A Sexual Orientation Case Law Study

Bates Versus United States

Congress passed and the President signed into law a provision outlawing private acts of discrimination based on sexual orientation. Called the Public Accommodations Equal Access Act, it forbids discriminations regarding sexual orientation in hotels, motels, restaurants, and eating establishments of all kinds as well as bars, barbershops, gas stations, and entertainment establishments. Congress relied on the commerce clause to justify the law.

The commerce clause states in Article 1, Section 8:

"Congress shall have the power...to regulate commerce with foreign nations, and among the several states."

We are here to decide whether this law is constitutional under the commerce clause, and to specifically look at Norman Bates establishments and decide whether they can be classified as a part of interstate commerce.

First, Gays and Lesbians are a part of the general American population, and like other Americans they travel among the states and contribute to interstate commerce. It is believed that because of discrimination and fear of persecution some persons in the homosexual community would avoid certain establishments where they would freely spend there time and money, again contributing to commerce, due to fear of the above stated discrimination and persecution. This lack of contribution to these establishments would harm interstate commerce by losing the business that comes from those in the homosexual community. The Public Accommodations Equal Access Act could protect Gays and Lesbians from discrimination and persecution. This protection would allow Gays and Lesbians to frequent these establishments, ultimately contributing to interstate commerce.

Second, Norman Bates has argued that his establishments; the Eros Lodge and the Eros Bar and Grill, respectively a hotel/motel and restaurant/eating establishment/bar; are not under the control of commerce clause. He argues this by stating that a large majority of his customers are from local areas, and that the majority of goods he purchases are from local suppliers or grown by himself. These points do not change the fact that some of his business does come from out of state, that some of the goods he purchases for use in his establishments also come from out of state, and that he advertises out of state. In fact Bates has admitted to all these points. He stated he does stock wine and hard liquor that is produced outside of Wisconsin, and that the hops he uses to brew his beer are imported from Germany. He also stated that during the winter months he purchases a substantial amount of vegetables that come from out of state.