back to article Apple's Tim Cook and Salesforce's Marc Benioff DECLARE WAR on anti-gay Indiana

Two high-profile tech CEOs – Apple's Tim Cook and Salesforce's Mark Benioff – have publicly criticized a new Indiana law that legalizes discrimination against gay, lesbian, bisexual, and transgender people. Cook tweeted earlier today: "Apple is open for everyone. We are deeply disappointed in Indiana's new law and calling on …

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    1. Craigness

      Re: It's never black or white.

      The state hasn't banned gay people, they've allowed private business to decide who they do business with. This is more freedom, not less, and less government, not more. This leaves business to operate as they see fit, and to succeed or fail depending on the will of the people who transact with them. That's more democratic than having a government tell us what we can and can't do, and far more democratic than having a CEO tell a government what they can and can't tell people to do. Are you sure it's a good thing when CEOs use their influence over government, rather than over the public?

      1. beanbasher
        Mushroom

        At the risk of invoking godwins law...

        Will the state of Indiana require gays and such to wear the pink triangle the nazis required for thier gays. Or will we be lurching back to the 1960's for a new round of civil rights campaigns

        1. Anonymous Coward
          Anonymous Coward

          Re: At the risk of invoking godwins law...

          "Will the state of Indiana require gays and such to wear the pink triangle the nazis required for thier gays"

          Nah - they are not that old fashioned. It will surely be along the lines of handkerchiefs in the back pocket. The US queer population are at least already familiar with that approach...

        2. Anonymous Coward
          Anonymous Coward

          Re: At the risk of invoking godwins law...

          Beanbasher,

          Have you actually even read the law?

          Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.(b) A governmental entity may substantially burden a person's exercise of religion only if the governmental entity demonstrates that application of the burden to the person:(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

      2. Aitor 1

        Re: It's never black or white.

        It is NOT freedom.

        "We do not serve your kind here".

        You see, blacks had "freedom", as in "you cannot go to our places, but you can go to those places that accept backs".

        This exactly about oppression and discrimination of minorities.

        1. gnarlymarley

          Re: It's never black or white.

          "It is NOT freedom."

          Let me get this straight, do you mean it is not freedom as a buyer? This whole issue about freedom has two sides, the buyer and the seller. Both sides cannot have the same freedom. Either the buyer has to lose some or the seller has to lose some. Something that you need to remember is that when you take a side, such as the buyer LOSING some freedom, means the seller is GAINING some freedom. The law is about GIVING some freedom to the folks working in a business.

      3. Anonymous Coward
        Anonymous Coward

        Re: It's never black or white.

        So segregation and discrimination count as "more freedom", do they?

        There was a long, hard fight to get rid of racial segregation in the USA. It seems to me that if you agree with Craigness's argument, banning racial discrimination counts as "less freedom".

        After all, what greater freedom can there be than the right of hate-filled bigots to deny full participation in society to any group they despise?

        Surely if it's right to ban gays from a restaurant, then it's got to be just as right to permit private businesses to re-introduce the whites-only lunch counter? Isn't it?

        Yes it is: it's exactly as right to ban non-whites from your restaurant as it is to ban gays. By which I mean: it's not right at all.

        The reason this isn't a black and white issue is that in all civilised countries - even the USA - it's illegal into discriminate against black people in this sort of way.

        It's just a shame that other groups suffering from discriminatory prejudice aren't protected in the USA as they are in less socially backward parts of the world.

      4. big_D Silver badge

        Re: It's never black or white.

        @Craigness don't companies already have the right to not serve? In most countries shops can refuse to sell to a customer, it is after all a voluntary contract between both parties. They usually don't have to give a reason and, if they do give a reason, it cannot be for racial prejudice etc. otherwise they can end up getting prosecuted or sued.

        "I'm not serving this guy," or "I'm not serving this guy because I don't like him," are generally legal.

        "I'm not serving this guy, because he is black / gay," is illegal.

      5. TechicallyConfused

        Re: It's never black or white.

        Bull-*cough*-shit!

        All I will say is this, once again religion is being used as a catalyst to make people’s lives just that bit less enjoyable. If god loves as all as these hypocrites say then how can we make a law based on religious belief that clearly smacks this down?

        How free will people feel when they walk down the street and every third shop fronts a sign stating "Straights Only, No Gays or Transgender".

        Talk about taking a walk back in time 50 years.

      6. Anonymous Coward
        Anonymous Coward

        It's never gay or straight

        Funnily enough, I have to agree with the Craigness argument, up to a point but for very different reasons.

        The real issue at hand should be:

        To what degree does the government have the right to interfere with people's private lives ?

