Wrong, stupid. You didn't follow the point.
You complained about lack of protection under the law for discrimination against gay people, meaning the government doesn't punish discrimination. But this is different than Jim Crow, which was institutionalized action, where the government REQUIRED discrimination.
These are VERY different categories, but you claimed they were *literally* the same.
Thus, the question of the distinction between "women are not penalized for not having sex," and "women may not have sex?"
Congratulations, you just admitted to your own idiocy, because the previous exchange was...and I quote:
EGARRETT: "Lack of protection under the law is not institutionalized action."
PORKPIEPUSHER: "It literally is."
...and you won't be getting out of that.
O.K. How do I make this simple...
I claimed that lack of protection of LGBTQ persons under law in regards to their civil rights was institutionalised discrimination.
Right.
If you define a right as something which needs to be guaranteed to everyone, for example the right to employment without undue discrimination, and then proceed to omit LGBTQ persons, you are doing the equivalent of proscribing that LGBTQ persons may legally be discriminated against, and that is discrimination in itself. Of course, Jim Crow laws proscribed that blacks
must be discriminated against rather that they
may be discriminated against, but we're not talking about the severity of discrimination but rather if it exists due to an omission of LGBTQ persons and if this is to be considered as an "institutionalised action".
Now since we discerned that omission of codification can lead to discrimnation, and has in the case of LGBTQ persons, we should talk about institutionalisation.
Institutionalization, /ɪnstɪˌtjuːʃ(ə)n(ə)lʌɪˈzeɪʃ(ə)n/, "
the action of establishing something as a convention or norm in an organization or culture."
How do we determine if the lack of access to a right is enshrined as a societal norm? The most obvious way would be to go to the social contracts, statutes or laws that govern these rights, civil rights in this case. And when we inspect if LGBTQ persons are covered by the guarantee non-discrimination on employment (again, only using this as an example), we see that they are not.
So, from the above we can conclude that LGBTQ persons are put at a disadvantage that constitutes discrimination and that they are put in such a position by the basic act governing civil rights in a given society.
I don't care about your feelings. You're going to have to show me what you understand and don't, and if you screw up I will rip you to shreds. Because I do understand every single concept I'm bringing up.
No you don't. You don't to an embarrassing degree, and you can shred me on this point as much as a slightly autistic Labrador.
WRONG and you tried to duck my claim, which doesn't surprise me. Hiring is about cost-efficiency, not a resume. A person's productivity is measured against the cost to hire them, which is exactly why businesses will hire minorities, illegal immigrants, and women if those groups prove to be productive beyond their cost as compared to someone who is "claimed" to be more valuable and thus demands more money. The written qualifications in this case, are the yolk and not the ox, and those disadvantaged groups NEED THAT FREEDOM to be hired. Because the government can hand a degree or a law to someone that makes them get hired, but can't hand out productivity.
Businessmen are forced via natural selection to hire that most cost-effective labor, which is why businessman have a documented track record of hiring illegal immigrants, and before them, minorities and other disadvantaged groups.
No government policy is needed to enforce this, and in fact will only cause businessmen to then have to hire people who are LESS productive. Since if they were, the law wouldn't be needed.
Productivity, /prɒdʌkˈtɪvɪti/, "
the effectiveness of productive effort."
It's obvious that cost-efficiency is judged against cost, but its is not judged only against cost. The only system where cost-efficiency is judged only on cost is one where productivity is constant. Now, imagine if you will that you are hiring someone (it's painfully obvious you never have), but most of the times you will already have a certain salary that you're willing to give in mind. Of course, in an ideal world you would upon the act of hiring know exactly how productive the person you're hiring is going to be so that you know which salary to negotiate, but that is not possible as we do not know the future. So when several applications come in, all with the same competences, you must imagine that you will offer the applicants the same salary - meaning that it is not productivity which is constant, but more likely it is the offered salary which will be constant.
The above meaning that in a hiring situation, where you have comparable candidates, the salary is constant and actual productivity is a future unknown and doesn't even enter into consideration; so in such a situation the employer should be able to make a judgement call, but not one that involves his saying: "
you can't work here, you're a f@g". This is where the government and the law come in.
TBH, the situation that you're talking about with illegals being employed and the salary not being enshrined in a contract but given after the work as an index of productivity, is one of menial manual labour, and I don't think we were talking about grass-cutting jobs here.
