M.D. Rawlings
Classical Liberal
...the public accommodation codes based on ideology/behavior imposed by leftists in violation of inalienable rights, you know, the inherent concerns of the First Amendment regarding the prerogatives of free-association and private property.
Oh, right, I forgot the Fourteenth Amendment![]()
You're under the impression you can school me on constitutional and case law?
Oh, wrong, Justice Know Nothing, what you forgot was Heart of Atlanta Motel v. United States (1964) in which the Court upheld the public accommodation section of the Civil Rights Act of 1964 prohibiting discrimination on the basis of race, color, gender or national origin. The Court upheld the Act under the Commerce Clause, not the Fourteenth Amendment.
The several states have always had the power to assert public accommodation on most businesses and commercial transactions, but public accommodation asserted by states on the basis of ideological or behavioral concerns touching on the First Amendment prerogative of free-association in noncommercial transactions in both the public and private arenas were struck down in Roberts v. United States Jaycees (1984) and Boy Scouts of America et al. v. Dale (2000), respectively, and rightly so!
Challenges based on the First Amendment prerogatives of free-association and private property against public accommodation codes that clearly violate the same in commercial transactions have yet to be heard by SCOTUS, and the Fourteenth Amendment is not your friend should the Court strike down these abominations.
Let me explain the politics to you. Oh, and, NYCarbineer, turn your eyes away from this post, as I wouldn't want to overload your pea-sized brain over a matter that necessarily exceeds your 20-second attention span.
As I have written elsewhere:
The reliably conservative members of the Court were unwilling to risk a precedent-setting decision on Kennedy, even though he did come down on the side of the majority in "the Boy Scouts of America" case, which, by the way, would be the most compellingly obvious precedent for the Court's ratio decidendi were it to ever hear the case and decide it the proper way in the future.
In other words, SCOTUS's refusal to hear Elane Photography's appeal is not at all indicative of anything having to do with the existence of Public Accommodation, as the matter pertains to the imperatives of the Bill of Rights, namely, the First Amendment. The alleged constitutionality of Public Accommodation in and of itself is settled law. —M. D. Rawlings
In other words, SCOTUS's refusal to hear Elane Photography's appeal is not at all indicative of anything having to do with the existence of Public Accommodation, as the matter pertains to the imperatives of the Bill of Rights, namely, the First Amendment. The alleged constitutionality of Public Accommodation in and of itself is settled law. —M. D. Rawlings
Also:
Public Accommodation on the basis of sexual orientation that provides no exemptions in deference to the inalienable rights of the First Amendment in commercial transactions has not been addressed by the federal courts in any binding way whatsoever, let alone addressed by the Supreme Court.
The Court's decision not to hear a recent challenge is not indicative of what many leftist foolishly believe, and the Court’s decision not to hear this challenge, doesn't mean it won't hear this challenged in a similar case in the future.
The eventual hearing of the challenge in commercial transactions, when the conservative faction thinks the Court is ready to make an objectively valid decision, will be unambiguously predicated on the First Amendment, albeit, in all likelihood, exerted against the several states via the Fourteenth's Equal Protection Clause which requires, as a matter of settled case law, for all of the states to observe the imperatives of the Bill of Rights as well. —M. D. Rawlings
The Court's decision not to hear a recent challenge is not indicative of what many leftist foolishly believe, and the Court’s decision not to hear this challenge, doesn't mean it won't hear this challenged in a similar case in the future.
The eventual hearing of the challenge in commercial transactions, when the conservative faction thinks the Court is ready to make an objectively valid decision, will be unambiguously predicated on the First Amendment, albeit, in all likelihood, exerted against the several states via the Fourteenth's Equal Protection Clause which requires, as a matter of settled case law, for all of the states to observe the imperatives of the Bill of Rights as well. —M. D. Rawlings
After you've digested that, I'll give you the rest of the pertinent case law, copied and pasted from another one of my posts on this forum.