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

Posted on 4/5/16 at 3:56 pm to
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 MoonrakerElite
Member since Mar 2016
518 posts
Posted on 4/5/16 at 4:08 pm to
quote:

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.



See my edit. The commerce clause gives the government almost unfettered regulatory power if they want it. Very few actions have been held to not affect interstate commerce.

Also, discrimination against anyone is an abridge meant of the Privileges or Immunities clause and equal protection--arguably.

Tl;dr it's not cut and dry, black and white.
This post was edited on 4/5/16 at 4:13 pm
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