Monday, May 6, 2019

At common law, merchants prohibited “from refusing, without good reason, to serve a customer.”

NPR: “Business Leaders Oppose 'License To Discriminate' Against LGBT Texans”

How would you feel if you called a plumber because a burst pipe was flooding your house, and he, seeing a cross displayed, turned around and left because he had “a sincere religious belief” that Christians are infidels? A proposed Texas law would legitimize such bigotry to protect “sincerely held” personal “beliefs.”

For centuries, common law has prohibited merchants “from refusing, without good reason, to serve a customer.”

Almost a quarter of a century ago, the Supreme Court ruled against Colorado Amendment 2, which forbade local jurisdictions from passing laws protecting the civil rights of LGBTQ people. In Romer v. Evans, the Court said, “A State cannot so deem a class of persons a stranger to its laws.”

Romer v. Evans also noted: “At common law, innkeepers, smiths, and others who `made profession of a public employment,' were prohibited from refusing, without good reason, to serve a customer.”

Nevertheless, here we go again. Austin Chronicle: Texas Senate Bill 17 is “a far-reaching religious liberty bill that would give any professional licensed by the state of Texas – including doctors, lawyers, teachers, real estate agents, and even mold assessors – a license to discriminate under the guise of protecting “freedom of speech” regarding “sincerely held” religious beliefs. If passed into law, SB 17 would protect licensed professionals who wish to deny services to those who defy their religious beliefs.”

The sad part is that such malevolent religious right foolishness is bad for Texas commerce. Wade Goodwyn:

The convention and travel industries in particular tend to be the canaries in the coal mine when it comes to these types of bills. Phillip Jones, president and CEO of VisitDallas, says they'd be the first to keel over if the controversial 'religious refusal' legislation passes.

"One in ten trade shows held in America are held in Texas. I've got a hundred million dollar's worth of business that's currently at risk, if this legislation were to pass," says Jones. "Based on our experience with the bathroom bill they have a provision in their contracts that spells out that, should Texas pass any form of discriminatory legislation, then they can cancel their meeting in Texas or in Dallas without any penalties."
The irrationality underlying all this is the implied argument that, (at least for people you approve of) “sincerely held personal beliefs” must be true and just. People are often most convinced where they are most wrong. The Inquisition, the Holocaust, and Jim Crow are all examples of how intensely emotional beliefs can have consequences which shock the conscience. They can lead to conduct not bounded by ethics, by the laws, or by the least vestige of humane sympathy. Sincerely held, but wrong, personal beliefs can lack the constraints of justice, resulting in extrajudicial determination of guilt and kangaroo court justice.

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