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#26 2008-11-22 11:12 am
Re: eHarmony case
isaly wrote:
I expect Res will be in complete X files mode before the Obama's sworn in.
I support Obama and voted for him.
And it wasn't a lesser of two evils vote.
Some of his supposed appointments (I'm guessing they aren't binding/final until he is sworn in) demonstrate he sees a need to be moderate.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#27 2008-11-22 11:13 am
Re: eHarmony case
Pithecanthropus wrote:
Could someone sue me to make me offer Bird Friendly coffee? Isn't that my choice?
Not the same thing here. In your case no person(s) are being discriminated against.
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#28 2008-11-22 11:15 am
- mo' ron
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Re: eHarmony case
resedit wrote:
http://www.gaylesbianintroduction.com/company.html
Doesn't seem like they cater to straight people.
Should I file suit?
Maybe I missed it, but eHarmony doesn't advertise itself anywhere as being a "straights only" website.
And if they have not technical reason for excluding gays, then they are being discriminatory.
And if a church rents or sells wedding services, there's no reason they should be exempt from the law either.
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- Microsoft employees are excited about OSX.
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#29 2008-11-22 11:17 am
Re: eHarmony case
ShnickyShnack wrote:
Demanding equal rights.
The worst thing gay people can do.
Dammit, homos, stop gettin' uppity!
See - but here's the thing.
Many churches do wedding for people who call them out of the phone book, couples who are not members and often not even religious.
Will this "equal rights" require them legally to do it for homosexual couples as well?
That's what a lot of churches are afraid of, and things happening like this incident only confirm their fear.
Confirm their fear, and you bet your ass they are going to try to keep gay marriage illegal - because they know once it is legal, it is only a matter of time before these kinds of lawsuits happen against churches that do not want to perform gay marriage.
This person was not denied eHarmony because he was gay.
eHarmony just did not offer the particular service he was looking for.
This is no different than me filing lawsuit against a vegan restaurant because they won't cook me a slab of ribs.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#30 2008-11-22 11:18 am
- ShnickyShnack
- ::: title edited due to Satanic influences :::

- From: Rockin' out
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- Posts: 22237
Re: eHarmony case
Do pastors and so forth have to marry people now? Don't they presently have a choice of who they do and don't marry? Or are they basically just marriage machines, with no choice but to marry whoever comes along?
Note: please delete this post.
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#31 2008-11-22 11:33 am
Re: eHarmony case
ShnickyShnack wrote:
Do pastors and so forth have to marry people now? Don't they presently have a choice of who they do and don't marry? Or are they basically just marriage machines, with no choice but to marry whoever comes along?
They have a choice - but if that criteria is based upon hetero or homo, it would fall under the realm of discrimination by the definition of "equal rights" being spouted here.
Maybe that's what people here want, but that's also the very thing that mobilizes the churches to support things like Prop 8.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#32 2008-11-22 11:33 am
Re: eHarmony case
resedit wrote:
This person was not denied eHarmony because he was gay.
eHarmony just did not offer the particular service he was looking for.
The suit filled isn’t claiming that the website flat-out prevents gays and lesbians from using it but; instead, that the site doesn’t offer the same services to homosexuals which are offered to heterosexuals. Just because there is a distinction without a difference here can't hide the fact that sexual orientation based discrimination took place.
Last edited by Aaron_R (2008-11-22 11:37 am)
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#33 2008-11-22 12:38 pm
Re: eHarmony case
Although I think that the religious argument against homosexuality is absurd, and I see no difference between its justification and the justification used by many hate groups, given that the cost of entry to the online dating market is so small(A commercial site can be put up for <$5 per month), I think a reasonable argument could be made that eHarmony shouldn't be required to offer same-sex matching.
It is feasible that hundreds of thousands of gay dating sites could be launched for minimal monetary investment. eHarmony is not a monopoly and although they would not be offering services to gay people, they would not be denying gay people the ability to use similar services(whereas a restaurant that did not serve gay people would be denying gay people in that area the ability to eat at some more progressive restaurant that might occupy the same site).
Unlike space in a town or city in the physical world, "space" on the internet is infinite, and resources are plentiful and almost free.
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#34 2008-11-22 1:20 pm
- ShnickyShnack
- ::: title edited due to Satanic influences :::

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Re: eHarmony case
resedit wrote:
ShnickyShnack wrote:
Do pastors and so forth have to marry people now? Don't they presently have a choice of who they do and don't marry? Or are they basically just marriage machines, with no choice but to marry whoever comes along?
They have a choice - but if that criteria is based upon hetero or homo, it would fall under the realm of discrimination by the definition of "equal rights" being spouted here.
Maybe that's what people here want, but that's also the very thing that mobilizes the churches to support things like Prop 8.
Has that happened in countries where same-sex marriage has been legalized?
