Addressing Discriminatory Laws Against Gay People in Restaurants

This chapter discusses two possible ways to address the issue of discriminatory laws against gay people in restaurants at the state level. The first option is for Congress to pass legislation that directly overrides and replaces these discriminatory state laws. The second option is to draw a distinction between judicial review of federal legislation and state-level legislation, where Congress can rely on the federal judiciary to enforce federal understanding of constitutional law in recalcitrant states.