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Can a LGBT person sue the parents of a child who refuses to sell lemonade to them?

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2

According to Wikipedia, running a lemonade stand is a business.

If the parents of a child have instructed their child not to sell lemonade to a LGBT person, can the LGBT person sue the child's parents based on sexual-orientation discrimination? Or are home-based businesses exempt from having to serve everyone in the general public?

united-states constitutional-law civil-law discrimination

share|improve this question

asked 4 hours ago

HRIATEXPHRIATEXP

14216

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Why do you believe that a business, home-based or not, must serve everybody in the public? The supreme court has ruled otherwise
  
  – Ron Beyer
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ron Beyer, That ruling was rather narrow. It didn't claim that vendors providing public services were allowed to discriminate against protected classes, nor did it resolve the issue of whether religious liberty or anti-discrimination laws take precedence in general.
  
  – Dan Bryant
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @Ron Beyer, I just read that article and that baker refused to sell to a gay couple based on his religious beliefs. Yet, say that the parents are atheists and just simply hate LGBT people, then I doubt they would win in a case if it went to court.
  
  – HRIATEXP
  4 hours ago
  
  
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @HRIATEXP, In the bakery case, the court chose to sidestep the thorny questions a bit and basically ruled that the baker wasn't treated fairly by the Colorado Civil Rights Commission because they showed animus in response to his religious liberty arguments. I don't want to speculate on your particular question, but just wanted to clarify that the ruling Ron brought up was more limited than claimed.
  
  – Dan Bryant
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @HRIATEXP: Religious Freedom in the United States protects ones right to believe there is no God just as much as it protects ones right to believe in God. Or any notation in between and beyond. And the reverse has happened where shops run by LGBT people refused to make products advocating for things the owner disagrees with.
  
  – hszmv
  3 hours ago
  

  
  
  
  

 | 
show 2 more comments

2

According to Wikipedia, running a lemonade stand is a business.

If the parents of a child have instructed their child not to sell lemonade to a LGBT person, can the LGBT person sue the child's parents based on sexual-orientation discrimination? Or are home-based businesses exempt from having to serve everyone in the general public?

united-states constitutional-law civil-law discrimination

share|improve this question

asked 4 hours ago

HRIATEXPHRIATEXP

14216

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Why do you believe that a business, home-based or not, must serve everybody in the public? The supreme court has ruled otherwise
  
  – Ron Beyer
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Ron Beyer, That ruling was rather narrow. It didn't claim that vendors providing public services were allowed to discriminate against protected classes, nor did it resolve the issue of whether religious liberty or anti-discrimination laws take precedence in general.
  
  – Dan Bryant
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @Ron Beyer, I just read that article and that baker refused to sell to a gay couple based on his religious beliefs. Yet, say that the parents are atheists and just simply hate LGBT people, then I doubt they would win in a case if it went to court.
  
  – HRIATEXP
  4 hours ago
  
  
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  @HRIATEXP, In the bakery case, the court chose to sidestep the thorny questions a bit and basically ruled that the baker wasn't treated fairly by the Colorado Civil Rights Commission because they showed animus in response to his religious liberty arguments. I don't want to speculate on your particular question, but just wanted to clarify that the ruling Ron brought up was more limited than claimed.
  
  – Dan Bryant
  4 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @HRIATEXP: Religious Freedom in the United States protects ones right to believe there is no God just as much as it protects ones right to believe in God. Or any notation in between and beyond. And the reverse has happened where shops run by LGBT people refused to make products advocating for things the owner disagrees with.
  
  – hszmv
  3 hours ago
  

  
  
  
  

 | 
show 2 more comments

According to Wikipedia, running a lemonade stand is a business.

If the parents of a child have instructed their child not to sell lemonade to a LGBT person, can the LGBT person sue the child's parents based on sexual-orientation discrimination? Or are home-based businesses exempt from having to serve everyone in the general public?

united-states constitutional-law civil-law discrimination

share|improve this question

asked 4 hours ago

HRIATEXPHRIATEXP

14216

share|improve this question

asked 4 hours ago

HRIATEXPHRIATEXP

14216

share|improve this question

asked 4 hours ago

HRIATEXPHRIATEXP

14216

asked 4 hours ago

HRIATEXPHRIATEXP

14216

asked 4 hours ago

HRIATEXPHRIATEXP

14216

1 Answer
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5

There is no federal prohibition against sexual discrimination in public accomodations. Colorado has an applicable state law, which covers "any place of business engaged in any sales to the public", where "It is a discriminatory practice and unlawful ...to refuse, withhold from, or deny to an individual or a group, because of ...sexual orientation...the full and equal enjoyment of the goods...". No provision exempts lemonade stands. Churches etc. are specifically exempted: "'Place of public accommodation' shall not include a church, synagogue, mosque, or other place that is principally used for religious purposes". Sex discrimination is allowed "if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation", an argument that can't reasonably be made in the described case.

It is also not obvious that running a lemonade stand is a business (the courts will not admit unsubstantiated Wiki assertions as evidence). It would be relevant to wonder what constitutes a "business" under Colorado law. E.g. is a business license required?

