Racism should be banned. Endpoint. Any form of racism, any suggestion, any message that suggests discrimination.
Discuss whether or not there was no racism and not if one was offended or if there is a greater or lesser degree of racism.
At the risk of having certain people here who I happen to value their opinion of me, to be much less thoughtful of me, I want to ask:
Is racism banned specifically in the Social Contract?
If so, mention clause, punish and be done with it.
If not, then by the Contract, he has broken no rules. Punishing him on the basis of no actual rules-breakage is hardly fair, hardly the role of the magistrates and in a certain light, not much better. Abusing one's role to punish people for non-illegal (in BM context) OOC actions is, I think we can all agree, not in the spirit of this game or this particular group.
Is it banned via an interpretation of a Social Contract clause?
If so, I think you need to have a very firm basis and legal logic to the path from social contract item through to this particular issue of racism, since it will be precedent from now on. A clear link between casual racism and the contract would be needed, since you are de-facto linking that to Tom and the Social Contract.
If not, then see above about breaking no rules.
This all said, I think there is a conflation of two questions here, which while being heavily related, are still separate.
1) Does the Social Contract cover racism in whole or in part, and if so, to what extent are Kas' actions in violation of the Contract?
2) To what extent SHOULD the Social Contract cover racism?