Not that I take this argument seriously, mind you. I see it as a very weak smokescreen for homophobia.
Note: please delete this post.
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#35 2008-11-22 1:46 pm
- bratboy
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Re: eHarmony case
resedit wrote:
This is bull smurf.
Did you even bother to read the article?
This is the result of a settlement. No court ordered this. If you're so outraged, call eHarmony and ask them why they made a deal.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#36 2008-11-22 1:47 pm
- bratboy
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Re: eHarmony case
ShnickyShnack wrote:
Do pastors and so forth have to marry people now? Don't they presently have a choice of who they do and don't marry? Or are they basically just marriage machines, with no choice but to marry whoever comes along?
Hey, lets not inject facts into this discussion.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#37 2008-11-22 1:50 pm
- bratboy
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Re: eHarmony case
resedit wrote:
They have a choice - but if that criteria is based upon hetero or homo, it would fall under the realm of discrimination by the definition of "equal rights" being spouted here.
Oh right, right. Are churches allowed to discriminate based on religious 'orientation?' What about on the basis of gender? They are, yes? 
Let's engage our brains a moment before getting too hysterical.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#38 2008-11-22 2:02 pm
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Re: eHarmony case
eHarmony discriminates against atheists.
Aw, he's no fun, he fell right over.
Unless you become as little children, there's no way you will believe this crap.
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#39 2008-11-22 2:07 pm
- Farmerkev
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Re: eHarmony case
bratboy wrote:
resedit wrote:
This is bull smurf.
Did you even bother to read the article?
This is the result of a settlement. No court ordered this. If you're so outraged, call eHarmony and ask them why they made a deal.
The article said why.
The states AG forced them to or face expensive litigation where they had to gamble on the outcome.
Basic ambulance chaser 101.
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#40 2008-11-22 2:27 pm
- bratboy
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Re: eHarmony case
Farmerkev wrote:
The article said why.
The states AG forced them to or face expensive litigation where they had to gamble on the outcome.
Basic ambulance chaser 101.
Thanks kev, up until this moment I was completely oblivious as to the reasons why anyone would ever settle a lawsuit without going to trial.
"Forced?" Let's be more careful with our word choice, yes?
Olson said, "we ultimately decided it was best to settle this case with the attorney general since litigation outcomes can be unpredictable."
Who knows, perhaps their business practices did run afoul of New Jersey law. Each state gets to have its own Constitution, you see.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#41 2008-11-22 2:37 pm
- bratboy
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Re: eHarmony case
...and I don't understand the point about religion being brought into this.
I can't comment on New Jersey law, but I don't think that it's necessary or appropriate to require an online dating service to cater to homosexuals. However, let's remember that eHarmony is a business, not a religious entity.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#42 2008-11-22 3:12 pm
- Farmerkev
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Re: eHarmony case
bratboy wrote:
Farmerkev wrote:
The article said why.
The states AG forced them to or face expensive litigation where they had to gamble on the outcome.
Basic ambulance chaser 101.Thanks kev, up until this moment I was completely oblivious as to the reasons why anyone would ever settle a lawsuit without going to trial.
"Forced?" Let's be more careful with our word choice, yes?Olson said, "we ultimately decided it was best to settle this case with the attorney general since litigation outcomes can be unpredictable."
Who knows, perhaps their business practices did run afoul of New Jersey law. Each state gets to have its own Constitution, you see.
Forced is exactly what I meant to imply.
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#43 2008-11-22 3:17 pm
- bratboy
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Re: eHarmony case
Farmerkev wrote:
Forced is exactly what I meant to imply.
So the business didn't have the option of having the case decided on the merits?
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
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#44 2008-11-22 3:25 pm
- radarman
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Re: eHarmony case
As usual, I'm going to wade in on the 'wrong' side.
First, as Bratboy points out, this was a settlement. A mafioso style 'offer you can't refuse' settlement, but a settlement nonetheless. That said, had it gone to closing, and the plaintiff prevailed, it would have been an injustice.
There is a significant difference between a bricks and mortar store, and a dating website, though I am no less irritated by some of the inane laws we have regarding discrimination there as well. It really doesn't cost a physical store that much, usually, to comply. They simply have to stop the discriminatory behavior.
For a dating website, they may very well have to plow a lot of research into 'gay relationships', or risk creating a bad, money-losing service, in addition to creating or modifying large portions of the website. If the service is a money pit, they are legally required to keep it anyway - for fear of being accused of discrimination. It's not unlike some of the crap that the Big 3 are dealing with.
That, to me, is an unreasonable expense where there really isn't a necessity. Simply don't use the service. Use a service that DOES cater to you. It's not like bread or milk, or any other necessity of life.
However, eHarmony settled; which means they took on the burden (more or less) willingly - making the previous point moot.
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#45 2008-11-22 3:32 pm
Re: eHarmony case
bratboy wrote:
resedit wrote:
This is bull smurf.
