4 ms·
freedom of association isn't really a thing anymore; if one were to promote that maxim, a large portion of the civil rights laws, anti-discrimination laws, etc.
by throwaway33432 6y ago
freedom of association isn't really a thing anymore; if one were to promote that maxim, a large portion of the civil rights laws, anti-discrimination laws, etc. just become unenforceable.
see stuff akin to:
https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colorado_Civil_Rights_Commission https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colora...
- anigbrowl 6y agoThe idea of public accommodation is ultimately based on the notion that commercial appeals (such as a store window and an open door) constitute an 'invitation to treat' (do business) and that these should not be withheld from anyone on the basis of their unalterable personal characteristics.
- Ancapistani 6y ago> these should not be withheld from anyone on the basis of their unalterable personal characteristics Where does this boundary lie? Is political party unalterable? Ideology? Religion?
- anigbrowl 6y agoThat depends who you ask. I don't think religion is unalterable, for example, but in the USA it holds a privileged legal position for historical reasons - although courts have concluded that merely claiming religious status is insufficient, eg https://www.ca10.uscourts.gov/opinions/18/18-1141.pdf https://www.ca10.uscourts.gov/opinions/18/18-1141.pdf In general the Us recognizes race/ethnicity, sex, sexual orientation (to some degree) and religion as 'suspect classes' deserving of protection. But it's a thorny subject and understanding all the different perspectives is going to require a lot of reading.
- deleted 6y ago[deleted]