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WEDNESDAY, NOVEMBER 25, 2009

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|NEXT STORY »

Restaurant Boots Gay Men After Kiss

Police cite 'right to refuse service'; others blast discrimination

By Matt Cantor| Posted Jul 10, 09 11:31 AM CDT|

(Newser) – Five gay men were ordered to leave a Texas restaurant after two of them kissed, the El Paso Times reports. One called police to lodge a discrimination complaint—but an officer backed the restaurant guards’ decision because same-sex public kissing was illegal, said one of the men. In fact, a 2003 Supreme Court decision ruled that law unconstitutional, and El Paso has banned discrimination in public places based on sexual orientation.

“It was a simple kiss on the lips,” said one of the men, who said he heard a guard say the restaurant didn’t put up with “that faggot stuff.” The incident has sparked a debate about the restaurant’s decision. A police detective held it was “their prerogative” to “refuse service to whoever they don't want there.” But a local lawyer called the incident “a blatant refusal to uphold the law on account of discrimination.”

El Paso. (Shutterstock)

Five gay men were kicked out of a restaurant after two kissed. (Shutterstock)

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70 comments

VIEWING:

Serenity
Jul 10, 09 11:40 AM CDT

I recently had to explain to my 3yr old why two men at the mall were holding hands and hugging and that was a conversation I hope to not have again. My sister had to explain to her daughter why the man in line in front of them was wearing a dress when my niece said very loudly that boys weren't supposed to wear dresses. The man had the audacity to turn and give my sister a dirty look. My niece was almost 4 at the time, and she didn't know what was going on. My sister told her that sometimes men wore dresses because they wanted to. What was she supposed to say? Reply

-14

IN RESPONSE:

Mad
Jul 10, 09 11:51 AM CDT

"I am sure you noticed, Sweety, that sometimes women wear jeans because they want to, also" or "It's a big, beautiful world, Honey, and it takes all kinds to keep it spinning" or "I bet he is wearing it because he likes how he looks in it or its comfortable" Too bad you and your sister couldn't rub two brain cells together to come up some answers of your own ... or not

IN RESPONSE:

ultramagnus21
Jul 10, 09 11:51 AM CDT

Why do people let themselves get fat? Why do people dress in black? Why do people wear bad ties? It's a lifestyle precipitated by the inherent nature of sexual orientation. Get over yourself. You're probably not perfect yourself. Once prejudice is excommunicated from society, children won't have to be "corrupted."

IN RESPONSE:

Unaffiliated
Jul 10, 09 12:11 PM CDT

I hope you realize you're going to have to talk to your kids about sex at some point. So what if the dude wears a dress? Tell your niece some people like to be different. She'll say, "Oh, OK," and not care a thing in the world about it. If you make a big deal about it, then she'll think it's OK to think less of a person for such personal choices. Hatred is learned behavior.

IN RESPONSE:

freethemall
Jul 10, 09 2:22 PM CDT

It would be comforting to us all, to keep our children "innocent", and consequently ignorant of the ways of the world, until they become adults. But it is not actually a realistic, or desirable, thing to attempt. Tell them the truth, in an age appropriate way, about such things.

IN RESPONSE:

CharlesRoland
Jul 10, 09 3:10 PM CDT

This has to be the most ignorant statement I have read online in a long time. You know, Serenity, not everybody thinks like you. Thankfully most people are much less hateful and much more tolerant of others. Maybe he IS wearing that dress because he like it. Why is that so horrible to explain to a 4 year old. It's reality. Does this child watch tv? Walk down a busy street? If so, this stuff is part of reality. Deal with it. Nobody is forcing you to be different.

IN RESPONSE:

armywife
Jul 10, 09 7:35 PM CDT

hmm, you could have told your 3 year old that those two men were holing hands and hugging because they like each other, just as you and your kid's other parent do, assuming you are still together. i dont really see why that discussion should be any more difficult than any other conversation with kids about sex. and your sister's answer to her daughter was just fine - "because they want to". my 3 year old daughter once asked me "why is that woman fat?" - in front of the woman. now THAT was an awkward moment :)

IN RESPONSE:

shonangreg
Jul 10, 09 8:37 PM CDT

Yes, telling kids the truth about gay people when gay behavior is witnessed can be done without traumatizing them. The key is to realize that when you tell your son, "Some men like other men like most men like women", your son will not *become* gay. That is the great fear that paralyzes us . . . That and the general shame American feel about anything to do with sex.

IN RESPONSE:

schmidtkoff
Jul 11, 09 7:53 AM CDT

get a copy of skirt magazine. men are highlighted monthly wearing a skirt and extolling the virtues of them. this is america, she should have said, and people can pretty much wear what they want.

| 0 minutes ago

Bob@comcast.net
Jul 10, 09 11:43 AM CDT

That's my kind of restaurant. When you are in public and there are children present, the children will ask questions. Should this situation be forced on parents/children when they go out in public? Some say it is an acceptable alternative for relationships. However, if it was NATURAL then same sex couples would be able to pro-create. They can't. So it's NOT natural. It is unnatural. Reply

-9

IN RESPONSE:

ultramagnus21
Jul 10, 09 11:47 AM CDT

Why don't you do the rest of us a favor and not procreate. It'll make the world a little less prejudiced.