        Sexual preferences are just one aspect of private life. If someone is gay, or black or Jewish, they should not be the object of discrimination, it is as simple as that. Indiana does not need to create gay-discrimination laws anymore than Mississippi needed to create Jim Crow laws, nor should they.

        Similar cases regarding people's race brought racial discrimination cases to a head in the 50s and 60s. The result was sweeping civil rights legislation which eliminated a virtual US state of racial apartheid at unparalleled speed.

        When discrimination against a person's sexual orientation becomes an infringement on people's civil rights, (as it currently is for sex, race, religion and so on) then laws like those proposed by Indiana, will become instant non-starters.

        And if history repeats itself, Cook was not only right to speak up, he may help ensure these laws are pilloried in Federal Courts.

        There is nothing wrong with public figures speaking their mind about the issues of the day, they are citizens just like anyone else, but with a bigger public audience.

    2. SuccessCase

      Re: It's never black or white.

      "Is Apple's influence such a good thing when thinking about corporate tax laws, the 100+ billion they're hiding in tax heavens?"

      It's interesting how erroneous memes start with loose thinking. Apple are frequently cited in articles on tax avoidance (perfectly legal) these days, so it seems reasonable to make the sweeping statement they are hiding 100+ billions in tax havens. Except they aren't. They are keeping their money in the jurisdictions where they earned it and not moving it to the U.S. because when you move money doing so attracts tax. When no tax is due, there's no point in moving money back to the U.S. or any other place in the world, until you need it there for a reason. Otherwise if you later need to move your money elsewhere in the world you will have needlessly paid tax where it simply wasn't owed in the first place.

      Indeed Tim Cook is on record as stating Apple do not use financial instruments for side-ways effects on tax (do not use instruments for effects other than their intended purpose - so no loans from one Apple subsidiary company to another to reduce profit margins in higher tax jurisdictions ) and they do not move money to to jurisdictions it isn't needed other than for the purpose of tax reduction. Those are actually pretty strong statements and deserve to be acknowledged. Especially when certain competitors who are trying to claim the moral high ground and do make use of financial instruments purely for their sideways tax effects and do move money to tax havens when it is not required there to cover any genuine operational costs. Google I'm looking at you.

      1. big_D Silver badge

        Re: It's never black or white.

        @SuccessCase I don't really want to divert the conversation, but... Apple are releasing bonds to get cash on credit, instead of repatriating the cash they already have.

    3. Anonymous Coward
      Anonymous Coward

      Re: It's never black or white.

      Suppose you're a photographer and you turn down a gay couple because you're already booked for the given weekend or you decided in advance to take that weekend off.

      Suppose you turn them down because the other couple pays more, or you decide to cancel the vacation because a friend comes by asking for that specific date.

      They sue you for discrimination.

      You lose the lawsuit because that's how things roll.

      --

      Think about it. If you *can* win that case, then businesses have all the right to discriminate against anyone they don't want to serve. It's just that they need to provide a different reason for refusing business.

      However, if you can only lose that case, then gay couples can walk to any photographer and demand pictures being taken for one dollar (or at cost), and if you refuse, they'll sue you to bankruptcy. And don't even think about turning up at their wedding and taking lousy pictures. They'll sue you for that, too.

      1. Triggerfish

        Re: It's never black or white.

        "However, if you can only lose that case, then gay couples can walk to any photographer and demand pictures being taken for one dollar (or at cost), and if you refuse, they'll sue you to bankruptcy. And don't even think about turning up at their wedding and taking lousy pictures. They'll sue you for that, too."

        I would have thought you could refuse because they are not paying the price asked for.

    4. PoliTecs

      Re: It's never black or white.

      Really? That's what business is for or should even remotely be involved in social issues? Because Halliburton was interested in securing freedom by supporting our troops for our country and our allies but I bet you were a nut job over that weren't you...

      Liberalism is a mental disorder!

  2. Anonymous Coward
    Anonymous Coward

    Torn

    I'm torn between being pleased that the two CEOs have used their weight to speak out against what is a retrogade and down-right wrong piece of legislation, and my concern that the CEOs may be trying to wield undue influence over a democratic process.

    ..

    Ah fuckit - well done chaps.

    1. Philip Machanick

      Re: Torn

      Peopl with no ethics throw money at the democratic process, like big polluters, tobacco, etc. So why not someone promoting rights?

      1. Craigness

        Re: Torn

        "So why not someone promoting rights?"

        The law does promote rights. It's just that it's rights some people don't want us to have.

