But the Court has already held that overly intrusive Public Accommodation is unconstitutional for the federal government, though the Court has thus far allowed it to be asserted by the several states.
Please site the case you say exists, I'd like to review it. (And not it's not the Hobby Lobby case as that wasn't a Public Accommodation law case.)
Thanks,
>>>>
No problem, and thank you for raising the matter, as this is what happens when one has a more complex idea in the back of one's mind, but fails to clearly express it.
STTAB touched on this concern.
I'm alluding not only to
United States v. Stanley, et.al., 109 U.S. 3 (1883), the consolidated case in which the Court struck down the public accommodation section of the Civil Rights Act of 1875, but to its prescient historical ramifications touching on First Amendment liberties. In that case, as I'm sure you're aware, the Court deemed that while the Fourteenth Amendment prohibited discrimination by the several states, that is, prohibited them from denying equal protection, Congress did not have the power to prohibit acts of private discrimination by individuals unsupported by state authority. On the other hand, the Constitution did not necessarily prohibit the several states from enacting public accommodation codes.
The Act of 1875 narrowly prohibited discrimination on the basis of race or color. Since 1964, of course, the federal government has more broadly prohibited discrimination on the basis of race, color, gender or national origin. Despite the rhetorical shoe shine of wedge-issue baiting, the reason that leftists don't want to be more aggressive at the federal level, well, except for the naïve among them, for example, like those on this thread, is because that would provoke a nationwide reaction that would threaten to bring down the more obnoxious infringements on the prerogatives of free-association and private property asserted by blue states around the country under the banner of Public Accommodation.
Lefty's strategy is analogous to the preverbal frog in a pot of water gradually brought to the boiling point.
Since 1875, states have passed variously more aggressive antidiscrimination codes. At the state level, we now have prohibitions of discrimination on the basis of race, color, religion, gender, age, national origin, marital status, familial status, disability, personal appearance, sexual orientation, gender identity, gender expression. . . . The list goes on in the District of Columbia's public accommodation code to include things like matriculation, political affiliation, source of income and more. It's a real shmorgishborg of the kind of things that give leftists goose bumps and the rest of us indigestion.
(It's been rumored for years that the District of Columbia's wont is to compel business owners to accommodate those who practice their fetish for kitchen sinks in public, as long as the later is firmly secured to their persons so as not to endanger others upon the moment of . . . shall we say, completion. A fetish for kitchen sinks is one thing, but, come on, flying kitchen sinks in a crowded restaurant would be dangerous. Geez.)
As the Court observed in
Hurley v. Irish American Gay, Lesbian, and Bisexual Group of Boston, 515 U.S. 557 (1995) and reiterated in
Boy Scouts of American v. Dale, 530 U.S. 640 (2001), public accommodation has become so broadly advanced that "the potential for conflict between state public accommodation laws and the First Amendment rights of organizations" has become a serious concern.
In addition to the well-established line of
stare decisis regarding the inextricable link between First Amendment liberties and free-association, and the well-established line of
stare decisis regarding the First Amendment liberties of corporations as individuals, which silly leftists think was asserted out of nowhere in the
Hobby Lobby case, when in fact the matter's been settled in case law for years: we have the First Amendment liberties of artistic expression (
National Endowment for the Arts v. Finley, 524 U.S. 569, 602 [1998]), coupled with the freedom of expression in "the form quiet persuasion, inculcation of traditional values, instruction of the young and community service" (
Roberts v. U.S. Jaycees, 468 U.S. 609, 636 [1984]).
But even more emphatically, the First Amendment "protects the right of individuals to hold a point of view different from the majority and to refuse to foster . . . an idea they find morally objectionable" (
Wooley v. Maynard, 430 U.S. 705, 715 [1977]). The government "may not compel affirmance of a belief with which the speaker disagrees" in order to "produce a society free of . . . biases" (
Hurley v. Irish-Am. Gay, Lesbian & Bisexual Grp. of Bos, citing
W. Va. State Board of Education v. Barnette, 319 U.S. 624, 642 [1943]). Such "invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control" (
W. Va. State Bd. of Educ. v. Barnette). The First Amendment "prohibits improper restraints on the voluntary public expression of ideas" (prior restraint) and the "concomitant freedom not to speak publicly" (
Pac. Gas & Elec. Co. v. Pub. Utilities Commission, 475 U.S. 1, 11 [1986]).
Hence, the right to dissent from the impertinent mores of government, more at, the right of the individual to tell the denizens of the herd mentality to take their boorishly moralistic drivel and shove it!
Folks have gotten so strung out on the banalities of the Frankfurt School of Critical Theory, i.e., cultural Marxism, more commonly known today as political correctness or multiculturalism, brought to you by the Social Studies Department of Columbia University beginning in the early 1930s: they've utterly lost sight of the preeminent concerns of inalienable First Amendment liberties and the case law with which the inordinate expansion of Public Accommodation into the sphere of ideological/behavioral concerns is in conflict.
Suggested reading:
1984, Animal Farm, Brave New World, Logan's Run, Stranger in a Strange Land, A Canticle for Leibowitz.