"treatment of consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit." (according to dictionary.com).Dan Cathy is not suggesting that Chick-fil-A will not serve LGBT individuals. He is not changing his treatment of LGBT individuals based upon his view that marriage is defined as being between a man and woman. To express these ideas is not discriminatory. For the government to deny business opportunity due to one's belief, is.
As Chicago became the latest city to tell Chick-fil-A it isn't welcome because its president doesn't support gay marriage, legal experts said the communities don't have a drumstick to stand on.
Chicago Mayor Rahm Emanuel became the second big-city mayor to blast the company over president Dan Cathy's comment last week that he is “guilty as charged” for supporting the traditional definition of marriage. Emanuel spoke up after Alderman Proco Joe Moreno announced he intends to block the chain from opening its second Chicago location over his stance.
But barring the popular fast-food restaurant over the personal views of Cathy is an “open and shut” discrimination case, legal scholars told FoxNews.com.
“The government can regulate discrimination in employment or against customers, but what the government cannot do is to punish someone for their words,” said Adam Schwartz, senior attorney for the American Civil Liberties Union of Illinois. “When an alderman refuses to allow a business to open because its owner has expressed a viewpoint the government disagrees with, the government is practicing viewpoint discrimination.”
- Adam Schwartz, American Civil Liberties Union of Illinois
The ACLU “strongly supports” same-sex marriage, Schwartz said, but noted that if a government can exclude a business for being against same-sex marriage, it can also exclude a business for being in support of same-sex marriage.
“But we also support the First Amendment,” he said. “We don’ think the government should exclude Chick-fil-A because of the anti-LGBT message. We believe this is clear cut.”
Read more: http://www.foxnews.com/politics/2012/07/26/politician-plan-to-block-chick-fil-is-unconstitutional-legal-experts-say/#ixzz21lhR8sPM
"What the government cannot do is to punish someone for their words.”