The decision by a Virginia restaurant to refuse service to Sarah Huckabee Sanders sparked considerable debate recently, particularly among conservatives. Many felt it was unjust for the Red Hen to turn away a paying customer simply because of her role as Donald Trump’s press secretary. Such actions are seen by some as a breach of civility and a departure from the principles of an open society where public spaces and businesses should welcome everyone. While the act of refusing service might be considered impolite, it is not against the law. This incident, and the strong reactions it provoked, especially from conservatives who empathized with Sanders, highlights a crucial point. It brings to the forefront the more pervasive and legally significant issue of businesses discriminating against gay and lesbian couples seeking services for their weddings.
Laws regarding public accommodation are in place to ensure equality for all within the public sphere. A cornerstone of a democratic society is the principle of equal dignity for every citizen. Public spaces are defined as such precisely because they are not exclusive. In private settings, we have the autonomy to choose our guests and whom we serve. However, when a business chooses to operate and open its doors to the public, it inherently assumes a moral, and often legal, responsibility to uphold the norms associated with the very concept of “public.” When a business denies service to a customer, be it the Red Hen’s refusal to serve Sarah Sanders, or Masterpiece Cakeshop’s refusal to bake a cake for Charlie Craig and David Mullins, the message conveyed is the same: “You are not fully recognized as a legitimate member of the public.”
