Michael Barone summarizes a number of pundits criticizing the mayors of Boston and now Chicago for seeking to deny business licenses to Chick-fil-A because its owners don’t believe in gay marriage.
Their point is simple, and based on Supreme Court rulings: it’s wrong and unconstitutional under the First Amendment for government to deny business licenses because of an applicant’s speech and beliefs. As the Globe rightly notes, “If the mayor of a conservative town tried to keep out gay-friendly Starbucks or Apple, it would be an outrage.”
As a conservative on most issues and a supporter of same-sex marriage, I find it fascinating that liberal politicians are so ready to clamp down on others’ speech. It’s certainly permissible to refuse to patronize a restaurant because you dislike the owner’s beliefs and to encourage, by means short of violence or intimidation, others to do so. It’s also kind of foolish and in my view would be a waste of time to have to research owners’ or managers’ political views before going somewhere to eat. But for public officials to penalize people because of their expressed beliefs—well, I wouldn’t go as far as blogger Elizabeth Scalia does when she titles a blogpost “this is how fascism works,” but it’s pretty nasty stuff.
UPDATE: The Boston mayor has backed down from his effort.