Across the country, there have been several states that have proposed supposed "right to discriminate" laws under the guise of "religious freedom." The latter is an interesting concept, since I'm not really sure where in the bible it calls upon Christians to discriminate against anyone. But that's besides the point.
Luckily, most have failed. Kansas came closest so far, but Arizona passed both the state house and senate. But it too has a fatal flaw.
Truth be told, discrimination against gay people is already quite legal. In 29 states, you can be fired because you're gay. A federal ENDA would resolve that issue. Most states don't have protections against other discrimination against gay people such as in public accommodations, which is misunderstand by many. You don't need to pass a "right to discriminate" law when the law doesn't ban it in the first place. Of course, that doesn't stop many from attempting to do so in ignorance.
No, what isn't known is that federal law already prohibits the exactly kind of discrimination that they are attempting to allow. While it's true that it is legal to discriminate on the basis of sexual orientation, it is against federal law to discriminate against people in public accommodations on the basis of race, gender, religion and national origin.
Stick with me here. It's illegal to discriminate against people on the basis of race. For example, if a different race couple were to ask for wedding services, it is illegal under federal law to deny them simply because of their race.
Similarly, if a same gender couple were to ask for wedding services, it is already illegal under federal law to deny them simply because of their gender.
This isn't an unimportant distinction. Many people who provide wedding services readily admit they'll fully serve people who are gay. Bakers have said they'll totally bake birthday cakes for gay people. Florists have sold flowers to many gay people over the years. What they refuse to do is sell to couples for a same sex wedding.
And it is illegal under federal law to deny public accommodations to anyone simply because of their sex.
And so therein lies the problem. Interestingly enough, the laws that have been proposed have been quite varied. Some specifically target same sex weddings. Others target only weddings banned by the state constitution. Arizona's is by far the most expansive being able to deny anyone for any religious reason. Others narrow it to only anything not illegal under federal law.
But it's still illegal under federal law to deny services because of their gender.
For even as many wedding vendors will tell you, they'll totally serve any gay person who comes in their door. It's only same sex weddings they won't do.
