# In the US, can a caterer refuse to cater an interracial marriage? **URL:** \ **Category:** Factual Questions\ **Created:** [April 5, 2015, 11:45pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931 "2015-04-05T23:45:56Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![usedtobe](https://avatars.discourse-cdn.com/v4/letter/u/ec9cab/32.png) [@usedtobe](https://boards.straightdope.com/u/usedtobe)\ **Post date:** [April 6, 2015, 4:44am UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/21 "2015-04-06T04:44:24Z")
I just realized: We now (thankfully) have a generation who has never seen an empty restaurant with little “Reserved” signs on them. “No, is isn’t because you’re \_\_\_\_\_ that we can’t seat you, it’s because all these tables (and the stools at counter, too) are reserved”. And I am thankful that some do not know of anti-miscegenation laws. ---
**Author:** ![CraterLayer](https://avatars.discourse-cdn.com/v4/letter/c/87869e/32.png) [@CraterLayer](https://boards.straightdope.com/u/CraterLayer)\ **Post date:** [April 6, 2015, 5:22am UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/22 "2015-04-06T05:22:56Z")
> [@grude](#): > > This is what most do, which makes it nearly impossible to prove. I would like a cite on your claim that “This is what most do”. I would presume that most small business owners welcome any chance to make profits. That there are a few fanatics that make the news does not give anyone the right to condemn a whole group, especially when its “nearly impossible to prove”. ---
**Author:** ![misling](https://avatars.discourse-cdn.com/v4/letter/m/3ab097/32.png) [@misling](https://boards.straightdope.com/u/misling)\ **Post date:** [April 6, 2015, 1:53pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/23 "2015-04-06T13:53:42Z")
I’m presuming he/she meant: “This is what the majority of those businesses that want to reject certain customers do.” Not: “This is what the majority of existing businesses do.” ---
**Author:** ![cjepson](https://avatars.discourse-cdn.com/v4/letter/c/a9adbd/32.png) [@cjepson](https://boards.straightdope.com/u/cjepson)\ **Post date:** [April 6, 2015, 3:34pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/24 "2015-04-06T15:34:12Z")
> [@usedtobe](#): > > And I am thankful that some do not know of anti-miscegenation laws. I’m thankful that we’ve gotten to the point where it’s _possible_ for people not to know of such laws. But I don’t want people to actually not know about them. Those who are ignorant of the past, etc… ---
**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\ **Post date:** [April 6, 2015, 4:23pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/25 "2015-04-06T16:23:44Z")
> [@John\_Mace](#): > > These are recognized religions in the US? That is, they have tex exempt status? Some have been denied as with Richard Butler of the Aryan Nations, some sadly have been [acknowledged](http://en.wikipedia.org/wiki/Creativity_%28religion%29#US_Federal_recognition). ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 6, 2015, 4:46pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/26 "2015-04-06T16:46:24Z")
> [@CraterLayer](#): > > I would like a cite on your claim that “This is what most do”. I would presume that most small business owners welcome any chance to make profits. That there are a few fanatics that make the news does not give anyone the right to condemn a whole group, especially when its “nearly impossible to prove”. I think “most” refers to “most small business who want to discrimiinate”, as opposed to “most all small business owners”. If they WANT to discriminate they will use an excuse like “I’m already overbooked” rather than explain how your skin color makes you revolting to them. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 6, 2015, 6:25pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/27 "2015-04-06T18:25:53Z")
> [@usedtobe](#): > > He cannot be compelled. > > He can be sued for racial discrimination. > Conceivably, Federal charges can be brought. > > I’ll let the lawyers get into details. > > As for law, being “forced” to perform a specified action is known as “specific performance” and is rarely invoked. Monetary damages are the common remedy under tort law. > > And: from Business Law 101: Specific performance can be awarded in matters involving sale of real estate or other non-fungible items. The first line and second lines are basically correct. The rest is iffy. First, _specific performance_ is not available as a remedy in tort at all. It’s available only in contract actions, and only for conveyance of unique items (real estate is always considered unique, but it could also include grandma’s heirloom ring or an original work of art, etc.) Discrimination cases are sometimes called “statutory torts”, but they’re really an entirely separate body of law. Assuming, for the sake of argument, that we are talking about a contract action (caterer enters into contract to provide services, then refuses later on) specific performance will not be granted anyway. Specific performance is (almost) never available as a remedy for breach of a personal services contract. To answer the OP’s question, the Civil Rights Act of 1964 prohibits race discrimination by the following businesses: [QUOTE=42 U.S. Code § 2000a] (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. [/QUOTE] Catering services are not engaged in the business of selling food for consumption “on premises”, so they can discriminate as much as they like so far as federal law is concerned. Most states have _broader_ race discrimination statutes, however. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 6, 2015, 6:32pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/28 "2015-04-06T18:32:42Z")
Sidebar: I’m struck by how limited a listing that is, compared to the breadth of public services and accommodations which are covered by Canadian human rights laws ---
**Author:** ![sweat209](https://avatars.discourse-cdn.com/v4/letter/s/9fc348/32.png) [@sweat209](https://boards.straightdope.com/u/sweat209)\ **Post date:** [April 6, 2015, 6:40pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/29 "2015-04-06T18:40:31Z")
> [@boytyperanma](#): > > It’s illegal to poison food. > > If someone is unwilling to serve the public equally they should not be granted permission to do so. If they can’t be trusted they shouldn’t be in business to begin with. If they hate some one they probably don’t care what they do to them. They are breaking the law anyways by discrimination not serving them. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 6, 2015, 7:33pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/30 "2015-04-06T19:33:28Z")
> [@Northern\_Piper](#): > > Sidebar: I’m struck by how limited a listing that is, compared to the breadth of public services and accommodations which are covered by Canadian human rights laws Can you give some examples? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 6, 2015, 7:38pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/31 "2015-04-06T19:38:22Z")
