Laws of Public Accommodation and the LDS Church Statement about “respect”

Lesbian Wedding Cake Topper

Laws of Public Accommodation state that you are not allow to discriminate in providing services to the public if you run a business that is open to serve the public. So if you bake cakes, or do wedding photography, or open a restaurant, you have to accommodate members of the public who come to you to pay for your services. If you are a pharmacist, or an emergency medical technician, or a doctor, or a police officer, you cannot turn people away from your service if they are in a wheelchair, or if they are a person of color, or if they are female, or if they fit into a number of other categories. There are no religious exemptions to public accommodations laws, so what you believe or where you worship is not a legally an excuse for turning people away from your public-facing business, according to current law.

The current U.S. law on the books regarding public accommodation is a part of a back of a larger block of civil rights laws that are grouped under this title – U.S. Code Title 42, Chapter 21 — Civil Rights.

Title 42, Chapter 21 of the U.S. Code prohibits discrimination against persons based on age, disability, gender, race, national origin, and religion (among other things) in a number of settings — including education, employment, access to businesses and buildings, federal services, and more. Chapter 21 is where a number of federal acts related to civil rights have been codified — including the Civil Rights Act of 1866, Civil Rights Act of 1964, and the Civil Rights of Institutionalized Persons Act.

Here is what the “public accommodation” section of that larger group of laws states – 42 U.S.C. § 2000a : US Code – Section 2000A: Prohibition against discrimination or segregation in places of public accommodation

(a) Equal access All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. (b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. (c) Operations affecting commerce; criteria; “commerce” defined The operations of an establishment affect commerce within the meaning of this subchapter if (1) it is one of the establishments described in paragraph (1) of subsection (b) of this section; (2) in the case of an establishment described in paragraph (2) of subsection (b) of this section, it serves or offers to serve interstate travelers of a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b) of this section, it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b) of this section, it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country. (d) Support by State action Discrimination or segregation by an establishment is supported by State action within the meaning of this subchapter if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof. (e) Private establishments The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b) of this section.

This morning, the Mormon Church held a press conference saying that they supported LGBT rights – up to a point. They believe that LGBT people should not be denied housing or employment or basic civil rights. BUT – they asserted that they felt that LGBT people should not be added to U.S. Code Title 42, Chapter 21. They didn’t say it in so many terms; they talked about “respect” and how LGBT “activists” had done terrible things to “disrespect” the religious beliefs of LDS Church members.

Apparently pouring millions of dollars into Prop-8 and trying to deny LGBT people basic civil rights, causing LGBT people emotional & financial hardship and pain, is perfectly “respectable” but fighting back for your basic civil rights after being a marginalized group of people for centuries is not.

But their meaning is pretty clear based on the language they were using. This public press conference is a dogwhistle to their members urging them to pour money into a number of lawsuits that are currently moving through the courts where gay, lesbian, bisexual or transgender individuals are seeing redress after being denied public accommodations by business owners citing “religious freedom” as their reason for discriminating against people seeking their services.

If we were just talking about wedding cakes and photographers, this might be an easy issue to dismiss – you can just get a different florist or cake baker, right? But we are not. There have been cases of LGBT people denied emergency medical care, medication that they needed for their health, and police protection because they are lesbian, gay, bisexual or transgender. LGBT people have been denied access to hotels and vacation spots, homeless shelters and domestic violence shelters based on the claims of “religious belief” of the owners or employees of those businesses or services. Some of the cases of denial of public accommodation are in serious, life-or-death situations. People have been irreparably harmed or killed because of this discrimination.

The LDS Church is attempting to frame the civil rights debate over public accommodation for LGBT people as one of “respect” – that LBGT people are being “disrespectful” of the church’s religious beliefs if they are seeking legal redress for being discriminated against. That legal and civil actions, including direct action that LGBT people might take in asserting their rights, are “disrespectful” and “attacks” and that the church is a victim if people challenge the discrimination against them on the basis of their religious beliefs.

It’s an interesting framing, and one that LDS members are anxious to push – I’ve already run across two sets of LDS church members anxious to cast themselves in the role of victim in the debate following this morning’s press conference. Unfortunately it’s also a framing that the average American is primed to accept as legitimate, given the complete lack of understanding of basic civil rights laws in the United States. Hopefully as these lawsuits move through the courts, the legal system won’t be as fooled by the manipulation of language as the average member of the public.

Continue ReadingLaws of Public Accommodation and the LDS Church Statement about “respect”

Bigotted Atkins Cheesecake Family denies partner access to gay son

From today’s Indy Star:

Brett Conrad spent more than half his life as Patrick Atkins’ partner. For 25 years, the men shared bank accounts, apartments and eventually a home in Fishers.

