Gather ye, people, and hear me talk of the topic of “indirect discrimination”.
In an EXTREMELY simplified story, because I don’t know much.
But the reason we have “protected classes” is that if I discriminate against people based on some stupid prejudice that only I have, it doesn’t make much difference. But we have had a history of essentially <i>everyone</i> in a country discriminating against women, or black people, or foreign people, or people-not-of-religion-X, and <i>then</i> those people find themselves unable to do many basic human things at all. So, very wisely, many countries made discrimination on those grounds illegal, and things got somewhat better.
However, many countries (I assume the USA, but don’t know for sure) also don’t allow indirect discrimination in many situations. That is, I can’t put up a sign saying “no women”, but I also can’t put up a sign saying “no people of either gender with long hair” because woman are more likely to have long hair. And if that WERE allowed then everyone who WANTED to discriminate against a protected class would just put up a sign saying “no foreign-sounding names” rather than “no foreigners” and get away with it.
This has the problem that sometimes someone wants to discriminate for a good reason. Say, the job often involves lifting heavy things, and they want a strong person. But it’s not clear if it REALLY needs someone who can lift heavy things or actually the employer is exaggerating, so a court has to decide.
Often this happens completely by accident, an employer (or other) genuinely didn’t realise a potential problem. And sometimes a court says “that’s silly, it clearly wasn’t discrimination” and sometimes “sorry, that’s clearly discrimination even if you didn’t mean it, you have to stop”.
The point I’m making is that this is NOT COMPLETELY OBVIOUS and you can’t figure it out solely by thinking hard – you have to know the history a little. So people trying to decide whether this issue is a problem can’t do it purely by expressing opinions, it depends if it fits into a history of discrimination or not.
Does it?
I don’t know. It probably breaks the letter of the law, as Christians are much, much more likely to have a church bulletin than non-Christians (even though many Christians don’t, and some Christians do, and all can).
But also, it’s probably not intended to do so; it’s probably intended to support religiously active people, rather than Christians generally, and probably to bring in custom.
The test would be, if there were a synagogue nearby, and someone did bring in a synagogue newsletter, would the response be “out! out! out!” or “oh, huh, I didn’t think of that, ok, that’s fine”? If the first, that’s bad, and morally and probably legally discrimination against a protected class. If the second, then probably not (although maybe they should alter their advertising to make it clear).
Pretty much like the court case linked above.
If there isn’t a synagogue nearby, there probably isn’t much problem, even if there are non-religious people nearby. So for once, I recommend “live and let live”, until a committed non-Christian genuinely wants a cheap lunch, at which point we should decide.