[quote]JR249 wrote:
[quote]UtahLama wrote
So if I went into a bakery owned by a gay couple with a t-shirt that said “fuck you faggot” and said I wanted them to bake for my wedding.
You would expect them to have to do it?
The black lunch counter argument is played out. Gays are not a protected class, and nobody should be forced to work against their religious beliefs…which ARE a protected class.[/quote]
Your analogy is flawed here. In some states, under state law, gays are a protected class, i.e., sexual orientation is one area where you cannot discriminate against a customer, as are other categories such as race, sex, age, etc. It depends on the state in question, but in those states, if you wish to do business as a public accommodation, you cannot base your refusal of service on the sexual orientation of the customer. However, you can basically deny service for any other reasons, including the words written on a customer’s shirt, since that is not a protected “class” if you will.
You can debate whether or not that should override the owner’s free exercise of religion, but as it stands, those are the laws in some states and until a higher court recognizes a limited right to refuse service based on religious exercise, those laws still stand if you are operating a business that’s open for public accommodation.
[/quote]
Like many issues involving constitutional law, the law against discrimination in public accommodations is in a constant state of change.
On a state by state basis mostly.
People will argue that anti-discrimination laws in matters of public accommodations create a conflict between the ideal of equality and individual rights.
Does the guaranteed right to public access mean the business owner’s private right to exclude is violated? In my opinion yes… but for the most part, courts have decided that the constitutional interest in providing equal access to public accommodations outweighs the individual liberties involved.
I am a proponent of individual liberty and I have a problem with laws like the Unruh Civil Rights Act being used MUCH more broadly than was originally intended.