+10

IN RESPONSE:

Fondue
Jul 10, 09 12:01 PM CDT

It really sucks having to use your brain. Perhaps there should be personality testing for procreation and parenthood.

IN RESPONSE:

Unaffiliated
Jul 10, 09 12:16 PM CDT

So it's OK to make gay people feel like they have to hide in public, but it's not OK to make parents feel icky? Have you ever met a gay person and talked to them like a real person? You'll gain a world of understanding by treating others how you want to be treated.

IN RESPONSE:

MarkFL
Jul 10, 09 12:32 PM CDT

Are you sure it is the children who are uncomfortable? It sounds like the infantile adults are the ones squirming. Bob and Serenity need to stop justifying their own unfounded and idiotic bigotry by passing it off on children. By the way, anything that IS is natural. A space wizard who is looking down from a third unobservable plane of existence and trying to tell people where to put their dicks is UNNATURAL! Next time that your thoughts are so incredibly retarded, try not saying them.

IN RESPONSE:

crissy
Jul 10, 09 12:46 PM CDT

sooo... Bob, infertile women are unnatural and what? What should we do with them? Ban them from all our restaurants? Your ignorance is disgusting.

IN RESPONSE:

keybored
Jul 10, 09 1:49 PM CDT

So if a hetero couple can`t procreate they`re unnatural? It's very sad that in this day and age this is even an issue.

+10

IN RESPONSE:

CharlesRoland
Jul 10, 09 3:01 PM CDT

"The Children, The Children..." Please, if you were so worried about "The Children" I think there's a lot of other things our society should worry about before they put two men kissing on the top of their list. Just because YOU don't like something, Bob, doesn't make it wrong or "unnatural". If God didn't want people being with members of the same sex I'm sure he would have mentioned it in the Commandments. Last time I checked, there were only 10. Too bad you forgot to read the hundreds of lines about love, tolerance and judgment spoken by God and Jesus.

IN RESPONSE:

armywife
Jul 10, 09 7:46 PM CDT

i see kissing and hugging between herero couples that clearly cross decency lines all the time. at disneyworld of all places, i saw a man and woman with their hands shoved down the back of each other's pants, groping and tongues. i felt this PDA was inappropriate around children. all these two men did was give a simple kiss, and had they been a hetero couple, no one would even have paid attention. as for the "homos are unnatural" argument, you are clearly ignorant and wish to remain so. the natural world is chock-full of same-sex relationships among animals - there were gay penguins in the news just a month or so ago, who are raising a penguin chick whose parents abandoned it. female penguins were introduced into the enclosure, but the penguins stuck with their boyfriends. geese often form life-long same-sex relationships. these are just two examples, cause i didnt want to blow your mind. you might try reading books, or watching something besides Fox news. the discovery channel is quite informative. and lastly, so all couples have to be able to procreate to be valid and worthy? what about my 80 year-old grandma and her 82 year-old boyfriend? what if i had uterine cancer and had to have a hysterectomy? does my husband have to divorce me because i cant bear children anymore? what if he's sterile? should i leave him for you? thats the single dumbest argument people like you make. and yall make pretty much nothing but dumb arguments. Fail.

IN RESPONSE:

shonangreg
Jul 10, 09 8:44 PM CDT

Bob, "... this situation be forced ..."? You go out into society of your own free will. Gay people are in society. Your kids see them. Where is the "force" in that? Your desire to "force" gay lovers into the closet is the source of the problem. You are frustrated in not being able to present the storybook reality you grew up with to your children. It sounds like you have not come to terms with a free society yet.

| 0 minutes ago

2-bits
Jul 10, 09 11:43 AM CDT

No one considers the bigot's feelings. I call discrimination. ;) Reply

| 0 minutes ago

Mad
Jul 10, 09 11:46 AM CDT

Being Gay in Texas is as stupid as women being in the republican party. Those around you may barely tolerate you and your money, but honestly, they don't respect you. To both groups I would say: GET OUT and go somewhere that values your contribution Reply

-2

IN RESPONSE:

Yourself
Jul 10, 09 6:47 PM CDT

i don't think people who accept that they might be gay take into account where they are from. Unlike republican women, or log cabin republicans. With that said, i suggest they stay where they are instead of huddling around in the same area like you're suggesting. It's by having diversity that people will accept diversity and not by staying in groups.

