# Cab you be sued if your religion is discriminatory?

**URL:** <https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104>\
**Category:** Factual Questions\
**Created:** [June 28, 2011, 3:59am UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104 "2011-06-28T03:59:33Z")\
**Posts on this page:** 7\
**Page:** 4

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**Author:** ![Farmer\_Jane](https://avatars.discourse-cdn.com/v4/letter/f/bbe5ce/32.png) [@Farmer\_Jane](https://boards.straightdope.com/u/Farmer_Jane)\
**Post date:** [July 1, 2011, 11:27pm UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104/61 "2011-07-01T23:27:36Z")

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> [@Skald\_the\_Rhymer](#):
>
> Well, yes, but that’s not the point. \*\*There should be a limit to the government’s authority to enforce social norms. \*\*We should not be allowed to _force_ individuals to abstain from all racist behaviors – just some, under certain circumstances.
> 
> Similiarly, though I believe same-sex marriage should be legal and that the only reasons to oppose it are bigotry and/or ignorance, I do not believe any minister, priest, or rabbi should be forced to officiate at such ceremonies.

I agree. I think that refusing to provide henna service to a man is within someone’s rights.

I think that offering ‘photography’ or ‘henna’ is also a shade different than ‘food/respite’ and if someone can ‘reserve the right to refuse service to anyone’ :rolleyes:, why the hell should that woman be ostracized for not wanting to touch a man? She’s not a freaking surgeon!

I’d also opine that henna services at a fair or some such a bit out of the realm of ‘public accommodation’.

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**Author:** ![BrightNShiny](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@BrightNShiny](https://boards.straightdope.com/u/BrightNShiny)\
**Post date:** [July 1, 2011, 11:33pm UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104/62 "2011-07-01T23:33:43Z")

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> [@Skald\_the\_Rhymer](#):
>
> I’m a black man married to an biracial woman who looks white. I believe that, if a photographer running a sole proprietorship business had refused to do our wedding because she or he didn’t like the idea of an appaarently-interracial couple marrying, he or she would have been within his rights and should not be subject to government sanction.

This is GQ not GD. If you’re expressing your own opinion about what the law should be, than so be it. But in the situation you outline, the photographer would probably be violating the law in a number of states.

On another note, I did do some research, and the Federal public accommodations law prohibits discrimination on the basis of race, color, religion or national origin in a select list of business types (basically: lodgings of a certain size, eateries and entertainment venues). Notice that gender is not included in this list.

There are other sections of Federal law which prohibit certain types of businesses (such as universities that receive Federal funds) from discriminating on the basis of gender. I didn’t do an exhaustive examination, but I didn’t see any law that a henna parlor would fit under with regards to gender discrimination. If anyone who has more expertise in this area wants to correct, feel free.

However, as has been pointed out in this thread, many states have much broader prohibitions on discrimination by business, and I think a henna parlor which was discriminating on the basis of gender would run into problems in several states. I think the OPs description would be severely problematic in California, for example, because of the broad nature of California’s civil rights law.

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**Author:** ![Skald\_the\_Rhymer](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Skald\_the\_Rhymer](https://boards.straightdope.com/u/Skald_the_Rhymer)\
**Post date:** [July 1, 2011, 11:37pm UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104/63 "2011-07-01T23:37:26Z")

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> [@BrightNShiny](#):
>
> This is GQ not GD.

You’re right; I apologize. I thought we were in Great Debates.

> [@](#):
>
> If you’re expressing your own opinion about what the law should be, than so be it. But in the situation you outline, the photographer would probably be violating the law in a number of states.

Maybe so. I’m far from an expert on the law.

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [July 2, 2011, 2:30am UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104/64 "2011-07-02T02:30:57Z")

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> [@CitizenPained](#):
>
> I should have a degree of liberty so that I don’t have to be touched by men to suit their fancy.
> 
> But the reason why I said “woman” and “female” is because I am a female and I have never had a penis or high levels of testosterone or the experiences of being a man. I can sympathize with men who feel the same way, but I can only relate so much.
> 
> Don’t nitpick.
> 
> Which is why many Orthodox women (of whatever variety) chose to work in their communities, in private ambulances, become obygns, etc.
> 
> Israel does have some provisions for halachah-following Orthodox women in the military, and that’s understandable. The US does not, but Orthodox men seem to do all right. (Not sure how many of them follow the prohibition of touching women.)
> 
> **Dio** , if I am so stupid that I can’t even read with comprehension and you insist on insulting me with every post, I certainly don’t want to talk to your wife as I would just take up her time and patience. As of now, I’m putting you on ignore. Normally I’m too lazy to go through the trouble, but you can be my first.
> 
> Somehow I think that being in the financial industry is _not_ like a Jew or Muslim working in a bacon factory. Shaking your hand is not a requirement for the job. Get over it.

Reported.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 2, 2011, 4:10am UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104/65 "2011-07-02T04:10:18Z")

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> [@CitizenPained](#):
>
> As of now, I’m putting you on ignore. Normally I’m too lazy to go through the trouble, but you can be my first.

[Moderator Warning]

**CitizenPained** , mentioning who is on your [ignore list is not allowed outside of the Pit.](http://boards.straightdope.com/sdmb/showpost.php?p=7697065&postcount=13) This is an official warning.

> [@](#):
>
> Hinting that any particular person or group of people is on your ignore list is very strictly frowned upon. Revealing the usernames of people on your ignore list is forbidden at this board outside of the forum called BBQ Pit

Colibri  
General Questions Moderator

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 2, 2011, 4:17am UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104/66 "2011-07-02T04:17:44Z")

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[Moderator Instructions]

As others have noted, this is GQ not GD. The question at hand is whether there is a legal basis for suing someone who discriminates on religious grounds.

If you want to offer your opinion on whether or not such discrimination should be legal or not, please start another thread in GD or IMHO.

Colibri  
General Questions Moderator

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 2, 2011, 4:31am UTC](https://boards.straightdope.com/t/cab-you-be-sued-if-your-religion-is-discriminatory/587104/67 "2011-07-02T04:31:57Z")

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> [@Diogenes\_the\_Cynic](#):
>
> So your assertion that the SA discriminates against Jews is ignorant, paranoid bullshit.

> [@Diogenes\_the\_Cynic](#):
>
> Your ignorance is eclipsed only by your arrogant zealotry.

[Moderator Warning]

After reading through the thread, I’m issuing a warning for these remarks as well. These are out of line for GQ, and constitute a personal attack. You have been requested repeatedly by the moderation staff to dial back on these kind of remarks. I’m instructing you officially to moderate your language outside of the Pit.

Colibri  
General Questions Moderator

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