[quote]Zen Taco wrote:
I ask this in all honesty: Could the business model of “Curves” run into this exact issue? After all, it’s denial of service based on gender, which we saw run into issues with golf course clubs etc.[/quote]
There is a such thing as legal discrimination, in that it is possible, as a business or employer, for there to be cases where discrimination is legal due to the necessity of the business practice. No law is absolute, and even the Constitution is not a suicide pact per se. For example, a commercial truck driving firm couldn’t logically be compelled to hire a blind driver.
Laws that permit legal discrimination are subject to “intermediate scrutiny.” The government must show that the law furthers an important governmental interest in a way that is substantially related to that interest.
Basically, in cases where a business or government can show that gender-based discrimination satisfies intermediate scrutiny, it is then a legally permissible gender-based discrimination. So basically if Curves can make a legal substantiation that gender-based discrimination is necessary to sustain their business model, because men and women are anatomically different, they can probably be given a legal pass since their interest in protecting their clients and providing a specific service outweighs the interests of men who wish to not be discriminated against.
To discriminate just for the sake of discriminating is not generally legally permissible, but there are going to be cases where a business or government has a compelling interest that supersedes the right of an individual person, in which case the intent to discriminate will, in the eyes of the court, be upheld as a necessary exception.
Edit: I know little about Curves. Is it a private club where memberships are paid and subject to approval, or is it actually a business open for regular customers who pay the membership fees? Private clubs and organizations generally can discriminated if they are NOT considered a business open to public accommodation - e.g., you can start a private guys club in your community that excludes any social category that you wish, as long as you are not actually a business per se.