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Lau, Holning, Transcending the Individualist Paradigm in Sexual Orientation Antidiscrimination Law. 94 Cal. L. Rev. 1271-1322 (2006).
Businesses which restrict their goods and/or services to same-sex couples do so on the basis of an “individualist paradigm.” Under an individualist paradigm, this author suggests that a travel resort which restricts access to opposite-sex couples seems no more discriminatory than a store which sells only women’s bras. This article advances a theory of couples’ aggregate rights, and proposes a model public accommodations law to govern couple-oriented business establishments. The model law would prevent businesses, such as dating services and resorts, from distinguishing between same-sex and opposite-sex couples.
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