California tax bill seeks to punish Scouts for gay ban

[fskimospy]

Claims of discrimination often involve competing rights.

E.g., "it's my business and I have a right to refuse to serve customers if I choose". And this is certainly valid in cases. I'm a tax accountant and the govt cannot make me take on all people who want me to do their tax returns etc. I believe the reasons I have for refusing are important.

The person wanting to be served has a right, as the general public, to be served like anyone else.

So, the question becomes how do we resolve the issue of competing rights.

I don't claim to know the answer, but am suggesting the possibility that in this case the constitutional right to Free Association may outweigh the (state provided) right of the person wishing to join.

Fern

When you operate a commercial business license you have no protection from discrimination laws whatsoever unless certain discriminatory practices are a required part of your business. For example, Hooters doesn't have to hire male waiters and Catholic schools don't have to hire atheist teachers.

From my understanding of the law she would have to show how not serving gay people was an integral part of her business... which it clearly isn't.

 

[xBiffx]

When you operate a commercial business license you have no protection from discrimination laws whatsoever unless certain discriminatory practices are a required part of your business. For example, Hooters doesn't have to hire male waiters and Catholic schools don't have to hire atheist teachers.

From my understanding of the law she would have to show how not serving gay people was an integral part of her business... which it clearly isn't.

*cough* BSA thread *cough*

To be honest, I am starting to confuse the two as well.

BTW this doesn't mean what you said doesn't apply to the florist.

 

[fskimospy]

*cough* BSA thread *cough*

To be honest, I am starting to confuse the two as well.

BTW this doesn't mean what you said doesn't apply to the florist.

hahaha, indeed.