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Transcription for the blind: Storefront with two paper signs taped to the window. Left sign says "Since the supreme court had ruled that businesses can discriminate...NO SALES TO TRUMP SUPPORTERS. Right sign says "We only sell to churches that fly the pride flag" and has an illustrated image of a pride flag and a church.
-Transcription done by a human volunteer. Let me know how I can do better.
This was always legal. I'm an attorney, I do not represent any Trump supporters. If a client says something favorable about trump, they are no longer my client. They are just too stupid, judgement too poor, don't understand difference between reality and fantasy. They make the absolute worst clients.
I'm not sure about discrimination against customers based on ideology, but I'm pretty sure you can't discriminate against customers based on protected class (sex, race, orientation, etc.) What this supreme court case does (IIUC) is that companies are now allowed to not provide services to protected classes if those services constitute speech. So if you are a restaurant owner, or a hotel, you still can't refuse a gay couple, if you are a cake designer, you can't refuse to make a cake, but you can refuse to do anything remotely gay-related to that cake, if you are a web designer, you can refuse to make something altogether because the government can't restrict or compel speech (and graphic design is speech).
The problem is it is vague imo. Baking a cake could be speech to this court
Money is speech, right? Does that make the ramifications of this decision go a lot farther? I don't see how yet, but it seems like this ruling may have broad impacts when people start getting creative with it...
...I feel like you've got some stories you could be sharing
If they're trump supporters... they probably wouldn't be paying you anyway.
Quick side note: you are within your rights to refuse service based on political affiliation full stop -- it's not protected under the equal protections clause.
That being said, the issue is not about denying service full-stop, but the right to refuse expression of values you find to be wrong. Believe it or not, these cases are important for everyone and guarantees that the state can't force you to create messaging in support of (i.e. endorse, which is a form of speech) something you disagree with.
It's not granting the right to discriminate. It's protecting your first amendment right to not be compelled to engage in speech you disagree with.
For example, say I go to a bakery run by devout Muslims and request a cake that depicts a cross with the phrase "only through Jesus may you find eternal life" underneath. That baker may be uncomfortable with the idea of creating that design as it not only goes against their own sincerely held beliefs, but may conflict with some negative views they may hold of Christians or Jesus (or even the particular denomination of the customer).
That Muslim baker has every right to refuse the design of the cake on free speech grounds. Religion is a protected class in the equal protections clause, so the Christian may feel like they're being discriminated against, but it's the message (which is considered to be speech) and not the individual being a Christian causing the issue.
That Muslim baker cannot blanket-refuse any Christians from buying any cakes. If that Christian customer instead asks for a blank cake that they'll decorate themselves, the baker must sell it to them or else they are violating the equal protections clause. In that case, service is being refused based on the traits of the customer rather than on the particular message being expressed on the cake.
It's silly and I think people would be better off just accepting the work and taking the money. If I was aware of a business that made cakes, websites, whatever -- but refused certain designs based on their personal views, I would simply discontinue any further support of them. I'd prefer a business who puts their own shit aside and serves whomever wants to pay them.. but to compel them to suck it up and either compromise on their views or close up shop is directly contradictory to one of the most important rights we recognize here -- to speak freely and without cohersion from the state.
The business owner isn't doing anything wrong with their signs, but they're completely missing the point of the decision and comes off as a bit silly.
What you described was not the actual outcome of the ruling.
The wedding website designer did not give them a website with no mention of being gay, that they could fill in themselves. The website designer was allowed to fully refuse them any kind of website at all. Just like refusing a blank wedding cake because the couple is gay.
The justification of the decision was not in good faith. It stepped away over the bounds of protecting against compelled speech. And they deserve to feel the consequences.
The whole goddamn case was not in good faith.
The supposed customer for a gay wedding website turned out to actually be a married straight dude.
We reserve the right to refuse service to anyone, for any reason! :D
Especially racist sexist homophobic chud dipshit fascist bootlickers.
