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The government can enforce rules against discrimination and religion doesn’t mean you get a free pass from laws you don’t like.
by Finnucane 4y ago
The government can enforce rules against discrimination and religion doesn’t mean you get a free pass from laws you don’t like.
- rayiner 4y agoThere is no anti-discrimination law with respect to adoption services, and it's doubtful such a law would be constitutional. The 14th amendment applies to governments, not individuals. To regulate private conduct, the government needs some other hook. Usually, this is the commerce power, which is the basis of non-discrimination laws in public accommodations or housing. That's why things like private clubs and rentals in owner-occupied buildings are exempt from those laws. In other cases, such as non-discrimination in education, the hook is acceptance of federal funding. The question in both the adoption case and the anti-BDS case is the extent to which the government can use its position as a purchaser to control otherwise legal private conduct.