McMillan Manufacturing and the BofA

[Don H]

Could BofA discriminate against a retailer or manufacturer of religious objects or books due to the nature of their business? If not, why not?

I suspect, though I'm not an attorney, that the Civil Rights Act of 1964 and subsequent rulings and statutes would prohibit BoA from overt discrimination in business dealings due to religion, race, national origin, gender, etc. I don't recall any legislation that has designated gun owners as a protected class.

 

[Frank Ettin]

Could BofA discriminate against a retailer or manufacturer of religious objects or books due to the nature of their business? If not, why not?

To the extent that it would be found discrimination by a private business on the basis of religion, it would be prohibited by statute, not the Constitution.

The Constitution does not regulate private conduct. See Edmonson v. Leesville Concrete Company, Inc, 500 U.S. 614, 1 (U. S. Supreme Court, 1991), emphasis added:

"....The Constitution structures the National Government, confines its actions, and, in regard to certain individual liberties and other specified matters, confines the actions of the States. With a few exceptions, such as the provisions of the Thirteenth Amendment, constitutional guarantees of individual liberty and equal protection do not apply to the actions of private entities. Tarkanian, supra, 488 U.S., at 191, 109 S.Ct., at 461; Flagg Bros, Inc. v. Brooks, 436 U.S. 149, 156, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978). This fundamental limitation on the scope of constitutional guarantees "preserves an area of individual freedom by limiting the reach of federal law" and "avoids imposing on the State, its agencies or officials, responsibility for conduct for which they cannot fairly be blamed." Lugar v. Edmondson Oil Co., 457 U.S. 922, 936-937, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982). One great object of the Constitution is to permit citizens to structure their private relations as they choose subject only to the constraints of statutory or decisional law. ...

 

[maestro pistolero]

I don't recall any legislation that has designated gun owners as a protected class.

Yet.

 

[Double Naught Spy]

Could BofA discriminate against a retailer or manufacturer of religious objects or books due to the nature of their business? If not, why not?

The nature of their business? Sure, BOA could discriminate against doing business with manufacturers. There are a lot of businesses that refuse to operate in various parts of the market. Often, but not always, the choice is because of complexities and legalities.

What BOA has done is not illegal. If it is going to be compared against other types of illegal acts, then it will have to be shown first where it is illegal. This issue at hand isn't about whether or not BOA has discriminated against the manufacturer of religious materials and the notions of race, religion, national origin, etc. are not issues with this case.

 

[Buzzcook]

Could BofA discriminate against a retailer or manufacturer of religious objects or books due to the nature of their business? If not, why not?

There is a difference between violations of the constitution and violations of the rights of a protected group.
Certain minorities based on race, religion, or sex, etc are protected by laws such as the Civil Rights Act. In those cases their constitutional rights are protected from actions by private organizations or individuals.

The answer to your question is that it depends on the facts of the case.