Tuesday, June 05, 2018

Authentic art from the heart versus non discrimination. Maybe rules could be slightly bent to avoid a winner take all battle

Here in Washington State we have another artist versus non discrimination case. I guess it's similar to the case in yesterday's news about the baker in from Colorado. Here in Washington, the case is about a florist.

I can somewhat sympathize with the florist even though I am a supporter of LGBTQ civil rights. While I think civil rights that are based on sexual orientation are as valid as civil rights based on anything else, I also believe that there are lots of grey areas in laws. In some cases, rules can be bent versus trying to force everyone into a single mold. If I was getting married, I wouldn't want the person baking my cake or arraigning the flowers to be doing it under duress. For that important milestone in my life, I would want an artist who's heart was in my favor.

While saying this, I realize that our society is in a culture war and I do worry, a bit, about my side (basically left) often seeming to try and be reasonable, to acquiesce in the name of civility if the "other side" doesn't ever compromise or give an inch. There's a phrase that goes, "nice guys (or I should say nice people) finish last." It's too bad that we have gotten into such a "winner take all" culture war that each side feels we can't try and be reasonable.

Apparently, according to this video, the florist and the gay couple had a good understanding and respect for one another. She didn't mind referring the couple to another florist. They were even able to remain customers for other items, like buying flowers off the shelf that wouldn't require something from the heart of an artist. It wasn't until Washington State Attorney General got involved making this a test case for LGBTQ civil rights that it became a high stakes battle.

I believe civil rights laws, including LGBTQ rights, should stand, but I also believe in trying to be reasonable before things have to end up in court or in a winner take all war.

That being said, I do still worry about Republicans controlling pretty much all branches of Federal Government, these days. As for the culture war, we do need to elect more Democrats to office. At the same time, we, on both sides, can try and be, at least somewhat, accommodating of our fellow citizens.

This discussion about the Colorado case was interesting. I continue thinking flexibility in interpretation of laws can help versus a winner take all case before the Supreme Court. Especially this Supreme Court at the federal level as it's likely to not rule in our favor. Trump is breaking records appointing justices to federal courts that Congress seems to be all but rubber stamping.

Personally, I feel like sexual orientation is similar to religion in one way. People will sometimes say that race is genetic while sexual orientation is not. Well, religion is not genetic either and it's still one of the first 4 protected classes. Race, Religion, Creed and National Origin. Of course I also realize that sexual orientation may have deep biological roots; deeper than religion, but some would still dispute that.

As for whether religious rights has anything to do with the artist's claim for protecting her free speech, I don't feel religion should create a special exclusion. I would base my leniency, toward her, on the First Amendment and the right to not be compelled to express ideas one disagrees with.