“I don’t want to treat black people or LGBTQ like human beings.” – like that? Or how about signs on businesses “No Gays” or “No Hispanics”. Does this apply to government entities and their employees? How about it enough people don’t want to drink out of the same public fountain as black people, should we then bring back segregated fountains since everyone has a right to drink from fountains?
Sorry, but showing bigotry cannot be accepted by a tolerant society because it breaks the one tenet of such a society: be tolerant.
The thing you’re ignoring is that being rejected by businesses is harmful to those being rejected. And moreover public businesses discriminating is a great way to fracture society and uphold a culture of bigotry and discrimination that then bleeds into every other area. If your religion teaches you to be a bigoted asshole then you need a different religion.
If you run a business, you don’t have a right to discriminate against whole groups of people.
Putting up a discriminatory sign is public structural discrimination and already illegal afaik, so it does not work as an example in this context of private individual discrimination. In reality it is not possible to force a homophobe person to become tolerant, no matter how many laws you make against discrimination. The only way that really helps is education and a social development towards more tolerance. Forcing christian fundamentalists to work with gay people, despite they absolutely refuse it, is not the way but would only create even more social tension and hate.
So in your example Black people have no right to a service if the location does not wish to serve them? If the next closest location is a days drive away so be it? Maybe they just need to go live closer to those services?
Not true. Title II of Civil Rights Act (1964) prohibits discrimination in public accomodations (such as hotels and restaurants or other establishments that serve the public), as affirmed by the Supreme Court to be enforceable in for example Heart of Atlanta Motel, Inc. (1964).
An atheist living in Saudi Arabia absolutely has the right to walk into the public square and shout that god does not exist. They just have to be willing to accept the consequences of execution as a result.
Stating a fact of physical ability does not contribute any additional information in a discussion about legality.
You absolutely do not have the right to post a sign like “No Hispanics” at your restaurant, under current US law (Civil Rights Act of 1964). You do not have to wait for an actual hispanic person to show up and be refused service to be liable - the presence of the sign alone is already in violation and can get you fined or imprisoned. You cannot claim “This sign is just for decoration as an expression of my 1st Amendment rights, we would never actually enforce it.” In this way, the Civil Rights Act already does abridge your right to write any sign you want, ironically in direct contradiction to the “Congress shall make no law” language of the 1st Amendment.
The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin.
And yet, it seems legal to not serve someone based on religious beliefs as well as sex, based on the numerous times it has happened. Why is that ok but not the other? I mean, i know it’s not really ok, but it’s still allowed to happen.
That’s the Supreme Court for ya! Their judgements do tend to meander and sometimes flip over the years, especially recently. You are probably refering to Masterpiece Cakeshop (2017) decision being different from the civil rights era cases, like say Newman v. Piggie Park Enterprises, Inc. (1968) where the defendant who did not want to serve black customers at his BBQ restaurants unsuccessfully argued that “the Civil Rights Act violated his freedom of religion as his religious beliefs compel him to oppose any integration of the races whatever.” It is still enlightening to read the actual court decisions and the justifications used to arrive at one conclusion or another, and especially their explanations for how the current case is different from all the other cases decided before. After a while though it does start to look as if you could argue for any point of view whatsoever if you argued hard enough.
“I don’t want to treat black people or LGBTQ like human beings.” – like that? Or how about signs on businesses “No Gays” or “No Hispanics”. Does this apply to government entities and their employees? How about it enough people don’t want to drink out of the same public fountain as black people, should we then bring back segregated fountains since everyone has a right to drink from fountains?
Sorry, but showing bigotry cannot be accepted by a tolerant society because it breaks the one tenet of such a society: be tolerant.
The thing you’re ignoring is that being rejected by businesses is harmful to those being rejected. And moreover public businesses discriminating is a great way to fracture society and uphold a culture of bigotry and discrimination that then bleeds into every other area. If your religion teaches you to be a bigoted asshole then you need a different religion.
If you run a business, you don’t have a right to discriminate against whole groups of people.
Putting up a discriminatory sign is public structural discrimination and already illegal afaik, so it does not work as an example in this context of private individual discrimination. In reality it is not possible to force a homophobe person to become tolerant, no matter how many laws you make against discrimination. The only way that really helps is education and a social development towards more tolerance. Forcing christian fundamentalists to work with gay people, despite they absolutely refuse it, is not the way but would only create even more social tension and hate.
They absolutely have the right to post such things(first amendment). They just have to be willing to accept any consequences as a result.
So in your example Black people have no right to a service if the location does not wish to serve them? If the next closest location is a days drive away so be it? Maybe they just need to go live closer to those services?
Yes. As a business owner they can refuse business to anyone. They also have to deal with any fallout as a result of such a racist policy.
There should be some class of protections, maybe some civil code of rights or something…
Unfortunately, i think these only pertain to hiring of individuals.
Not true. Title II of Civil Rights Act (1964) prohibits discrimination in public accomodations (such as hotels and restaurants or other establishments that serve the public), as affirmed by the Supreme Court to be enforceable in for example Heart of Atlanta Motel, Inc. (1964).
I’m happy to be proven wrong. I just don’t understand why they seem so lenient when there’s discrimination regarding religion or sexual orientation.
An atheist living in Saudi Arabia absolutely has the right to walk into the public square and shout that god does not exist. They just have to be willing to accept the consequences of execution as a result.
Stating a fact of physical ability does not contribute any additional information in a discussion about legality.
I stated the amendment pertaining to my comment.
You absolutely do not have the right to post a sign like “No Hispanics” at your restaurant, under current US law (Civil Rights Act of 1964). You do not have to wait for an actual hispanic person to show up and be refused service to be liable - the presence of the sign alone is already in violation and can get you fined or imprisoned. You cannot claim “This sign is just for decoration as an expression of my 1st Amendment rights, we would never actually enforce it.” In this way, the Civil Rights Act already does abridge your right to write any sign you want, ironically in direct contradiction to the “Congress shall make no law” language of the 1st Amendment.
The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin.
And yet, it seems legal to not serve someone based on religious beliefs as well as sex, based on the numerous times it has happened. Why is that ok but not the other? I mean, i know it’s not really ok, but it’s still allowed to happen.
That’s the Supreme Court for ya! Their judgements do tend to meander and sometimes flip over the years, especially recently. You are probably refering to Masterpiece Cakeshop (2017) decision being different from the civil rights era cases, like say Newman v. Piggie Park Enterprises, Inc. (1968) where the defendant who did not want to serve black customers at his BBQ restaurants unsuccessfully argued that “the Civil Rights Act violated his freedom of religion as his religious beliefs compel him to oppose any integration of the races whatever.” It is still enlightening to read the actual court decisions and the justifications used to arrive at one conclusion or another, and especially their explanations for how the current case is different from all the other cases decided before. After a while though it does start to look as if you could argue for any point of view whatsoever if you argued hard enough.
So they can post the sign as long as it’s just decoration? The fuck are you talking about?
Explain to me how the first amendment pertains at all to refusing service to people based on race or sexual orientation.