Subject: Exactly
Author:
Posted on: 2015-06-27 01:08:00 UTC

I just don't have the cites off the top of my head. Because same-sex couples are considered a suspect class (i.e., meaning that they are a group whose rights have been violated in the past), there will need to be some non-discriminatory reason to prevent service. Like not wearing shoes when the entered the premises with a clearly identifiable "No Shirt, No Shoes, No Service" Sign.

That being said, it seems that Alleb is saying that in their opinion it should be Unconstitutional to force Chef Bob to bake that cake, then that is a bit different. And you are right, under the strict construction interpretive scheme, you are not wrong. But the Court has abandoned textualism over the years, and those arguments rarely succeed. I cannot remember a recent case were Constitutional Textualism (strict construction) actually succeeded.

But now because I'm on this topic, I'll go ahead and toss this in. Historically there have been really three main kinds of Constitutional Interpretation.

1) Textualism: Which is about strict construction, plain meaning, and the like. This is not real common now, but before the 20th Century this was in many cases the main approach.

2) Originalism: This is a dying interpretation. Basically it means you look back at the founder's intent. Justices Scalia and Thomas are best known for using this. In most cases this is usually going fail.

3) Living Constitution: This is the main one that the Court tends to use at this point. It is all about bringing the Constitution into the current age. This is by far the most commonly used scheme by the Court.

4) Federal Common Law: I am including this one, because it is occasionally used. Generally when the Court mentions Federal Common Law, it means they are about to make something up. It is not used often, but when it is, it is usually entertaining.

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