danielpalos
Diamond Member
- Banned
- #541
Here is what I am referring to when I use the term, public accommodation laws:non sequiturs are usually considered non-responsive in legal venues--you need to be more relevant. We have a Commerce Clause. That merchant in Commerce is operating on a for-profit basis--thus, our Commerce Clause applies.
It's actually the INTERSTATE COMMERCE CLAUSE. I'll let you puzzle out how that defeats your entire argument.
The Commerce Clause provides a fundamental basis for public accommodation laws.
Actually, I do not believe that is true.
The Commerce Clause is the rational for the 1964 Civil Rights Act(and similar Federal laws), but would not apply to all of the state and local PA laws.
Those would be governed by their own State constitutions.
Within U.S. law, public accommodations are generally defined as entities, both public and private, that are used by the public. Examples include retail stores, rental establishments and service establishments, as well as educational institutions, recreational facilities and service centers. Private clubs and religious institutions were exempt. However, in 1984, the United States Supreme Court declared the previously all-male Junior Chamber International, a chamber of Commerce organization for persons between the ages of eighteen and thirty-six, to be a public accommodation, which compelled the admission of women into the ranks.[1]--Source: Public accommodations - Wikipedia the free encyclopedia
Commerce must have some fundamental law in the US with our written Constitution and supreme law of the land.
I cannot be a religious freedom issue if a Merchant in Commerce is operating on a for-profit basis instead of a not-for-the-profit-of-lucre basis.
That decision was regarding Federal protections based upon gender- i.e. the 1964 Civil Rights Act.
State laws, which often protect expanded classes, including vets, handicapped and LGBT, are not covered by the Commerce Clause.
State laws also have the equivalent to a Commerce Clause; there are also proscriptions regarding a State legislature enacting purely religious laws.