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Missouri Bill Would Ban Many Companies From "Refusing To Deal With" Anti-Trans Businesses
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this post was submitted on 12 Dec 2023
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Not necessarily, businesses would be free to not do business so long as they're not also contracted with the state. This refers to businesses contracted with the state, so it's more like the terms of their contract rather than an explicit rights issue.
Businesses doing business with the state would be required to also do business with these other groups or risk losing their contracts. That seems like a clear violation to me.
Describe?
Let's say my company wins the bid for a contact. Yay! But now one of my competitors checks and I haven't donated to the NRA and files suit saying I'm ineligible because I refuse to donate to them on a political basis. Now that's bullshit, but I have to pay a lawyer anyway to go to court and help me explain that it's bullshit.
In order to forestall that lawsuit, it's a lot cheaper to just give $50 or whatever to some right wing bullshit charities. It's only pocket change but I have to pay it to causes I don't support as a sort of insurance. Yet I can't turn around and file sit over someone who doesn't donate to planned parenthood. That's a hell of a double standard.
You have the right to sue for discovery in the US. Nobody can specifically tell you how to run your business.
If it involves paying lawyers, you just made my point.
Cool. Why don't you ask Alex Jones how that all worked out.
But it isn't, and it fits in line with the Civil Rights Act Title VI which prohibits businesses that work for the federal government from discriminating against certain classes. This is the same law, but at the state level. Speech is not curtailed unless you choose the option that requires curtailment.
Like I say, the business is free to not take state contracts then refuse business to whoever they like (just like the gay cake baker did), but if they want to work for the state they have to follow state rules.
What's the protected class in this case?
Apparently, transphobes
Read the bill.
It's several assorted industries, businesses that do not meet, are expected not to meet or do not commit to meet any particular environmental standard, employee compensation standard, board composition standard, or facilitating access to abortion, sex change, or transgender medical treatment. What exactly this entails is about a third of the bill: https://www.senate.mo.gov/24info/pdf-bill/intro/SB1061.pdf
So, if you refuse to deal with a company because that company doesn't have the right mix of demographics on their board, or works with the timber industry, or their health insurance doesn't cover trans HRT, then the State of Missouri won't use you as a vendor.
Is your position that people should be able to discriminate based on any identifying trait? Then you're against The Constitution, and you will lose in court.
Well that's the thing, sexual discrimination isn't really protected in the US outside of employment.
The US has:
I'm actually in 2 minds about whether the 1st Amendment would prevent this. One the one hand, there is a clear gap in the Federal law that State law should be able to fill. On the other, that gap was exactly the same thing as the gay cake baker successfully challenged against.
What if I just don't want to donate to the NRA? What if I just decide not to advertise on Twitter? Maybe I can say either of those decisions are for financial reasons, but in the long run it'll cost me more in lawyers fees to prove it than give them some token amount of money. That doesn't seem right, particularly the lack of requirements to do business with companies politically aligned on the other end of the spectrum.
As someone who occasionally works government contracts this isn't an academic question for me, though at least I can prove I don't advertise anywhere. I can't claim politically neutral donations, though. I frequently donate to queer-youth-focused charities (although they don't verify that they refuse to help conservative teen queer-folk, so maybe they are considered neutral?) and never to right-wing causes.
Edit: phone really ate up the end of this post and I was too rushed to reread. Mostly fixed now probably..
Well that's just the futility of banning boycotts. Unless someone actually says they're boycotting, you'd have almost no way of proving that they were.
So you don't live in the US?
Those are fine by this law.
What this law actually does would be closer to if you refused to do business with another company because **that ** company donates to the NRA, then the State of Missouri refuses to use you as a vendor.
Removing any free choice would be a violation of first amendment rights. People can NOT participate in what is mentioned here, but you can't force them to participate.