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Christian photographer wins right to discriminate against LGBTQ+ couples (www.lgbtqnation.com)

submitted 1 year ago by [email protected] to c/[email protected]

332 comments fedilink hide all child comments

His win is a direct result of the Supreme Court's decision in a pivotal LGBTQ+ rights case.

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[–] [email protected] 5 points 1 year ago (1 children)

Your comment should be an article. Excellent clarifications.

[–] [email protected] 5 points 1 year ago

Thanks. I think my other comment made soon after gave a bit better detail on the laws:

I think the issue lies in the different measures of protected class, and the layers of law between State and Federal. US law is needlessly complicated and full of holes.

The Civil Rights Act provides protections for employees against discrimination based on race, color, religion, sex, or national origin under Title VII. Title II covers inter-state commerce and protects against discrimination based on race, color, religion, or national origin - but not sex.

Beyond this, states are supposed to make their own laws. However, the Supreme Court decision in 303 Creative v. Elenis undermines this, as the court ruled that the 1st Amendment and free speech overrules any discrimination law the state makes. Thus, provided you avoid Title II by only doing business within the state, it would be possible to argue that you can discriminate against any protected classes, so long as that class isn’t protected by other Federal legislation (eg the Americans with Disabilities Act provides extensive coverage for those with disabilities).