Did you even bother to read the article?
This is the result of a settlement. No court ordered this. If you're so outraged, call eHarmony and ask them why they made a deal.
Yes I read the article.
It is a settlement for a very strategic reason.
As a settlement - it's not legally binding, which gives them room to stop the service at a later date after they have done more legal research - quite possibly by demonstrating it is non profitable.
The article clearly states they don't want to do it.
By sending a very clear message that they really don't want to do it, many gays aren't going to want to give them a dead dime.
It may be easier for them to argue closing it down as a non profitable venture than it is for them to just say they don't want to do it.
Had they not settled, New Jersey may have found against them which would make shutting it down in the future a direct violation of a court order.
They clearly don't want to do it.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#46 2008-11-22 3:33 pm
- mo' ron
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Re: eHarmony case
radarman wrote:
For a dating website, they may very well have to plow a lot of research into 'gay relationships', or risk creating a bad, money-losing service, in addition to creating or modifying large portions of the website. If the service is a money pit, they are legally required to keep it anyway - for fear of being accused of discrimination. It's not unlike some of the crap that the Big 3 are dealing with.
That, to me, is an unreasonable expense where there really isn't a necessity. Simply don't use the service. Use a service that DOES cater to you. It's not like bread or milk, or any other necessity of life.
What if they DIDN'T have to do this, and the limitation was not algorithmic, but artificial, would it still be an injustice?
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#47 2008-11-22 3:34 pm
Re: eHarmony case
bratboy wrote:
...and I don't understand the point about religion being brought into this.
I can't comment on New Jersey law, but I don't think that it's necessary or appropriate to require an online dating service to cater to homosexuals. However, let's remember that eHarmony is a business, not a religious entity.
And when a church marries two people who call them out of a phone book and have no affiliation with the church, is it really religious?
A lot of pastors pick up some extra cash that way.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#48 2008-11-22 3:45 pm
- Farmerkev
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Re: eHarmony case
bratboy wrote:
Farmerkev wrote:
Forced is exactly what I meant to imply.
So the business didn't have the option of having the case decided on the merits?
As a business decision, often times no.
You know that too.
There is a reason so many class actions and ambulance chasers are settled before trial, it's much cheaper.
Right or wrong doesn't enter in to it when even if you win, you lost.
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#49 2008-11-22 3:50 pm
- radarman
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Re: eHarmony case
mo' ron wrote:
radarman wrote:
For a dating website, they may very well have to plow a lot of research into 'gay relationships', or risk creating a bad, money-losing service, in addition to creating or modifying large portions of the website. If the service is a money pit, they are legally required to keep it anyway - for fear of being accused of discrimination. It's not unlike some of the crap that the Big 3 are dealing with.
That, to me, is an unreasonable expense where there really isn't a necessity. Simply don't use the service. Use a service that DOES cater to you. It's not like bread or milk, or any other necessity of life.What if they DIDN'T have to do this, and the limitation was not algorithmic, but artificial, would it still be an injustice?
Forcing people to do anything proactively for anyone else is a violation of a persons rights IMO. Laws prohibiting certain behavior are (usually) fine, since that involves one person abridging another persons rights. Thus, even if it was "free" for eHarmony, I would still disagree with forcing them to create a site against their desires.
However, I also think applying anti-discrimination laws to any fully private business is wrong. I can see arguments for certain types of businesses, such as utilities and other businesses that enjoy the largess of the state, being force to comply with certain anti-discrimination laws, but beyond that, I think it is sticking the government nose where it doesn't belong.
I see most anti-discrimination laws applied outside of the civil arena as an abridgment, not an extension, of civil rights. It infringes the rights of some to create "new" rights for others.
Note, I don't think this is right, or moral, only that it should be legally permissible. It is not (or shouldn't be) the governments business to determine who you do business with. Let the community decide if your discrimination is acceptable or not. If enough people get tired of your crap, and stop patronizing your business, you will fold up. If not, well the community has made their choice.
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#50 2008-11-22 3:50 pm
- bratboy
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Re: eHarmony case
resedit wrote:
It is a settlement for a very strategic reason.
As a settlement - it's not legally binding, which gives them room to stop the service at a later date after they have done more legal research - quite possibly by demonstrating it is non profitable.
That's a interesting take on contract law. What, do you think settlements are based on nothing more than a handshake?
The article clearly states they don't want to do it.
Why is that relevant? Is there some other sort of lawsuit settlement where this doesn't occur?
By sending a very clear message that they really don't want to do it, many gays aren't going to want to give them a dead dime.
The vast majority of people will never be aware of this lawsuit. Even then, they're creating a new site--it won't be called eHarmony.
They clearly don't want to do it.
Yeah, the lawsuit was the first clue. 
Last edited by bratboy (2008-11-22 3:51 pm)
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
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