Akhmed Al-Fayyed ([info]akhmed) wrote,
@ 2006-03-29 13:32:00
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I'm right - again.
Overlawyered pointed me to this stunning case, which can be summed up in a blockquote:
A man separated from his wife but not quite divorced is suing a popular online matchmaker for refusing to help him find a date.

John Claassen, a 36-year-old lawyer from Emeryville, filed a lawsuit alleging eHarmony abridged his civil rights by refusing to match him up. He said the company, which has an "unmarried only" policy, broke California state law by discriminating against him based on his marital status.
I think eHarmony might lose, and here's why.

California has no-fault divorce, abolished its heartbalm torts, and decriminalized adultery. Therefore, there's no legal reason why a service couldn't enable adulterers, either technical or actual. eHarmony's preferences, and even its market research, must bow to California law.

Now, I think it's pretty unfortunate that California law likely prevents dating services from refusing to abet philanderers. But, as Solzhenitsyn said, in America we confuse what's legal with what's moral, and try to draw the boundaries of moral no farther than the law.



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[info]euterpe35
2006-03-29 06:51 pm UTC (link)
but as a private business, and one that takes no federal or state funds, is it not allowed to run its business as it sees fit?

It is absolutely not the only online matchmaking service.

Should I be allowed to sue a Gay matchmaking service for not admitting heterosexuals to its list?

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[info]akhmed
2006-03-29 07:50 pm UTC (link)
Unless you fall under the very narrow category of "associational group" the Supreme Court found in Boy Scouts v. Dale (does not include for-profit businesses), civil rights laws apply to everyone. If it says you can't refuse clients based on marital status, you can't.

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[info]bigscary
2006-03-29 10:11 pm UTC (link)
I'm not positive the "No Marital Status" discrimination rule is universal, rather than being applied only to certain types of entities.

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I checked. It does.
[info]akhmed
2006-03-30 03:30 pm UTC (link)
Evidently, under California's Unruh Civil Rights Act as amended last year, all businesses are forbidden from discriminating on the basis of marital status.

It's Cal. Civ. Code § 51(b) that includes marital status, and Cal Civ. Code § 51.5(a) that includes:
No business establishment of any kind whatsoever shall
discriminate against, boycott or blacklist, or refuse to buy from,
contract with, sell to, or trade with any person in this state on
account of any characteristic listed or defined in subdivision (b) or
(e) of Section 51...
(emphasis mine). You can check for yourself, but there are no caveats to this provision within in the Unruh Act.

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Re: I checked. It does.
[info]bigscary
2006-03-30 04:45 pm UTC (link)
Well there you go.

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[info]nadiagehol
2008-07-17 11:12 am UTC (link)
Yahoo_Personals_Consumer_Complaints I see that I am not the only one that can not open up the emails on the site.

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[info]altamira16
2006-03-29 11:59 pm UTC (link)
eHarmony promotes Christian values. Why doesn't he use match?

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[info]akhmed
2006-03-30 03:16 pm UTC (link)
Maybe he's like one of those Orthodox Jewish women looking to cheat on their husbands on Craigslist - but only with other Orthodox Jewish women.

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