No. of Recommendations: 0
I'm curious about this new "law" proposed in Arizona. I do not believe in discrimination against anyone and my first reaction was to condemn a law allowing anyone to discriminate. I thought about it after a while and my mind went to other people that may be discriminated against. I'm certain that a business can refuse to serve a convicted child molester or a convicted murderer. There have been a number of court cases on that subject and the owners of businesses were supported by the courts.

Before you rant and rave, I am NOT conflating criminals with gays. I'm simply wondering where the line can be drawn. In every case I've read about (concerning convicted felons) the businesses have been privately owned and not public institutions of any kind. A library or such is a different animal and they can't refuse to serve anyone, including the aforementioned felons. A private bar or restaurant however CAN do so and be supported by the police and the courts.

Ok, so that means a "criminal" can be discriminated against. Can a person who HAS NOT been convicted or even accused of a crime be discriminated against? According to the courts the answer is yes. In DC there have been a number of restaurants that have barred homeless people from entering their establishments. The interesting thing about those cases is that they eventually decided not on the homeless claim but on a somewhat sketchy "dress code" claim. Body odor was also a consideration that could be taken into account according to the judge in at least 2 of the cases.

So, there is a precedent for discrimination NOT related to criminal activity. There are other cases as well so there is something to back up these businesses. Now as far as I know there's no way to tell if someone is LGBT (with the possible exception of cross-dressers) but still, there is case law supporting discrimination.

My question is how does that work? Albaby might know or some of you lawyers out there. I certainly don't. I would NOT support discrimination based on sexual preference but if a business wanted to do so, how can the state tell them they can't if they allow discrimination in other situations? How do they draw the line and where is that line?

Anyone know?

Print the post  


When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and Glassdoor #1 Company to Work For 2015! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.