how would a waiter know the faith of the diners? get real

Paul Finkelman paul.finkelman at yahoo.com
Sun May 10 18:29:18 PDT 2009


For Mariri Morrison:

I of course did not use the example of "faith of diners" in the post which you are respnding to (below).  But maybe I used the example in an earlier post, to I will answer your "get real" question.

Some people wear religious symbols (cross, Star of David, etc.)  I am sure you have seen such things.  Some people wear distinctive clothing. My reform Rabbi does not keep kosher (he is reform) and will eat at restaurants, but does wear a yarmulke in public. Pretty easy to pick him out.

Some restaurants take reservations and while last names are not always a giveaway, sometimes they are.  Where i grew up there was a very nice restaurant that would not serve Jews, and required reservations.  If you showed up and "looked Jewish" they might ask you for ID to see if the reservation matched your real name (so people with names like Finkelman could not dine there as Smith).  It did not affect me, we were too poor to eat there and would not have anyways, but other people  did; some people (expecially tourisrts) made reservations not knowing the policy (it was after all not announced)  and were embarrassed when the "looked Jewish" or had a Star of David on and even though from their names they could "pass" they suddenly found their reservation did not exist.  

----

Paul Finkelman

President William McKinley Distinguished Professor of Law

Albany Law School

80 New Scotland Avenue

Albany, NY  12208



518-445-3386 (p)

518-445-3363 (f)



pfink at albanylaw.edu



www.paulfinkelman.com

--- On Sun, 5/10/09, mairi morrison <morrismai at aol.com> wrote:

From: mairi morrison <morrismai at aol.com>
Subject: how would a waiter know the faith of the diners?  get real
To: paul.finkelman at yahoo.com
Cc: conlawprof at lists.ucla.edu
Date: Sunday, May 10, 2009, 9:12 PM


On May 10, 2009, at 4:33 PM, Paul Finkelman wrote:
The Christian pacifist does not put up a sign saying he will make tanks, and then refuse to make them.  

The photographer says he will take pictures.  His refusal to do so is no different than the  Christians who said they will not serve blacks. (AND there were Millions of them all with the blessings of their ministers).   Bigotry is bigotry.  This is bigotry.

The person who boycotts a store does not have an obligation to shop at every store.  The public business has a legal obligation to serve all who come to the store.  

That you cannot see this distinction surprises me.

Would you say the Christian undertaker can refuse to prepare the body of a gay person for burial.  Can the Christian hair dresser refuse to cut a gay man's hair?  Can the shoe store saleswomen refuses to serve the g/l customer?  

Can the  Christian waiter refuse to serve the gay couple at the restaurant?  Or the interracial couple (say he went to Bob Jones).

We dealt with this on race years ago.  Time to overcome your fears and hatreds.  You do not endorse the way people live by engaging in commercial transactions with them?



----
 Paul Finkelman
 President William McKinley Distinguished Professor of Law
 Albany Law School
 80 New Scotland Avenue
 Albany, NY  12208
 
 518-445-3386 (p)
 518-445-3363 (f)
 
 pfink at albanylaw.edu
 
 www.paulfinkelman.com

--- On Sun, 5/10/09, Rick Duncan <nebraskalawprof at yahoo.com> wrote:

From: Rick Duncan <nebraskalawprof at yahoo.com>
Subject: Re:  Use of homophobe
To: conlawprof at lists.ucla.edu
Date: Sunday, May 10, 2009, 12:53 PM



       
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