Nonetheless, it would be reasonable for a government official to subject Chick-fil-A to careful scrutiny in order to ensure that the company really is complying with anti-discrimination laws. And indeed, a recent posting on Chick-fil-A’s website states that the company “treat every person with honor, dignity and respect-regardless of their. Of course, it is possible for the leadership of a firm to oppose same-sex marriage and simultaneously comply with such anti-discrimination laws.
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For while a case of clear-cut retaliation by a government official or entity against Chick-fil-A would violate the First Amendment, there remains a considerable gray area in the applicable law.Īlthough federal law does not forbid discrimination on the basis of sexual orientation by private firms, in many places state or local law does. That said, civil libertarians should think twice before championing Chick-fil-A’s cause in all contexts.
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For a government entity to deny Chick-fil-A a license for no other reason than its president’s speech-no matter how distasteful that speech may be-would clearly violate the First Amendment. There are plenty of good reasons for an individual to avoid patronizing Chick-fil-A-not just the company’s opposition to equality for LGBT humans, but also the plight of the chickens whose slaughtered flesh Chick-fil-A laughingly sells. In response, some of the politicians backed down. Private customers are entitled to withhold their business from a company based on their opposition to the company’s politically contentious speech, but the Constitution forbids government officials from denying licenses and other benefits on the basis of such speech, the critics noted. Chicago Alderman Joe Moreno went the farthest, flatly announcing, “I will deny Chick-fil-A a permit to open a restaurant in my ward.”Ĭriticism ensued from the likes of Oman, Volokh, and the American Civil Liberties Union. In addition, a number of local politicians around the country entered the fray by warning that Cathy’s remarks could cost the company should it apply for such legal necessities as building permits or restaurant licenses. Private citizens who disagreed with Cathy organized boycotts of Chick-fil-A. Although the company has denied that it is anti-gay, last month its president, Cathy, stated publicly that his company supports “the Biblical definition of the family unit” and that he prays for “God’s mercy on our generation that has such a prideful, arrogant attitude to think that we have the audacity to try to redefine what marriage is about.” Gay-rights supporters have noted that over the last several years, the privately held business Chick-fil-A donated millions of dollars to organizations that oppose same-sex marriage and other gay rights. Nonetheless, as I shall explain in this column, the Chick-fil-A controversy raises a question that will often prove vexing, because the speech of businesses and their representatives can be a legitimate concern of local government for two main reasons: First, speech manifesting bias may hint at illegal conduct manifesting the same bias and second, in many circumstances private speech may implicate the government itself. I agree with the analyses of Oman and Volokh, given the facts as they appear.
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Constitution forbids government officials from discriminating against a person or business based on the viewpoints expressed by the person or by a representative of the business. As law professors Nathan Oman and Eugene Volokh each independently observed, the First Amendment to the U.S. Recently, mayors and other politicians in Boston, Chicago, San Francisco, and elsewhere drew criticism for their comments suggesting that they would consider imposing legal obstacles to the expansion of the Chick-fil-A restaurant chain in retaliation for the anti-same-sex-marriage statements of the chain’s president, Dan Cathy.