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Consumer Discrimination And Sexual Orientation Based Discrimination

Good Essays
Earlier this year, the concepts of consumer discrimination and sexual orientation based discrimination have come to a forefront in American politics and should be dealt with through federal legislation (Payne, 2015). Two arguments which can be used to argue on the side of discrimination are the First Amendment used in tandem with corporate personhood and the First Amendment used on its own. I argue, however, that corporate personhood is not a legitimate argument nor is the First Amendment grounds for an individual to discriminate against another. Another defense of discrimination against consumers is the first section of the Thirteenth Amendment. The elimination and prevention of the entirety of such discrimination could be carried out through enacting a single two part law. Two defenses of discrimination include a combination of the First Amendment with each current precedent regarding corporations and of its own accord. Current precedent is the concept of corporate personhood wherein a corporation is treated as a person albeit with controversy regarding their treatment (Ripken, 2010). When this precedent is used in tandem with the provision that the free exercise of religion shall not be prohibited in the First Amendment, this makes a case that the government may not prohibit a corporation from exercising a religion (U.S. Const. amend. XIX). The other possible argument regarding the First Amendment is the individual’s right to exercise their religion. Each of these
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