Name an ethnic or gender group that was uniformly denied employment in a free market WITHOUT government mandate.
No buts. You're going to have to defend both. The letter of the law AND the effect of it. Because I know the letter in this case FAR better than you do, and intellectually I grasp the practical effect of it better.
I now you think you sound tough, but dude, you don't. Your claims so far have nothing to do with any kind of basic legal understanding so I'm putting you somewhere in the "legally uneducated" lot. Maybe a small business owner paying 2-3 Mexicans to deliver newspapers, and I'm being generous in my assessment, but that's about it.
And concerning denied employment, I'm sure that you could have done a quick Google search yourself, but:
"In order to examine racial discrimination, the
Urban Institute relied on a matched pairs study. They studied the employment outcomes for
Hispanic, white and black men who were between the ages 19–25 in the early 1990s. The job position was entry-level. Thus, they matched pairs of black and white men and pairs of Hispanic and non-Hispanic men as testers. The testers applied for the advertised openings for the new positions. All of the testers were given fabricated
resumes where all characteristics but their race/ethnicity was nearly identical. In addition, they went through training sessions for the interviews. If both people in the pair were offered the job or if both were rejected, the conclusion was there was no discrimination. However, if one person from the pair was given the job while the other was rejected, then they concluded there was discrimination.
The Institute found out that black men were three times more likely to be refused for a job compared to white men; while the Hispanic men were three times more likely to be discriminated."
In conclusion, when not talking about menial, gutter-cleaning jobs (your forte it seems), black and Hispanic people get refused on the pure basis of their blackness/brownness prior to any examination as to their productivity.
...and the question of the letter of the law is in front of you. I gave you the EXACT Article and section of the Constitution which condoned slavery.
What was the federal law that outlawed homosexuality?
What was the federal law against homosexuality?
Shall we assume that you can't answer? Because you actually know nothing and your "arguments" are garbage.
Well, I already made the distinction between policy and law, but I guess Section 839(a) of the Code of Military Justice was federal law outlawing sodomy as a crime (not misdemeanour or infraction of the military code but crime) and proscribing a court marshal for it.
Other than that the Civil Rights Act is a federal act and we already established that it was discriminatory.
Re-read what I said above, stupid. You didn't grasp the argument. It's only going to get worse for you too. Because I'm keeping track.
I literally don't get it. You are clearly wrong in the regard that discrimination exists insofar as the Civil Rights Act allows for LGBTQ persons to be denied employment and that it is a federal and basic act. The only way in which anything can get worse for me is the fact that I am liable to keep subjecting myself to discussing this colossally simple matter with a 12yo.
That IS the point, cupcake. Because the practical effects of law matter, which is why I pointed out that the practical effects of laws against black people are different than those against gay people due to their enforceability.
Why do you keep using words that you clearly don't understand?
Enforce, /ɛnˈfɔrs/, "
to compell obedience to." Meaning that if discrimination of LGBTQ people is not explicitly forbidden there is no way to compel those discriminating against them from doing it. FFS, discrimination is not a difficult concept to grasp.
Would you rather live in a country where there is a penalty of death for having YOUR skin tone, or a penalty of death for preferring the wine that YOU like, where no one can even see you drink wine if you don't do it publicly?
I would much rather live in the country handing out death penalties for drinking wine, but that is not and never was the point. Me being more easily detectable as someone to get the death penalty does not mean that the level of discrimination is different in both cases. In the two cases the "my skin tone" people and the wine drinkers are discriminated against to the
SAME and
COMPARABLE degree, which is the point.
The exact point of this thread is to compare the plight of black people and gay people. I mentioned slavery myself, which definitely CAN be compared and, when the comparison is done, it's obvious that there's nothing like that even remotely that gay people in the US have had to deal with, and you've acknowledged that I was absolutely correct.
Did I at any point say that LGBTQ people suffered anything remotely comparable to slavery? I interjected in this mess of a thread when I saw your boneheaded and cringe-worthy comment implying that discrimination cannot be committed by omission of a given group from a list guaranteeing certain rights to ALL other groups, and I stand by it. Any time you tried to drag the discussion into the realm of slavery, I was clear in stating that that wasn't the point or the scope of my comment.
This pattern will only continue until you make an excuse to run away from this discussion. Then you'll know who really knows and understands what they're saying between the two of us.
Ah, the validity of our arguments is to be measured by how long I can scream against a wall? Gotcha.