        1. Anonymous Coward
          Anonymous Coward

          Re: Torn

          > The law does promote rights. It's just that it's rights some people don't want us to have

          Under US Law, there is no right - implicit or explicit - to discriminate aganist a class of people based on reasons having nothing to do with legal rights or ability.

          There is no constitutional or statutory right today - in the USA - to refuse to sell flowers to gay people, just as there is no right to refuse to sell flowers to blond people, or to people who have green eyes., or to people who wear shoes size 10 1/2.

          This is something the bigoted class - class that you appear to faithfully represent here - has never been able to comprehend: that the notion of "religious freedom" gives you the right to create a Tort. It does not.

          Like it or not, the US - just like many other countries in the world - has a secular form of government. While the Constitutional System in the US prohibits the Government from creating favorite religions, it does not prevent the Government from enforcing its laws based on some nebulous and undefined religious freedom claim.

          You may believe that religious freedom has no bounds. If you believed that, you would be wrong.

          If this secular model does not fit your views, feel free to relocate to Saudi Arabia. In that country you can beat your wife to death, or you can behead people for being gay, or for posting on Facebook, all in the name of upholding your religious freedoms.

          1. Anonymous Coward
            Anonymous Coward

            Re: Torn

            Really? No shoes, no shirt, no service comes to mind. It's perfectly legal to refuse to seat someone in a restaurant who's not wearing shoes or a shirt.

            This logically extends to, to give an example, a Muslim-run restaurant that refuses to serve women not dressed to their requirements. A no shoes, no shirt, no hijab, no service kind of thing.

            Otherwise, if you are compelled to serve everyone, there's nothing stopping a *straight* couple (never mind gay) demanding pics taken of their wedding night in graphic detail. Some photographers would find it objectionable on religious grounds -- are you also going to propose that the photographer is forced to take the assignment?

            Again, I would like to point out that there is nothing stopping a frivolous lawsuit. If you have no witnesses to the contrary, a couple that was refused service can claim in court that it was on the grounds of them being gay, and not on an unreasonable service or demanded price. Who do you think the court, judge or jury will side with?

            Note that these are all *private* businesses we are talking about. Not public services or venues. If business owners have no right to run their operation as they see fit, where is the economic freedom?

    2. Anonymous Coward
      Anonymous Coward

      Re: Torn

      But they're private businesses, exercising their freedom to discriminate against State governments belonging to a weird cult.

    3. Mark 85

      Re: Torn

      You raise an interesting point. If next week, a law is passed to tell these two CEO's that they must do "something" that goes against their grain, such as (and I'll be off the wall) "pay the employees more equitably", do you think they would stick up for this? Right now, it's in their interest to be socially responsible, maybe next week... not so.

  3. Anonymous Coward
    WTF?

    Indiana, WTF?

    Putting rich, egocentric, media hugging CEOs aside for a moment, if Indiana really has passed a law that legalizes discrimination against gay, lesbian, bisexual, and transgender people, then what the hell were Indiana's lawmakers thinking of?

    Do they honestly think a law like this could do anything but harm, could do anything but cause further divisions and unrest? Who actually benefits from this?

    Not being a lawyer myself, are there any lawyers who frequent El Reg that could add a bit of insight here?

    1. Anonymous Coward
      Anonymous Coward

      Re: Indiana, WTF?

      The side effect of this is that there is a booming trade in stickers saying 'We serve Everyone' being sold to businesses.

      Then those that aren't are going to start to suffer with reduced business.

      Do they deserve it?

      The words

      you reap what you sow

      Seems to be quite apt IMHO having had a few incidents in the US over the 40years I've been going there. Common Sense is almost totally absent in a large part of the US especially (IMHO) amongst those who watch Fox News.

      1. td97402

        Re: Indiana, WTF?

        "Common Sense is almost totally absent in a large part of the US especially (IMHO) amongst those who watch Fox News."

        I'm pretty sure that you've misspelled it, I believe it is FAUX NEWS.

      2. Sloppy Crapmonster

        Re: Indiana, WTF?

        Shouldn't the booming business really be in "LGBT not welcome here" signs? It's more in keeping with the spirit of the law *and* doesn't cause an undue financial burden on those businesses that aren't excercising their new-found freedom, right?

        1. tom dial Silver badge

          Re: Indiana, WTF?

          If my business were making signs I would cheerfully offer both options.

    2. Voland's right hand Silver badge

      Re: Indiana, WTF?

      My exact thought.

      Moral issues aside this creates a contradiction between contract, company code (something every large company has) and local law. This automatically raises a red flag for a large company in terms of operating there (as I said - this if we put the moral issues aside and look purely at the liability aspect).

      Large companies have provisions to deal with this in on a country basis and they are quite expensive to maintain. If they have to do the same on a per-state basis they will scream murder. And in this case they did.

