Sotomayor, J., dissenting
Grief stricken, and now isolated and humiliated, the family desperately searches for another funeral home that will take the body. They eventually find one more than 70 miles away. See First Amended Complaint in Zawadski v. Brewer Funeral Services, Inc., No. 55CI1–17–cv–00019 (C. C. Pearl River Cty., Miss., Mar. 7, 2017), pp. 4–7.[1] This ostracism, this otherness, is among the most distressing feelings that can be felt by our social species. K. Williams, Ostracism, 58 Ann. Rev. Psychology 425, 432–435 (2007).
Preventing the “unique evils” caused by “acts of invidious discrimination in the distribution of publicly available goods, services, and other advantages” is a compelling state interest “of the highest order.” Roberts, 468 U. S., at 624, 628; see Board of Directors of Rotary Int’l v. Rotary Club of Duarte, 481 U. S. 537, 549 (1987). Moreover, a law that prohibits only such acts by businesses open to the public is narrowly tailored to achieve that compelling interest. The law “responds precisely to the substantive problem which legitimately concerns the State”: the harm from status-based discrimination in the public marketplace. Roberts, 468 U. S., at 629 (internal quotation marks omitted).
This last aspect of a public accommodations law deserves special emphasis: The law regulates only businesses that choose to sell goods or services “to the general public,” e.g., Va. Code Ann. §2.2–3904, or “to the public,” e.g., Mich. Comp. Laws §37.2301. Some public accommodations laws,
- ↑ The men in this story are Robert “Bob” Huskey and John “Jack” Zawadski. Bob and Jack were a loving couple of 52 years. They moved from California to Colorado to care for Bob’s mother, then to Wisconsin to farm apples and teach special education, and then to Mississippi to retire. Within weeks of this Court’s decision in Obergefell v. Hodges, 576 U. S. 644 (2015), Bob and Jack got married. They were 85 and 81 years old on their wedding day. A few months later, Bob’s health took a turn. He died the following spring. When Bob’s family was forced to find an alternative funeral home more than an hour from where Bob and Jack lived, the lunch in Bob’s memory had to be canceled. Jack died the next year.
