Started By
Message

re: Mississippi gov. signs law allowing service denial to gays

Posted on 4/5/16 at 3:50 pm to
Posted by MoonrakerElite
Member since Mar 2016
518 posts
Posted on 4/5/16 at 3:50 pm to
quote:

A private business owner should be able to deny service to whoever they want for whatever reason they want. Mississippi shouldn't have to pass a law to ensure this.



And Katzenbach v. McClung holds that discrimination of this type burdens interstate commerce and is within the purview of the federal government's regulation.


ETA: I should add that this case specifically ruled on the issue of racial discrimination. Though sexual-orientation doesn't fall into the same class as race, it is a quasi-protected class and likely will be on par with gender and race in the next few years.

However, the Katzenbach, the diner owners had no leg to stand on for their discrimination, there is no federally protected right to deny service to people. However, in the case of Mississippi (or Colorado bakeries), the first amendment might give the homophobes a shot at keeping the law in effect--I.e. Their first amendment rights will have to be weighed against the equal protection or privilege and immunities rights of the same sex couples they discriminate against.
This post was edited on 4/5/16 at 4:03 pm
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 4/5/16 at 3:54 pm to
quote:

MooncricketElite


So you think Aunt Sally's bakery not baking a cake for a BTLG wedding hurts interstate commerce?
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22215 posts
Posted on 4/5/16 at 3:56 pm to
quote:

And Katzenbach v. McClung holds that discrimination of this type burdens interstate commerce and is within the purview of the federal government's regulation.


Discrimination of what type? All I said is a business owner. I didn't specify the business or the relation that business has to interstate commerce.

Not to mention, the civil rights act does not say anything about sexual orientation, so even if a business was related to interstate commerce, there are to my knowledge, no laws prohibiting discrimination based on sexual orientation.
Posted by GaryMyMan
Shreveport
Member since May 2007
13498 posts
Posted on 4/5/16 at 3:56 pm to
quote:

Katzenbach v. McClung

I remembered that to be a Mississippi case but the restaurant was in B'ham. Oh well.



quote:

So you think Aunt Sally's bakery not baking a cake for a BTLG wedding hurts interstate commerce?

Why is it when you limited-gubment conservative types discuss stupid, discriminatory laws like this you all always make it a cake bakery?
This post was edited on 4/5/16 at 3:59 pm
Posted by Lou Pai
Member since Dec 2014
28203 posts
Posted on 4/5/16 at 7:47 pm to
quote:

However, the Katzenbach, the diner owners had no leg to stand on for their discrimination, there is no federally protected right to deny service to people.


Does one have a federally protected right to a good or service in commerce? Seems like we discriminate in such a fashion all the time.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram