Re:Same-Sex Marriage Is a Right, Supreme Court Rules
by clavalle on Friday June 26, 2015 @01:01PM
(#9786078)
Well, the SCOTUS just decided that same sex unions are, in fact, weddings and sex is an existing protected class based on actual legislation and precedent. That means the baker would be discriminating illegally as a public accommodation on a federal level if they refused their service based on the sex of that event's participants.
Re:Same-Sex Marriage Is a Right, Supreme Court Rules
by Pinckney on Friday June 26, 2015 @08:36PM
(#9788553)
Public accommodations are not prohibited from discriminating on the basis of sex by federal law.
Furthermore, the bakery is probably not a public accommodation under federal law unless it's principally selling food for consumption on the premises.
Re:Same-Sex Marriage Is a Right, Supreme Court Rules
by ctdonath on Friday June 26, 2015 @02:27PM
(#9786725)
And, by same reasoning, the consequences to clergy are ...?
Re:Same-Sex Marriage Is a Right, Supreme Court Rules
by clavalle on Friday June 26, 2015 @03:20PM
(#9787103)
Non-existent because they do not provide a public accommodation and are exempt from legal entanglements based on discrimination.
IOW, even though they provide a service, it is not the same class of service, legally, as a cake maker or any other for profit entity serving the public.
Now, based on no legislation (as one dissenting Justice makes scathingly clear), a new "protected class" has been created. The baker still considers a pair entering that "protected class" not a "wedding", a view the ruling notes still should be respected and free to hold & act on.