SCOTUS *FINALLY* rules 6-3 that Queers Cannot Force Businesses to Make Shit for Them
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LET'S GOOoOoooo!!!
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The deciding point is when you open a business. Before you open a business, you can do whatever you want. Once you open a business, you accept the limitations. Your finances are separated, your morals are separated from the business. The business is its own entity. It doesn't matter what the product is. Intellectual, physical or "art" it's the product. The product comes from the business, not you. If you don't want to sell to Jews, Christians or frogs then close the business. Business is business. I totally understand people's emotions, and I have the same feelings, but having run businesses, I know that once the business is open, then YOU are NOT the BUSINESS. The business is a separate entity, governed by DIFFERENT laws than the individual person.
What you are describing is a corporate structure where the business is its own entity and owners are stockholders.
Not every small business incorporates. They can be a sole proprietor or a partnership in which case the business is the person or persons and they have full liability for their business.
You are correct. A DBA, LLC, LLP and other such entities are usually governed by respective state law and vary widely state to state. Specifically, I have no experience with those structures. It MAY BE true that such smaller structures are NOT bound by such strict discrimination laws. As a general rule, I would NOT risk such a legal quandary. IF I were running such an entity and had a desire to discriminate, I would dissolve the BUSINESS and sell a product as a PERSON.
That's an interesting angle.
You misunderstand me. Even if you sell from your home you are a sole proprietor. Llcs etc are legal structures you dont actually need to be a sole proprietor. Those structures are all about limiting liability.
As a sole proprietor you are correct that there would be a huge risk to your personal assets if caught up in law suits and legalities not to mention loss of business from protests so most people would be more discreet unless they want to go out of business and be personally bankrupted.
You are correct.
As a sole proprietor you would not be bound by corporate discrimination laws. It MAY be the same for LLCs and LLPs and others. I am not familiar with those structures to make such a determination.
My aesthetician rejects waxing male clients because their genitals are extremely difficult to wax. Is that discrimination in your eyes? She always knew she wouldn’t accept male clients and has been in her profession for 20+ years. Do you consider her choice the “wrong” business decision? 🤔
There are those who do wax male clients, she has just made a personal decision not to. Would you tell her she’s wrong? 🤔🤔
I would shy away from giving LEGAL advise.
My reaction to your question would be that IF your aesthetician SPECIFIES in the "qualifications" or "capabilities" or "services offered" that she doesn't provide her service to males, then she would be (in my opinion) safe and NOT discriminating. Similarly, you can't require a plumber to fix your electrical device. It's outside their expertise or field of services offered.
If, however, she ADVERTISES that she provides her services to everyone, then if she turns down a male customer because he's male, then there's a problem. IMO
Similarly, if the plumber offers "Plumbing and Electrical Services" and won't fix your electrical device because you're a male, then there's a problem. IMO
This is only my opinion and NOT offered as legal advise.