But when Atkins, 47, fell seriously ill in 2005, Conrad faced what many gay Hoosiers consider a travesty: no law guaranteeing them the same rights as married couples to participate in care decisions for their ill partners.

Conrad, 47, spent much of the past two years trying to win guardianship of Atkins from Atkins’ parents, Thomas and Jeanne of Carmel. Jeanne Atkins is quoted in court documents as saying she believes homosexuality is a sin and that she disapproves of the men’s relationship. The parents have barred Conrad from visiting their now-disabled son in their home where he lives.
In June, Conrad won visitation rights from the Indiana Court of Appeals, but the court upheld an earlier Hamilton County ruling that left control of Atkins’ care to his parents.

Gay-rights activists say the men’s story illustrates the discrimination embedded in Indiana law and underscores why gay marriage should be allowed.

On the other side, opponents of same-sex marriage say the case could have been prevented if Conrad and Atkins had used existing laws that can give unmarried couples — straight and gay — the legal right to act on each other’s behalf.

Read the whole article (linked above) for more information, including some great references about what legal documents you should have in place to protect yourself from this sort of madness.

And obviously – I’m never eating Atkins Cheesecake again, and of course, I’m contacting the Atkins family to tell them why that’s the case.

Continue ReadingBigotted Atkins Cheesecake Family denies partner access to gay son

Criminal Penalties for women concieving out of wedlock

Yep, that’s what state lawmaker Patricia Miller (R) is proposing legislation for here in Indiana. A bill will be heard by the Health Finance Commission intended to restrict any form of “assisted reproduction” defined as “causing pregnancy by means other than sexual intercourse, including intrauterine insemination, donation of an egg, donation of an embryo, in-vitro fertilization and transfer of an embryo, and sperm injection.” These types of reproduction would only be allowed to married women who pass a court petition and receive a “gestational certificate.”

According to the current draft of the legislation, an intended parent “who knowingly or willingly participates in an artificial reproduction procedure” without court approval,”
commits unauthorized reproduction, a Class B misdemeanor.” The criminal charges will be the same for physicians who commit “unauthorized practice of artificial reproduction.”

The married parents who might want to participate in “assisted reproduction” are in for some bad news too: some of the required information includes the fertility history of the parents, education and employment information, hobbies, personality descriptions, verification of marital status, child care plans, letter of reference and criminal history checks. A description of the family lifestyle of the intended parents is also required, including individual participation in faith-based or church activities.

A really excellent analysis of how many people are affected and how is posted on bopnews.com.
The main intent is to keep lesbians from having kids, but the bill affects unmarried heterosexual women as well, so sit up and take notice single women in Indiana.

Read text of the proposed legislation in this downloadable PDF file.

Article by Laura McPhee in Nuvo
An article about this topic
IndyStar article
The Health Finance Commission
Contact your representative

As several bloggers have pointed out, this legislation would have made Christ’s conception illegal.

“We did want to address the issue of whether or not the law should allow single people to be parents. Studies have shown that a child raised by both parents – a mother and a father – do better. So, we do want to have laws that protect the children,” Miller explained.

Okay — this has got to stop: ” Studies have shown that a child raised by both parents – a mother and a father – do better.”

LIE LIE LIE LIE. BULLSHIT BULLSHIT BULLSHIT BULLSHIT. DEBUNKED DEBUNKED DEBUNKED DEBUNKED DEBUNKED. It’s a blatant falsehood, people. Studies show no such thing. In fact, studies show the exact opposite; that children raised in households with single parents or with two parents of the same gender do just as well, are just as happy and well-adjusted as kids that grow up with a mom and a dad.

WE HAVE TO TAKE THIS FALSE WEAPON AWAY FROM THEM, BECAUSE PEOPLE BELIEVE THIS LIE.

Continue ReadingCriminal Penalties for women concieving out of wedlock

Living Wills

Stephanie and I met with an attorney last night to arrange to get living wills. She’ll draw them up and then send them to us next week. She charges $230 an hour (wow!) and it should take her a couple of hours to get it done. Ouch. But it’s better than the alternative.

Here in Indiana, living wills don’t address the condition of persistent vegetative state, which is the situation Terri Schiavo is in. Indiana living wills cover only terminal conditions where extra-ordinary care would be taken to prolong an unquestioned terminal condition.

So I’ll only be able to specify my wishes legally in that case. So let me say it here, so there’s no question or mistake — if I were in a persistent vegetative state where I had no brain activity and a large portion of my brain had atrophied, like in the case of Terri Schiavo, I would rather be taken off life supporting measures and allowed to cross over peacefully into the afterlife, instead of lingering indefinitely.

Continue ReadingLiving Wills