Wednesday, February 15, 2017

Public Accommodation

Various laws define public accommodation differently but they all have one thing in common, public accommodation is any place that is open to the general public. That means if the place is allows anyone to use their facilities, to shop, sleep, live or proved care you cannot restrict protected classes from using your place. If you restrict it to only members of your religious order to use your facilities then you are not a public accommodation, but if you allow anyone in then you cannot not discriminate.

Hospitals are public accommodation because when they apply for a license they agree to accept anyone who walks through their doors, if they don’t want to do that then don’t apply for a license if you only want to limit it to people of your religion.
Catholic hospital denies unfair bias against transgender man
NJ.com
By The Associated Press
February 14, 2017

TRENTON -- A Catholic hospital denies that it unfairly discriminated against a transgender man who sued after the hospital refused to allow a surgeon to remove the man's uterus as part of his sex transition.

Saint Joseph's Healthcare System said that a court ruling in Jionni Conforti's favor would violate its constitutional right to freedom of religion. The hospital filed its response to the lawsuit Friday in federal court.

The 33-year-old Totowa man had scheduled the hysterectomy at St. Joseph's Regional Medical Center in Paterson in 2015. His lawsuit alleges a hospital administrator told him the hospital couldn't perform the procedure to remove his uterus because it is a Catholic hospital.

The hospital said in its response that Conforti's claims are barred by the First Amendment and that the court system shouldn't be able to interpret ethical and religious directives from the U.S. Conference of Catholic Bishops followed by the hospital. The directives say procedures judged "morally wrong" by the church don't have to be performed.
[…]
An email cited in the lawsuit from the hospital's director of mission services, Father Martin Rooney, said it couldn't allow the surgery because it's a Catholic hospital.
Do they treat only Catholics at their hospital… no. They are only owned by the Catholics therefore they are a public accommodation and must treat al medically necessary procedures, if a woman’s need an abortion to protect her life they must perform it.

Can you imagine a pregnant woman is in an auto accident and the ambulance is rushing her to the nearest hospital? There the doctors determine that she needs an abortion or she will die but say they cannot do it because it is against their policy to perform abortions.

That is why hospitals should not be allowed to discriminate.

Unfortunately there is a bill that is being decided in Washington that will allow the woman to die and for hospitals to legally not treat us, the bill is called the “Religious Freedom Act” when I reality it is the Religious Special Rights Act that allows people to discriminate against up.

So if you are in a car accident and you call 911 the police officer, the EMTs, the hospitals, and the doctors can all legally refuse to help you. The next time you go to fill a prescription the pharmacist could refuse to wait on you.

You say that can’t happen here, we have state laws to protect us… WRONG. If Congress passes the law they can say that anyone who receives federal funds must follow the law, well federal laws supersedes state laws.

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