JimC wrote: ↑Fri Jun 08, 2018 12:40 am
pErvinalia wrote:
I love how you led with "so gays can exclude straights"... It's like "there's good [and bad] people on both sides"..

I know what you mean, in the sense that discriminatory and hurtful exclusion is much more likely to operate in the opposite direction.
There is discrimination in relation to gay clubs and resorts, as they are sometimes advertised as "gay only" and that sort of thing. The qualifier "hurtful" exclusion is important, because, of course, there is the argument that where say women, or minority races, or gays, excluse men, whites or straights, it's not "hurtful," even if it's exclusion.
However, the law doesn't depend on hurt. In any jurisdiction I'm aware of, the public accommodations laws are not based on "homsexuality", but are, rather, based on "sexual orientation," meaning that they are worded neutrally, so as to expressly provide for non-discrimination based on any sexual orientation, not just certain sexual orientations. If a state law (in the US) read that it would be unlawful to exclude homosexuals, but lawful to exclude heterosexuals, then it would likely be unconstitutional as a violation of the equal protection clause.
JimC wrote: ↑Fri Jun 08, 2018 12:40 am
However, having said that, it is possible that some gay people would like to have "gay only" venues of one sort or another. If they did, and wanted that to be legally acceptable, they would also have to put up with "no gays allowed" venues, I would think...
Well, in the US, as a matter of constitutional law, I think the answer to that is yes. If a state here does not provide protection for sexual orientation, then one can't sue for discrimination based on sexual orientation. However, if they do provide protection for sexual orientation, they can't single out one orientation for protection, and leave the others twisting in the wind.
However, there is an ideological position that says that there must be different treatment under the law in order to create or move toward equality. That would be the ideological position that says that a minority or oppressed group is the one that is oppressed, and the majority group isn't, so exclusion or discrimination against the majority group would not be illegal. it's the same ideological position that says white people are racist, and black people aren't, and can't be.
That's a tug-of-war going on.
“When I was in college, I took a terrorism class. ... The thing that was interesting in the class was every time the professor said ‘Al Qaeda’ his shoulders went up, But you know, it is that you don’t say ‘America’ with an intensity, you don’t say ‘England’ with the intensity. You don’t say ‘the army’ with the intensity,” she continued. “... But you say these names [Al Qaeda] because you want that word to carry weight. You want it to be something.” - Ilhan Omar