      1. tom dial Silver badge

        Re: Indiana, WTF?

        "[T]his creates a contradiction between contract, company code (something every large company has) and local law."

        That does not appear to be correct. The law, as stated, limits what Indiana governments may do, but lays no requirement on any company. It is entirely consistent with a business rule that the company treats all actual and prospective customers the same and provides equal employment opportunity, however defined. The full text can be found at

        http://iga.in.gov/static-documents/9/2/b/a/92bab197/SB0101.05.ENRS.pdf

        It is not easy to see how it would conflict with reasonable company policies, although a company might reasonably consider holding back expanding in (or into) Indiana if they think it would be a hostile place for their employees.

    3. fruitoftheloon
      Thumb Up

      @Skydweller: Re: Indiana, WTF?

      Skydweller,

      yup, that is it in a nutshell, they really are that narrow minded, bigoted f'wits.

      I can also relate to this as my (American) mother-in-law genuinely thinks that anyone that isn't married and doesn't have 2.24 kids is surely the spawn of the devil.

      And if they are in any way at all A BIT QUEER, then OMG her reaction is a sight to behold.

      As to who benefits, well the bigots probably take it as a reaffirmation that they are right (and therefore normal), and the rest of the world can figuratively (and to their minds, hopefully too) go to hell...

      Of course ~7% of them and their kids are queer, not that they would acknowledge that of course...

      Cheers,

      j

    4. Anonymous Coward
      Anonymous Coward

      Re: Indiana, WTF?

      As I understand it, they didn't pass a law that explicitly says that discrimination is legal. The law they passed was phrased as a means of allowing shop owners and employers to protect their religious beliefs. The enablement of discrimination is a loophole result (which may or may not have been the original intention of those that riased the bill) by not forcing them to serve people who's belief/lifestyle-choise/way-they-were-born offends the religious sensibility of the store owner.

      Indiana is a very 'bible-belt' kind of state though. Pro-religion and pro-replublican, for the most part.

      1. Anonymous Coward
        Anonymous Coward

        Re: Indiana, WTF?

        "As I understand it, they didn't pass a law that explicitly says that discrimination is legal."

        An Indiana State lawyer interviewed on radio said that he thought any attempt to use it to discriminate against LGBT etc would not be upheld in a court as that would contravene other discrimination laws.

        Apparently the Indiana legislators believe there are many other states with effectively the same law. They say it takes its precedence from a Supreme Court ruling on religious freedom. Not sure which one that was - possibly that companies on religious grounds could exclude contraception from their health plans for employees. Could blood transfusions also be excluded on those grounds?

        1. Craigness

          Re: Indiana, WTF?

          @AC the Hobby Lobby case you allude to was not about contraception. They never excluded (female) contraception and never asked to be able to exclude (female) contraception. It was "abortifacients" they objected to, which is post-conception birth control. There was a lot of hot air generated by the fact what they objected to were not technically abortifacients, and they were alternatively labelled "contraceptives" by the left-wing media despite not being contraceptives.

    5. Yet Another Anonymous coward Silver badge

      Re: Indiana, WTF?

      The law allows private businesses to pick and choose their customers without the risk of being sued by publicity hungry political groups. essentially this is already the law in the UK

      Should a synagogue be allowed to refuse to rent a room for a neo-nazi meeting?

      Can a church hall turn down a booking from satanists?

      Can a French restaurant turn away a UKIP member

      1. Anonymous Coward
        Anonymous Coward

        Re: Indiana, WTF?

        "Can a church hall turn down a booking from satanists?"

        English churches have already been held up to public ridicule for turfing out Yoga classes from their church hall on the grounds of it being rooted in an alien religion.

        IIRC one church denied the use of its hall to the local Girl Guides when the national organisation removed $(deity) from their membership oath.

        1. tom dial Silver badge

          Re: Indiana, WTF?

          There is, of course, a considerable difference between public shaming on one hand and implicit application of the government's lawful monopoly on the use of force. It is logically consistent, especially for those in the US who incline to first amendment absolutism, to favor one and oppose the other.

    6. Snake Plissken

      Re: Indiana, WTF?

      >>>

      Do they honestly think a law like this could do anything but harm, could do anything but cause further divisions and unrest? Who actually benefits from this?

      <<<

      There is an odd subset of politicians (mainly Right Wing) who seem to think that Bad Things can simply be legislated out of existence. The thought process seems to be that if you ban gays, then homosexuality (which they see as a choice) will some how disappear. Some of them have banned reporting on climate change, or even using the phrase "climate change".