> [@Northern\_Piper](#): > > Sidebar: I’m struck by how limited a listing that is, compared to the breadth of public services and accommodations which are covered by Canadian human rights laws Well, there are other federal antidiscrimination laws which basically extend the provisions of the CRA into other zones (such as the Equal Housing Act.) I just didn’t mention any of them because I can’t see any which might conceivably apply to an off-site catering service. There are also state laws which _do_ (though my state’s doesn’t.) It’s easier for the states to pass this sort of legislation because they don’t have to find authority for it. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 6, 2015, 8:07pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/32 "2015-04-06T20:07:25Z")
> [@Boyo\_Jim](#): > > Can you give some examples? In the [Canadian Human Rights Act](http://laws-lois.justice.gc.ca/eng/acts/H-6/page-1.html#docCont), here’s the main section dealing with public services and accomodations: > [@](#): > > Denial of good, service, facility or accommodation > > 1. It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public > > (a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or > > (b) to differentiate adversely in relation to any individual, > > on a prohibited ground of discrimination. That only applies to to accomodations or services coming under federal jurisdiction, but the provincial laws are all very similar. For instance, here’s the [Ontario provision](http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm#BK2): > [@](#): > > 1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. > > Accommodation > 2. (1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance. These terms, “Accommodation” and “services” have been interpreted very broadly by the courts. As a general rule, if you’re in business, you’re covered by these requirements, either federal or provincial. It’s not the shopping list approach in the US federal provision quoted by **Really Not All that Bright**. ---
**Author:** ![sweat209](https://avatars.discourse-cdn.com/v4/letter/s/9fc348/32.png) [@sweat209](https://boards.straightdope.com/u/sweat209)\ **Post date:** [April 6, 2015, 8:19pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/33 "2015-04-06T20:19:55Z")
> [@Northern\_Piper](#): > > Sidebar: I’m struck by how limited a listing that is, compared to the breadth of public services and accommodations which are covered by Canadian human rights laws Are you trying to say US is not that good on laws on discrimination? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 6, 2015, 8:47pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/34 "2015-04-06T20:47:40Z")
This being GQ, I would venture to say Northern Piper is merely remarking that Canadian anti-discrimination laws are broader. ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [April 6, 2015, 9:04pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/35 "2015-04-06T21:04:06Z")
If someone really was intent on refusing such service, undoubtedly they would find some benign reason to refuse service. It would be more fun to analyse this if the facts were that it was a disabled, interracial, same sex, aged, (fill in religion here) couple requesting the service. ---
**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\ **Post date:** [April 6, 2015, 9:05pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/36 "2015-04-06T21:05:59Z")
I’m assuming that “interracial” means black man/white woman? I wonder how many of the people who have an issue with that do not have an issue with the other one we see the most (at least around here), which is white man/Asian woman. :dubious: ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [April 6, 2015, 10:21pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/37 "2015-04-06T22:21:53Z")
> [@Hilarity\_N.Suze](#): > > How could there be a religious objection? I’m just curious as to what religion has codified this, but Og knows I have no sense of theology. In 1978, an American preacher in South Korea told me that the Bible prohibits inter-racial marriage and thus no such marriages are permitted in his church. IIRC, the denomination was the Church of the Brethren. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 6, 2015, 10:27pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/38 "2015-04-06T22:27:26Z")
> [@Hilarity\_N.Suze](#): > > How could there be a religious objection? I’m just curious as to what religion has codified this, but Og knows I have no sense of theology. Bob Jones University [prohibited interracial dating](http://en.wikipedia.org/wiki/Bob_Jones_University#History) (much less marriage) on (purported) Biblical grounds until 2000, when it got George W. Bush in trouble. Bob Jones Sr. was an :evangelical Methodist"; I presume his views are not widely held among Methodists today. See [recent thread](http://boards.straightdope.com/sdmb/showthread.php?p=18245032) on the policy. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 6, 2015, 11:38pm UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/39 "2015-04-06T23:38:57Z")
> [@sweat209](#): > > Are you trying to say US is not that good on laws on discrimination? The US has very good anti-discrimination laws. The federal statute listed earlier takes a narrower approach than the Canadian federal Act, but as **RNATB** comments, that’s likely due to constitutional restraints on the federal Congress’ legislative powers. I’m not in a position to comment on how that federal law interacts with state laws, which appears to be another difference from the Canadian approach. ---
**Author:** ![usedtobe](https://avatars.discourse-cdn.com/v4/letter/u/ec9cab/32.png) [@usedtobe](https://boards.straightdope.com/u/usedtobe)\ **Post date:** [April 7, 2015, 3:24am UTC](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931/40 "2015-04-07T03:24:09Z")
> [@Northern\_Piper](#): > > Sidebar: I’m struck by how limited a listing that is, compared to the breadth of public services and accommodations which are covered by Canadian human rights laws Given the huge fight\* over each and every word in that Act, it is actually a large list. (the courts, IIRC, later expanded the definition of “interstate” past the point the bigots were hoping to exploit by saying “My business does not do business across State lines, so I’m not bound”. - - Lincoln was a Republican (yes, the party has changed). Consequently, the former CSA was solidly Democratic until this law. In 1968, Nixon’s “Southern Strategy” was to point out to the sourthern whites that “It was those nasty Democrats who crammed Integration down your throats - we’re the good guys”. It worked. [Previous page](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931.md?page=1) [Next page](https://boards.straightdope.com/t/in-the-us-can-a-caterer-refuse-to-cater-an-interracial-marriage/716931.md?page=3)