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The Tongva Times

The Tongva Times

The Tongva Times

Bias against identity is unconstitutional

    By Leslie Lim 

    Staff Writer 

        On October 8, the Supreme Court heard a series of blockbuster cases in order to determine whether or not LGBT workers are protected under the nation’s federal anti-discrimination law which would protect LGBT workers from being fired on the basis of their identity. Although opponents for the expansion of the law advocate that legislation such as this hinder the right of those that practice religion, they enable the discrimination of certain groups in society. Businesses, should not be allowed to discriminate against customers and workers  as it violates the people’s rights.

        In 2016, Mississippi passed a law allowing businesses to refuse service to LGBTQ+ customers on the basis of their religious beliefs on marriage and gender. This perpetuates discrimination as it allows those with religious convictions to discriminate against certain groups. 

       Mississippi, is not the only state that retains laws that permit the denying of service. According to CNN, Arizona, Arkansas, Georgia, Idaho, Mississippi and South Dakota allows pharmacists to decline the sale of emergency contraceptives, on the basis that it goes against their moral beliefs.

       These laws perpetuate separation in society, creating a divisive nation. It also infringes on the rights given to all by the 14th Amendment which states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” In essence, this amendment protects all individual rights of the people, including the right to live free without discrimination. 

       Although businesses remain the right to refuse service, according to the Civil Rights Act of 1964, they cannot refuse service to patrons on the basis of race, color, religion, or national origin. However, the act has not been edited in order to encompass a larger range of identities such as identifying as LGBTQ+. 

       In 2018, a controversial Supreme Court case ruled in favor of the baker who had refused service to a gay couple as he believed it was against his religious convictions. This is morally incorrect as it separates people who identify LGBTQ+ from the rest of the population as they are unable to receive the same service from a business. 

       In a survey conducted by the Public Religion Research Institute, they found that,“Six in 10 Americans oppose allowing a small-business owner in their state to refuse products or services to gay people even if providing them would violate the business owner’s religious beliefs.” 

       Although supporters of allowing small businesses to discriminate cite the First Amendment, which includes the right to freedom of religion, it brings up a feeble argument. If one’s right to religion infringes on one’s right to live without being discriminated against, then it nullifies the extension of religion into business.

       In order to fight such laws as these, we must advocate that federal anti-discrimination laws be specificed to not allow discrimination by businesses based on moral and religious reasons as it perpetuates a cycle in which religion is used to oppress certain groups. 

       Businesses reserve the right to refuse service, but not on the basis of one’s identity. 

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    Bias against identity is unconstitutional