      You can judge how successful these campaigns to deny basic human nature are, because for many years we have had laws against murder and prostitution. And if you look around our society, you will surely agree that no-one ever gets murdered or becomes a prostitute.

      1. Craigness

        Re: Indiana, WTF?

        They're not banning gays, they're banning the ban on freedom. Freedom does go away if you ban it.

      2. Mark 85

        Re: Indiana, WTF?

        There is an odd subset of politicians (mainly Right Wing) who seem to think that Bad Things can simply be legislated out of existence

        Actually both the left and the right believe that. But it's about different things, of course.

      3. John H Woods Silver badge

        Re: Indiana, WTF?

        "... homosexuality (which they see as a choice) ..." -- Snake Plissken

        I've always found this truly weird. I would no more consider having sex with a man than my gay brother would consider having sex with a woman. Surely anyone who thinks there's any kind of element of choice must be at least a little bit bicurious. Is that why they are so hate-filled, because they worry that they might carry this "predilection" within themselves?

        1. Cpt Blue Bear

          Re: Indiana, WTF?

          " Is that why they are so hate-filled, because they worry that they might carry this "predilection" within themselves?"

          After literally seconds of consideration, I can only say, "yup".

          People are, in general, not very good at deciphering the motives of others. Thus the tendency to accuse others of what they would do themselves in a given situation. Witness the fundamentalist obsession with sodomy...

          (Cue jokes: dirty buggers, "carry within" fnah, fnah, etc)

        2. Swarthy

          Re: Indiana, WTF? @John H Woods

          Surely anyone who thinks there's any kind of element of choice must be at least a little bit bicurious. Is that why they are so hate-filled, because they worry that they might carry this "predilection" within themselves?

          Given that the prefix homo- means similar/same (IE: homophones are words that sound the same/similar, homosexual is one who is attracted to the same/similar gender) then I posit that a homophobe is one who is afraid of people like themselves.

          "If you believe that same-sex marriage will ruin your marriage, then what you really fear is that you or your spouse is secretly gay." - I can't be arsed to look up attribution

    7. James O'Shea

      Re: Indiana, WTF?

      "Putting rich, egocentric, media hugging CEOs aside for a moment, if Indiana really has passed a law that legalizes discrimination against gay, lesbian, bisexual, and transgender people, then what the hell were Indiana's lawmakers thinking of?"

      You _do_ know that Indiana was the state which passed a law making pi equal to 3.2, don't you? There is nothing too bizarre for Indiana to do. Nothing. https://en.wikipedia.org/wiki/Indiana_Pi_Bill

      Indiana lawmakers do not, cannot, think.

      1. tom dial Silver badge

        Re: Indiana, WTF?

        According to the linked Wikipedia article, while the Indiana House of Representatives passed the act, the Senate ridiculed and deferred it forever, so that it never became law.

  4. jai

    It's all a bit cyberpunk, isn't it, when Corporations can have a direct influence on political policy. Not even via the behind-the-scenes funding and lobbying, this is Big Corporations publically announcing the way they want the laws to be.

    I'm not saying they're wrong in this instance.

    But I wonder, in 10, 20 or 30 years, does government just become an administration office, responcible for managing and implementing the will of the top 20 Corps?

    [mines the coat with Lo Tek scrawled on the back and with Dolphin spittle staining the sleeve]

    1. Yet Another Anonymous coward Silver badge

      You think this is more true now than in the 1920s when Carnegie and Rockefeller ran thing?

      Or the 1950s when "what was good for GM was good for the USA"

    2. Craigness

      There are usually loud voices arguing against corporate influence of government. They must have taken the week off.

    3. Shadow Systems

      @Jai: Is the Shiawase Corporation happening already?

      I thought we still had a few years yet before that was due to come to pass? If they're getting an early start on that whole FusterCluck, I need to move hoop to stockpile as much APDS rounds, Panther rounds, MedKit Supplies, & Trauma Patches I can find.

      Thanks for the tip Chummer, I'll find some PayData to sling your way in gratitude...

      Mines the one with the NovaTech ComLink in the pocket... =-)p

    4. Mark 85

      I take exception. Corporates are not people, they are businesses. I don't believe any corporation should be involved in politics or interpreting the Constitution as to rights, etc. Just because it might be the right thing to do in this case, can anyone guarantee that for the next thing?

      Part of the reason we're in the mess we're in now is due to politics and business and also politics and religion. Those mixes are bad news for those who get in the way and it's generally the people.

      While I'm on a rant.... those who want to practice this discrimination, etc... are they really that much better than those who want Sharia Law? I see the same narrow-mindedness in both groups.

      Yeah... I'm a dreamer.

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