcohol? Can you accommodate them all? Or do you only allow one slot for an alcohol objector per flight?

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orfeo

Ship's Musical Counterpoint
# 13878

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quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by Curiosity killed ...:
From their headscarves, most of the female servers who work in the McDonalds I used to take my student were Muslim. They didn't have any problem serving my student with a double bacon and egg McMuffin when we went there.

It all comes down to a question of what accommodation is "reasonable", and that's guaranteed to have fuzzy edges. It seems obvious that it's would be unreasonable for a McDonald's employee to refuse to sell bacon, or for a bartender to refuse to serve alcohol.

On a domestic flight, I could see a member of the cabin crew not wanting to serve alcohol being possible - not many passengers buy alcohol, so it's easy to summon a colleague. On a long-haul flight, where free wine and beer is available, it wouldn't be practical to have someone doing the drinks service who couldn't actually serve the drinks.

UK shipmates will no doubt remember the case of Nadia Eweida, an employee of British Airways who was placed on unpaid leave for refusing to cover up a small cross necklace. Her case ultimately went to the European Court of Human Rights, which ruled that in banning the necklace, BA had not struck a fair balance between its desire for a uniform corporate image and Ms. Eweida's desire to express her faith.

BA had argued that it allowed Muslim employees to wear headscarves, and Sikh employees to wear turbans, as those garments were necessary parts of their religions. By contrast, it argued that Ms. Eweida was not required to wear her cross, and so it was within its rights to forbid it.

The EHCR's ruling rejected this bright line division of people's religious observance into things "required" and "not required".

However, there was also another case of a nurse who was banned from wearing a cross and the EHCR upheld the ban, because dangling jewellery of any kind was an infection risk in certain settings.

This is the thing about context. It's different in every case, and it matters. The context of Davis is that she's the head of her office and has not just been not processing the marriage paperwork, she has been preventing anyone in the office from processing the paperwork (in part presumably because it would have her name on it as the office-holder).

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Technology has brought us all closer together. Turns out a lot of the people you meet as a result are complete idiots.

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Cottontail

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# 12234

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quote:
Originally posted by Leorning Cniht:
It does raise an amusing point, though. There are many cases in which a minority religious preference can be reasonably accommodated: if you have several alternative staff members, and the thing in question is not a central part of your business, then it doesn't seem like a huge hardship to ask one of the other members of the cabin crew to deal with the alcohol sales (for example).

But what if the religious preference is less minority? What if all the members of cabin crew working on a particular flight were Muslims opposed to the sale of alcohol? Can you accommodate them all? Or do you only allow one slot for an alcohol objector per flight?

I heard a talk a year ago by a member of the Prison Service in Scotland about how they process trans prisoners. When a prisoner is first admitted, they have an intimate body search. To preserve dignity as far as possible in a situation which is unpleasant for everyone involved, male prison officers search male prisoners, and female officers search female prisoners.

Their new policy is that a trans prisoner is asked what gender they want to be searched as. If a trans woman says 'female', then a woman prisoner officer will do the search. However, this means that she may be searching someone who still has male genitalia. The woman prison officer may well have principled or religious objections to this, and it seems that this can be a particular issue for Muslim officers.

The speaker on this occasion reminded us that religious belief is a protected characteristic, as is transgender status. The prison service did not want to force any of their staff to act contrary to their beliefs, and if another woman prison officer were available to do the search, then that would be a reasonable accommodation. However, if no one else were available to do the search, then the prisoner's rights trump the prison officer's. This is because the prisoner is the more vulnerable in this situation, and because it is the prison officer's job to take care of the prisoner.

This seems to me to be a very reasonable way forward (the potential office-politics-nightmare notwithstanding). I think I am right (?) that in Scotland, it is the registrar's office, and not the individual registrar, that is responsible for issuing marriage schedules and for conducting some civil weddings. So if a registrar has strong beliefs against same-sex marriage, the office should be able to accommodate them as long as someone else is available to do the job. But if no one else is available, then the client's rights come first.

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"I don't think you ought to read so much theology," said Lord Peter. "It has a brutalizing influence."

Posts: 2377 | From: Scotland | Registered: Jan 2007  |  IP: Logged
Siegfried
Ship's ferret
# 29

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quote:
Originally posted by Tortuf:
She is being released.

She will return to work on Friday or Monday--apparently her ordeal has left her a bit ragged, poor dear--and is refusing to say whether she'll abide by the terms of her release (not to interfere in the issuance of licenses) or again block licenses.

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Siegfried
Life is just a bowl of cherries!

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