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Politics : Sharks in the Septic Tank
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To: Lane3 who wrote (76156)10/2/2003 10:46:26 AM
From: The Philosopher  Read Replies (1) of 82486
 
Interesting perspective. But can't systemic discrimination be just as present if twenty massage therapists individually set up "straights only" shops as if just one shop with twenty masseurs does it? After all, we don't let an individual who is selling their house refuse to sell to a black or a jew even if they're only one person. So I'm not sure the "I'm just one person" defense works for me.

But as to competing principles, absolutely. There are almost ALWAYS competing principles, often competing constitutional rights. That's one of the fascinating things about being a lawyer. While many non-lawyers think the law is cut and dried and all you have to do is argue the law, the reality is that in many cases it's competing public policies that are at issue, and you have to present a compelling case for your client's public policy interests trumping the other party's.
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