A Pennsylvania restaurant named Prudhomme's Lost Cajun Kitchen provided a 10% menu discount to Christians bring in a Church bulletin on Sundays. It's a reasonably way to attract business yet charges were filed by the state after a complaint from an atheist. Recently the decision was found in favor of the complainant.
Following is my opinion about such terms of the civil rights act precluding discrimination.
The issue is simple and can be expressed in set theory terms;
.The Civil right's acts enumerated elements that one may not use as a basis for discrimination (such as discrimination race, color, religion, or national origin) can be regard for-themselves as Universals A, B, C & D. One may not form a set using A, B, C or D as the basis for discrimination positively or negatively. That is, one cannot exclude Christian or others of faith, require them to sit at the back of the bus while non-Christians ride up front an so forth.
The set of elements one uses for offering specials on goods and services may include A, B, C, and D yet not exclude any. If one offers special rates to A, B, C, or D it need must be free to all members of the set. Probably A, B,C, & D must remain universals for themselves in any particular set and cannot be reduced to particulars of the universals A, B, C, or D.
It's alright to form a set to provide special access to goods and services if that set does not include the Universals A, B, C or D in it as test condition disjunctives.
The court probably failed to clarify what valid elements are that can be used to form a set for special business benefits and that didn't help at all, and may have fired up some godless atheists to expand their anti-Christian acts.
The restaurant owner could offer a 20% discount to anyone bringing in a bulletin from a Sunday meeting perhaps, as any organization can meet on a Sunday without violating the Set C.R.A. The restaurant owner probably would like the business of N.A.S.C.A.R. Sunday patrons with a program that showed they attended yet of course he might dispute that they were members of an organization.
If the civil rights act was the basis for a court discrimination against a restaurateur's 10% discount to those with Church bulletins it indicates the court's failure to clarify the range of applicability of relevant civil rights law. Those willing to attract business with sales discounts need plain criteria that will help bring in the maximum number of diners.
If the restaurant had offered a 10% discount to any organizational meeting on Sunday with a bulletin bearing the appropriate date it would have been plain discrimination on the basis of religion to exclude churches. One should be free to offer once-a-week discounts anytime including Sunday.
It was a remarkable change in the constitution of the U.S. body politick when a Sunday discount on veal cutlets, mash potatoes and gravy was prohibited while after abolition Sunday liquor sales blue laws. Atheists can booze and choose what football games to watch Sunday without worrying about paying more for Buffalo wings than Christians.
The intent of the law prohibiting discrimination on the basis of religion was perhaps written to ensure that Catholics, Jews, Protestants, Christian Scientists, Mormons and whatnot would not use sectarianism for housing and job discrimination. It can be wrongly applied when too broadly extended such that it prohibits religious organizations from enjoying equal opportunity with other organizations to receive benefits of a general non-religious based class discount. If private schools can receive research grants then so ought Christian schools.
Some atheists might yet be aghast at the concept that anyone should provide discounts to organizations meeting 'to better the spiritual well-being of mankind'' on Sundays. It might be that atheists feel they contribute nothing to better the human spirit and feel excluded on a religious basis with atheism on the dark side of the spiritual force. Plainly the language used in offering restaurant discounts must constructed carefully in an appetizing way.
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