In Colorado (US) law, it has not been definitively decided whether there can be a religious exception to the anti-discrimination law. Masterpiece Cakeshop was decided without answering that (the state showed clear religious intolerance in its handling of the case). We do not know how a similar case will be decided: Arlene's Flowers was handed back to the state court with the instruction "do it again" (with nothing more than a mention of Masterpiece Cakeshop). The court cannot establish certain beliefs and practices as "valid religions" (Establishment Clause); the proxy expression that is used is "deeply held belief", which includes atheism. The relationship of the issue to the First Amendment is uncertain.

share|improve this answer

answered 3 hours ago

user6726user6726

59.4k453101

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5

There is no federal prohibition against sexual discrimination in public accomodations. Colorado has an applicable state law, which covers "any place of business engaged in any sales to the public", where "It is a discriminatory practice and unlawful ...to refuse, withhold from, or deny to an individual or a group, because of ...sexual orientation...the full and equal enjoyment of the goods...". No provision exempts lemonade stands. Churches etc. are specifically exempted: "'Place of public accommodation' shall not include a church, synagogue, mosque, or other place that is principally used for religious purposes". Sex discrimination is allowed "if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation", an argument that can't reasonably be made in the described case.

It is also not obvious that running a lemonade stand is a business (the courts will not admit unsubstantiated Wiki assertions as evidence). It would be relevant to wonder what constitutes a "business" under Colorado law. E.g. is a business license required?

In Colorado (US) law, it has not been definitively decided whether there can be a religious exception to the anti-discrimination law. Masterpiece Cakeshop was decided without answering that (the state showed clear religious intolerance in its handling of the case). We do not know how a similar case will be decided: Arlene's Flowers was handed back to the state court with the instruction "do it again" (with nothing more than a mention of Masterpiece Cakeshop). The court cannot establish certain beliefs and practices as "valid religions" (Establishment Clause); the proxy expression that is used is "deeply held belief", which includes atheism. The relationship of the issue to the First Amendment is uncertain.

share|improve this answer

answered 3 hours ago

user6726user6726

59.4k453101

add a comment | 

5

There is no federal prohibition against sexual discrimination in public accomodations. Colorado has an applicable state law, which covers "any place of business engaged in any sales to the public", where "It is a discriminatory practice and unlawful ...to refuse, withhold from, or deny to an individual or a group, because of ...sexual orientation...the full and equal enjoyment of the goods...". No provision exempts lemonade stands. Churches etc. are specifically exempted: "'Place of public accommodation' shall not include a church, synagogue, mosque, or other place that is principally used for religious purposes". Sex discrimination is allowed "if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation", an argument that can't reasonably be made in the described case.

It is also not obvious that running a lemonade stand is a business (the courts will not admit unsubstantiated Wiki assertions as evidence). It would be relevant to wonder what constitutes a "business" under Colorado law. E.g. is a business license required?

In Colorado (US) law, it has not been definitively decided whether there can be a religious exception to the anti-discrimination law. Masterpiece Cakeshop was decided without answering that (the state showed clear religious intolerance in its handling of the case). We do not know how a similar case will be decided: Arlene's Flowers was handed back to the state court with the instruction "do it again" (with nothing more than a mention of Masterpiece Cakeshop). The court cannot establish certain beliefs and practices as "valid religions" (Establishment Clause); the proxy expression that is used is "deeply held belief", which includes atheism. The relationship of the issue to the First Amendment is uncertain.

share|improve this answer

answered 3 hours ago

user6726user6726

59.4k453101

add a comment | 

There is no federal prohibition against sexual discrimination in public accomodations. Colorado has an applicable state law, which covers "any place of business engaged in any sales to the public", where "It is a discriminatory practice and unlawful ...to refuse, withhold from, or deny to an individual or a group, because of ...sexual orientation...the full and equal enjoyment of the goods...". No provision exempts lemonade stands. Churches etc. are specifically exempted: "'Place of public accommodation' shall not include a church, synagogue, mosque, or other place that is principally used for religious purposes". Sex discrimination is allowed "if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation", an argument that can't reasonably be made in the described case.

It is also not obvious that running a lemonade stand is a business (the courts will not admit unsubstantiated Wiki assertions as evidence). It would be relevant to wonder what constitutes a "business" under Colorado law. E.g. is a business license required?

In Colorado (US) law, it has not been definitively decided whether there can be a religious exception to the anti-discrimination law. Masterpiece Cakeshop was decided without answering that (the state showed clear religious intolerance in its handling of the case). We do not know how a similar case will be decided: Arlene's Flowers was handed back to the state court with the instruction "do it again" (with nothing more than a mention of Masterpiece Cakeshop). The court cannot establish certain beliefs and practices as "valid religions" (Establishment Clause); the proxy expression that is used is "deeply held belief", which includes atheism. The relationship of the issue to the First Amendment is uncertain.

share|improve this answer

answered 3 hours ago

user6726user6726

59.4k453101

share|improve this answer

answered 3 hours ago

user6726user6726

59.4k453101

answered 3 hours ago

user6726user6726

59.4k453101

answered 3 hours ago

user6726user6726

59.4k453101