Damned if you do and damned if you don't.

30 Jan 2015 13:54 #61 by PrintSmith
And apparently you are unable to distinguish between a home that is already built and offered for sale and one that doesn't yet exist. One is covered under the so-called Fair Housing Act and one is not.

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30 Jan 2015 14:07 #62 by Brandon
For reasons that are probably obvious to everyone except for you, I'm not going to take your legal opinions as authoritative. Do you understand that a business owned by someone with a diseased mind can choose not to be a public accommodation, and so not have to offer services to members of protected classes?

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30 Jan 2015 14:21 #63 by PrintSmith
You don't have to take my word on it Brandon, ask a lawyer if a contractor can be compelled to enter into a contract with a homosexual couple to build a custom home for the couple against the contractor's will and see what the lawyer says.

I'll bet you a bright shiny new Roosevelt fiat dime that the lawyer sides with me and says that building a custom home is a matter of contract and not one of public accommodation . . .

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30 Jan 2015 14:25 #64 by Brandon
Cute tap dance, but what about the question that's been posed to you at least twice now?

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30 Jan 2015 14:53 #65 by PrintSmith
I'm still waiting for the reasoned and logical argument as to why a contractor building a custom home is a matter of contract and why a baker baking a custom cake is a public accommodation. Regurgitating existing law doesn't do that given the fact that separate but equal laws were regurgitated for nearly a century before, correctly, being overturned.

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30 Jan 2015 15:20 #66 by Brandon
Your question assumes that a building contractor could legally deny services based on race, which I very much doubt is true. You'd probably like it to be true, but as with so very many other things, that doesn't make it so.

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30 Jan 2015 15:27 #67 by PrintSmith
I don't think it's true Brandon, I know it is, your ignorant doubt about that fact notwithstanding. And the reason they can refuse to build a custom home for a black couple, or a mixed race couple, or a homosexual couple, or a Christian couple, or a couple of any description is that the building of a custom home is a matter of contract. One cannot be forced to be party to a contract. Contracts, to be valid, have to be voluntarily entered into.

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30 Jan 2015 15:33 #68 by Brandon
Provide a link, since your opinion is utterly worthless.

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30 Jan 2015 15:58 #69 by ZHawke
Replied by ZHawke on topic Damned if you do and damned if you don't.

Brandon wrote: Provide a link, since your opinion is utterly worthless.


Oh, Brandon - you've just committed the cardinal sin of asking P for a link. Don't you know by now his opinions, his logic, his "facts" presented by no one other than himself are supposed to suffice in all things debated?

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30 Jan 2015 16:53 #70 by ScienceChic
There have been some interesting scenarios tossed out here, thank you for the mental exercise Gents. There seems to be some fuzziness between discrimination that is prohibited based on employment and based on contract work. I haven't spent a lot of time researching this, and I'm certainly no lawyer, but here's what I've found so far.

home.ubalt.edu/shapiro/rights_course/Chapter8text.htm

VIII. PROHIBITING PRIVATE DISCRIMINATION

As we have seen in an earlier chapter, the equal protection clause of the Fourteenth Amendment prohibits most discrimination on the basis of race and gender (and also alienage and national origin), but only when practiced by the government. The Supreme Court held in The Civil Rights Cases in 1883, that Congress did not have the power under the Fourteenth Amendment to prohibit discrimination practiced by private parties. Similarly, it would be illegal for a state to discriminate on the basis of a person’s religious belief, but this prohibition under the First Amendment (which was made applicable to the states under the Fourteenth Amendment), would not apply to private conduct.

Therefore, as late as 1960, an employer could refuse to hire a woman, a restaurant owner could refuse service to a black person, and a landlord could refuse to rent an apartment to a Jewish person. Although individual states were free, using their general police power, to prohibit these kinds of discrimination, very few had done so. Starting in the 1960’s, however, Congress has been able to prohibit many forms of private discrimination using its power under other sections of the Constitution.

The three main sources of power that Congress has used to this effect have been: its power under the Thirteenth Amendment (which prohibited slavery), its power over the federal purse, and its power to regulate interstate commerce. Congress’s powers under each of these sections is different, both in terms of who may be prohibited from discriminating and also what kind of discrimination may be prohibited. Some of the statutes passed by Congress under each of these powers have overlapped, so that certain conduct is controlled by several different statutes. There are also certain kinds of private discrimination which Congress either may not constitutionally reach, or has chosen not to. The next sections will examine the coverage of various statutes passed under each of these powers.


Minnesota has a Contract-Based Discrimination Law in place, I can't find if Colorado or any other state has something similar.
Contract-Based Discrimination for *Some* Independent Contractors Under the MHRA
By Grant T. Collins on July 1, 2010

We all know that the Minnesota Human Rights Act prohibits employment discrimination. However, a little-known provision in that law also bans contract-based discrimination, which makes it illegal for a person engaged in a trade or business:

… to intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract because of a person’s race, national origin, color, sex, sexual orientation, or disability, unless the alleged refusal or discrimination is because of a legitimate business purpose.


"Now, more than ever, the illusions of division threaten our very existence. We all know the truth: more connects us than separates us. But in times of crisis the wise build bridges, while the foolish build barriers. We must find a way to look after one another as if we were one single tribe.” -King T'Challa, Black Panther

The truth is incontrovertible. Malice may attack it. ignorance may deride it, but in the end, there it is. ~Winston Churchill

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