The Public Accommodations Dilemma - Whose Right Prevails

Authors

Meg Penrose, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

3-2022

Journal Title

ConLawNOW

ISSN

2380-4688

Abstract

This essay gives a brief history of religious liberty-based objections to public accommodations law promoting societal integration and provides a potential solution. It argues there are parallels between LGBTQ discrimination and race discrimination, including the continued resistance to full integration and equality. The essay suggests a potential solution to the public accommodations dilemma between anti-discrimination and religious liberty in redefining the scope of religious liberty. Courts should protect religious services and activities—not secular services and activities. The status (religious or secular) of the person providing services should be irrelevant. The focus of public accommodations laws, and legal challenges to these laws, should be on the nature of the services provided.

First Page

39

Last Page

51

Num Pages

13

Volume Number

13

Publisher

Center for Constitutional Law

Recommended Citation

Meg Penrose, The Public Accommodations Dilemma - Whose Right Prevails, 13 ConLawNOW 39 (2022).
Available at: https://scholarship.law.tamu.edu/facscholar/1627

File Type

PDF