You can refuse for any reason - except those involving discrimination against a protected class. Sexual orientation is supposed to be a protected class. You can still discriminate, you just have to give another/no reason and make sure it doesn’t look like you’re doing it for a prohibited reason.
If I wanted to say that no people with glasses were allowed to shop in my store, that would be allowed. If I wanted to say that no pregnant women could shop in my store, that wouldn’t be allowed. If it was a pregnant woman wearing glasses, I could claim the first reason, but then, if I was found to be allowing other people with glasses to shop, my reasoning would be challenged and I would have to demonstrate that I wasn’t discriminating because of pregnancy.
At least, this is how discrimination laws are supposed to work.
It turns out that anti-discrimination laws in the US are actually very weak and not fully defined, allowing bullshit like this to seep out of judge’s mouths and through the cracks. The Equal Protections Clause of the 14th Amendment only grants equality under law, so it only really affects governments. The Civil Rights Act extends this out to private employment under Title VII, but not much further.
What the 303 Creative v. Elenis ruling (the Supreme Court ruling that led to the settlement here) does, in theory, is allow any private person the right to discriminate against any protected class (eg pregnancy, disability, and all the others) so long as the person they’re discriminating against isn’t an employee. This is clearly bullshit, and I’m sure if people started discriminating against Christians they’d be up in arms.
Thankfully, this settlement does not in any way strengthen this ruling, it only gives one asshole permission by one state - there is no ruling here, just an out of court settlement, thus it does not extend to anyone else. In particular, the state probably thought that because there was no injured party actually being discriminated against there wasn’t much point wasting time and money litigating.
Thanks. I think my other comment made soon after gave a bit better detail on the laws:
I think the issue lies in the different measures of protected class, and the layers of law between State and Federal. US law is needlessly complicated and full of holes.
The Civil Rights Act provides protections for employees against discrimination based on race, color, religion, sex, or national origin under Title VII. Title II covers inter-state commerce and protects against discrimination based on race, color, religion, or national origin - but not sex.
Beyond this, states are supposed to make their own laws. However, the Supreme Court decision in 303 Creative v. Elenis undermines this, as the court ruled that the 1st Amendment and free speech overrules any discrimination law the state makes. Thus, provided you avoid Title II by only doing business within the state, it would be possible to argue that you can discriminate against any protected classes, so long as that class isn’t protected by other Federal legislation (eg the Americans with Disabilities Act provides extensive coverage for those with disabilities).
It feels…weird to me. Like refusing to work with someone at your job because they like coffee. Or dislike tigers.
Or more accurately, they were born with blue eyes and you just hate people with blue eyes. And you can’t stand them so much that you take your case against blue-eyed folk to the highest court of the land just to ensure you never have to work with them or take them as clients at your IT company. Sometimes it makes me wonder how we ever even got here, lol.
You can’t honor people’s rights just when they suit your agenda. What would happen if you refused to work with someone and other people thought it was ‘absolutely childish and stupid’?
So you think I should be able to start job interviews by asking people if they’ve ever voted Republican? Because we absolutely employ LGBT people, so I have a legitimate interest in protecting them from bigots.
At this point? I think it’s not unreasonable. Given the state of the Republican party right now, you don’t vote for them for their economical policy or whatever they pretended to care about decades ago. They only concern about culture war bullshit, and by voting for them you agree with it, and that includes unwavering hate for LGBT people.
i am kind of torn on this.
on the one hand I think it’s important that you can refuse to work with people you don’t like for whatever reason.
On the other hand, this is an absolutely childish and stupid reason to not work with someone.
You can refuse for any reason - except those involving discrimination against a protected class. Sexual orientation is supposed to be a protected class. You can still discriminate, you just have to give another/no reason and make sure it doesn’t look like you’re doing it for a prohibited reason.
If I wanted to say that no people with glasses were allowed to shop in my store, that would be allowed. If I wanted to say that no pregnant women could shop in my store, that wouldn’t be allowed. If it was a pregnant woman wearing glasses, I could claim the first reason, but then, if I was found to be allowing other people with glasses to shop, my reasoning would be challenged and I would have to demonstrate that I wasn’t discriminating because of pregnancy.
At least, this is how discrimination laws are supposed to work.
It turns out that anti-discrimination laws in the US are actually very weak and not fully defined, allowing bullshit like this to seep out of judge’s mouths and through the cracks. The Equal Protections Clause of the 14th Amendment only grants equality under law, so it only really affects governments. The Civil Rights Act extends this out to private employment under Title VII, but not much further.
What the 303 Creative v. Elenis ruling (the Supreme Court ruling that led to the settlement here) does, in theory, is allow any private person the right to discriminate against any protected class (eg pregnancy, disability, and all the others) so long as the person they’re discriminating against isn’t an employee. This is clearly bullshit, and I’m sure if people started discriminating against Christians they’d be up in arms.
Thankfully, this settlement does not in any way strengthen this ruling, it only gives one asshole permission by one state - there is no ruling here, just an out of court settlement, thus it does not extend to anyone else. In particular, the state probably thought that because there was no injured party actually being discriminated against there wasn’t much point wasting time and money litigating.
Obligatory IANAL.
Your comment should be an article. Excellent clarifications.
Thanks. I think my other comment made soon after gave a bit better detail on the laws:
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It feels…weird to me. Like refusing to work with someone at your job because they like coffee. Or dislike tigers.
Or more accurately, they were born with blue eyes and you just hate people with blue eyes. And you can’t stand them so much that you take your case against blue-eyed folk to the highest court of the land just to ensure you never have to work with them or take them as clients at your IT company. Sometimes it makes me wonder how we ever even got here, lol.
I’m pretty sure the photographer in question got all his court fees paid for by PACs or think tanks.
What’s there to be torn on?
You can’t honor people’s rights just when they suit your agenda. What would happen if you refused to work with someone and other people thought it was ‘absolutely childish and stupid’?
Not liking someone because they smoke isn’t the same as not liking someone for who they are.
So you think I should be able to start job interviews by asking people if they’ve ever voted Republican? Because we absolutely employ LGBT people, so I have a legitimate interest in protecting them from bigots.
deleted by creator
Well, turned out it’s perfectly OK to start your interview by stating your allegiance to a christian god, so it’s only fair.
At this point? I think it’s not unreasonable. Given the state of the Republican party right now, you don’t vote for them for their economical policy or whatever they pretended to care about decades ago. They only concern about culture war bullshit, and by voting for them you agree with it, and that includes unwavering hate for LGBT people.
Who was hiring him?