For me the difference is in refusing to serve someone because how they were born vs the choices they make.
Totally ok with the later, but the laws are supposed to prevent the former. Just like it being illegal to discriminate against someone just because they are black or white or Asian or whatever.
To be fair if I see a sign saying they support Trump, GOP, or anti-LGBT I keep walking on by. I have seen many places that say if you are a bigot, sexist, or racist you are not welcome here. Those are the places I spend my money at.
Exactly. A Trump sign at a business guarantees that business won't get my money now or in the future.
There's a large grocery store chain here that the owner was at the Jan 6th insurrection. A lot of people, including myself, refuse to shop there now.
You could always do this. But you'd be a damn idiot to antagonize half a potential customer base but ... Well that's one way to run a business.
I may be misinformed - but I was led to believe this is a book shop and therefore unlikely to lose many customers
the potential customers that would already point their finger at you screaming "shame" if they saw you do business with people they dislike? Good riddance.
This isn't really malicious compliance. This is the very foundation of the point made by the Supreme Court. You should be able to refuse service to anyone for any reason. Anything less than that is the government engaging in violence to force you to work.
Not any reason though, the case didn't change any of the protected classes like sex, religion, or sexual orientation. It just made it so a company can choose what "expressive work" they want to do, especially websites. So it's legal to say you don't want to make someone a custom website if you disagree with the contents of the website (ie a website that supports gay marriage), but it's still illegal to refuse to make someone a website because the customer is gay. You can choose what you make, but you can't choose who you sell it to
I mean - there are protected classes, right? You can't say "no whites" or "no Jews", I'm not a religious man - but where's the line between a political ideology and a religious one?
Or am I totally mistaken and this is completely permitted in the states?
The more I see news about the United States the less I'm surprised
Well within their right. A business can serve whoever the fuck it wants. You don't like it, don't shop there.
This is a bad take. When we, society, allow you to register as a business, we form an agreement. Part of that agreement is that you follow certain rules. We make those rules to better society.
Some rules are things like pay taxes, or don't sell outdated food. Some rules are there to make sure anyone can shop there, without discussion.
Those rules are important because it's very possible for a small number of business owners to make a group of people's lives very difficult, especially out in rural areas where people don't have a lot of options.
For a concrete example, let's say Pfizer cures cancer. Do you want them to be able to say they won't sell to Christians? You can't just "go elsewhere". But now this is allowed.
The much more dangerous part of this ruling is that the supreme Court ruled on a case where there was no standing. A lot of people don't realize that having standing is one of the cornerstones of our legal structure. Now, in theory, any idiot could sue for any dreamed up scenario and have a much better chance of winning in court.
All fun and games until you can't find anywhere to shop or buy anything.
You want to act like it's the odd shop and you can just go next door, but just look at history. Really, take an objective look at history.
Based on the Civil Rights Act of 1964, they cannot discriminate for any reason that is a protected status. However, they can makeup any reason for not serving them. That means some racist asshole could say they aren't serving the black customer because they were rude or some other made up shit. Thankfully, your political stance is not a protected status.
WAIT! NOT LIKE THAT THOUGH! IT WAS ONLY SUPPOSED TO KEEP THE GAYS OUT!
/s
But that's one way to do it. No churches, no religious people, no trump supporters, no republicans allowed at all. Give them a taste of their own medicine.
There's a contradiction here. The Supreme Court ruled that Speech can't be compelled, not that you could bar certain people from a business. You could decline to decorate a cake with "MAGA", but not decline to sell a cake to a Republican, for example. What those signs are promoting is still illegal.
Forgive me, but I don't believe political affiliation is a protected class--protected classes are the only things people can't discriminate based on. So like, race, sex, religion are protected, but democrat/republican/green party aren't protected. Businesses can legally discriminate against non-protected classes. It's just usually a bad business strategy to turn customers away.
