The federal law of nondiscrimination in public accommodations covers hotels and restaurants (which may be wedding vendors), but it does not outlaw discrimination based on LGBT status, or even discrimination based on sex (it is limited to race, color, religion, and national origin).
I believe that only 21 states and DC have public accommodations laws that cover discrimination based on LGBT status. So the questions raised in Michael Peabody's post will come up, at least in the short run, only under state law, and only in a minority of states. Wedding vendors in the other 29 states can lawfully discriminate against same sex weddings (unless their state courts hold this to be a form of sex discrimination -- possible, but not so likely in the short run), but they will invite boycotts and terrible publicity for themselves if they do so discriminate. The market will have its own say on this claim of religious liberty. On Thu, Oct 9, 2014 at 8:12 PM, Steven Jamar <stevenja...@gmail.com> wrote: > Don’t some public accomodations laws reach vendors — even though > employment discrimination laws don’t? I don’t know that the federal law > does, but surely some states’ laws do. > > > On Oct 9, 2014, at 6:01 PM, Michael Peabody <peabody...@gmail.com> wrote: > > > Greetings, > > > > Please forgive me if this has been addressed before, but I have been > > wondering if the Supreme Court could be working to protect both the > > emerging right of same-sex couples to marry and the rights of wedding > > vendors who oppose same-sex marriage on religious grounds. On one > > hand, this week the SCOTUS decided not to hear the cases coming up > > from the Circuits (covering some 30 states or so), but on the other > > hand, earlier this year the Court ruled in Hobby Lobby that the rights > > of businesses who refuse to provide contraception on religious grounds > > could be protected under RFRA. > > > > Granted, RFRA is a federal statute, but many who oppose RFRA argue > > that it is duplicative of existing state and federal rights anyway. So > > for the sake of argument, I'm going to assume that a Federal right to > > same-sex marriage is established and that discrimination against > > same-sex couples is actionable under something like Title VII. Now > > let's say that a wedding vendor (somebody who takes pictures or sings > > songs at weddings) believes that same-sex marriage is against his or > > her beliefs. Under the Hobby Lobby rationale, I think we could argue > > that the vendor that refuses to participate in the ceremony (i.e. > > "making the day special") might be protected. Certainly direct > > participation in a ceremony (or direct support service) is much less > > attenuated than a woman's right to > > > government-mandated-company-paid-insurance-policy's-coverage-of-contraceptives-the-knowledge-of-use-of-which-is-confidential-per-HIPAA. > > > > 1. Could it be that the right to marry is protected, as is the right > > of businesses refrain from participation in such ceremonies on > > religious grounds under RFRA (or its state analogues)? > > > > 2. Could it also be that the imposition of the government into a > > dispute regarding a vendor's refusal to participate in a wedding (a > > religious sacrament to the vendor regardless of the profit motive or > > intent of the couple), and where the government requires a business to > > perform the service or be forced to close, constitutes a violation of > > the Establishment Clause? > > > > I'd be very interested in knowing your thoughts on this. > > > > Sincerely, > > > > Michael D. Peabody, Esq. > > http://www.religiousliberty.tv > > _______________________________________________ > > To post, send message to Religionlaw@lists.ucla.edu > > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > > > -- > Prof. Steven D. Jamar vox: 202-806-8017 > Director of International Programs, Institute for Intellectual Property > and Social Justice http://iipsj.org > Howard University School of Law fax: 202-806-8567 > http://sdjlaw.org > > "When I grow up, I too will go to faraway places, and when I grow old, I > too will live beside the sea." > "That is all very well, little Alice," said her grandfather, "but there is > a third thing you must do." > "What is that?" asked Alice. > "You must do something to make the world more beautiful," said her > grandfather. > "All right," said Alice. > > from "Miss Rumphius" by Barbara Cooney (© 1982) > > > > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > -- Ira C. Lupu F. Elwood & Eleanor Davis Professor of Law, Emeritus George Washington University Law School 2000 H St., NW Washington, DC 20052 (202)994-7053 Co-author (with Professor Robert Tuttle) of "Secular Government, Religious People" ( Wm. B. Eerdmans Pub. Co., 2014)) My SSRN papers are here: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