IN RESPONSE:

armywife
Jul 10, 09 7:49 PM CDT

gay people should be allowed to live anywhere they want to, even if it's a shithole like texas. thats what living in a "free" country is all about. that said, i'm not sure why anyone would want to live in texas if they didnt have to. and i lived there for 4 years, courtesy of the army.

| 0 minutes ago

J Farago
Jul 10, 09 12:03 PM CDT

Whoa, why do restaurants in Texas need guards? Reply

IN RESPONSE:

Fondue
Jul 10, 09 12:36 PM CDT

People are stealing grits.

| 0 minutes ago

alienvv
Jul 10, 09 12:12 PM CDT

not natural at all, and should not be forces down the throat of society any further...people have right to decide for themselves if this is OK or not..the whole thing is getting really out of proportion with all gay initiatives to promote homosexuality...please stop!! the human race is not going anywhere if all were gays...we need to reproduce and kids need a mom and a dad.. Reply

-12

IN RESPONSE:

MarkFL
Jul 10, 09 12:40 PM CDT

AlienW, you must certainly be an alien. Every sentence that you wrote above is inaccurate, unfounded, or just plain homophobic. If I may... It is natural, everyone gets to decide what goes down their own throat, if people have the right to decide than why do you bother advocated the removal of those rights? There is no such thing as promoting homosexuality. The human race has survived forever with homosexuality and kids do not need a Mom and a Dad only. Kids need parents who are understanding, caring, intelligent, and tolerant. If I had to choose a friend for my children, I would avoid your children like the plague!

IN RESPONSE:

CharlesRoland
Jul 10, 09 3:07 PM CDT

I don't understand how some people being Gay has anything to do with the future of the human race. Many people you think of as being Gay are actually Bisexual. Some Gay couples adopt the children thrown away by society. There will always be straight and bisexuals to procreate. There's no law on this earth that says every person must procreate. And people in GLBT marches or advocating for GLBT rights are not pushing other people to be Gay. They just want to be treated as an equal - regardless of whether or not you approve of their life. Why do you care what others do anyway? Does it hurt you somehow? BTW, this earth is overpopulated anyway.

IN RESPONSE:

armywife
Jul 10, 09 7:53 PM CDT

"we need to reproduce" - are you kidding? population crisis ring a bell? gays are not "promoting" homosexuality, they are just fighting for equality and the right to be treated as a frikkin human being. it's people like you who will ensure the human race doesnt go anywhere... but backwards.

IN RESPONSE:

shonangreg
Jul 10, 09 8:55 PM CDT

alien, minorities exist in society. Unless there is harm, it is none of society's business what people do. The only "forcing" going on here is your desire to *force* gay people to behave the way *you* see fit. As you say, people *do* have the right to choose for themselves. So why are you telling them how they should choose? It is none of your business. If you don't want gays kissing in public, you're going to have to ban *all* kissing in public. ..... And gay rights is not about "promoting" homosexuality. It is about stopping the repression. That you see gay rights as promotion is very telling. You cannot even see their point. you say, people have the right to decide themselves. So please stop telling them how to choose. ...... One admission, I do think it is natural for children to have a father and a mother, and many other women around the campfire/clan center. This is our evolutionary history. No one in modern society recreates this perfectly, though . . . As long as strong men and caring women are involved in a child's upbring, they will have all the role models they need.

IN RESPONSE:

Snarfeh
Jul 10, 09 11:49 PM CDT

Sorry, alien, but our technology has progressed to the point where a female egg can be inseminated with a cell from another woman. I guess your planet's technology is a tad behind?

-1

IN RESPONSE:

2-bits
Jul 10, 09 1:04 PM CDT

Corona_king: The official arbiter of "abnormal behavior," American Manhood, "Liberal Fascists," and presumably Corona brand beer. Or atmospheric plasma, who knows.

IN RESPONSE:

Toon
Jul 10, 09 2:32 PM CDT

Corona King, if you find a gay peck so inciting just look away. It's not the gays' fault that they arouse feelings in you.

IN RESPONSE:

Unaffiliated
Jul 10, 09 4:09 PM CDT

1. What is a RAL man? 2. The Constitution guarantees life, liberty, and the pursuit of happiness. Would you agree that to be happy, one needs to love others and to be loved by others? Or should we deny gays the freedom to hold hands or kiss in public because "that is just not acceptable" to you. What makes it unacceptable?

IN RESPONSE:

bcfilmguy
Jul 10, 09 5:39 PM CDT

You know, Corono_Douche, your comments appear so regularly and consistently on social issues/minority rights pages and they are so completely devoid of intelligence I am starting to genuinely think that you're a prankster/troll. I really hope so, because I can't imagine it possible that a person can be so blatantly stupid as you. Your arguments are so unfounded and closed-minded I'm impressed you learned how to turn your computer on. By the way, what does "distrubing" mean?

IN RESPONSE:

SPH
Jul 10, 09 6:21 PM CDT

For the life of me I don't understand why people even give "It" a passing acknowledgment....Don't you realize "It" is only trying to provoke?...No body could possibly be such an asinine fool and have survived into adulthood....Just give it a thumbs down and ignore "Its'" comment....

IN RESPONSE:

shonangreg
Jul 10, 09 8:56 PM CDT

KinG's liberal fascist drivel is not even worth reading.

| 0 minutes ago

Sureimsure
Jul 10, 09 12:44 PM CDT

You know, we single people have to tolerate parents bringing cranky kids into a restaurant, where they get bored and start to cry and scream, or toss food or milk on the floor (that I know is rarely picked up). I find that rude, but I tolerate it—they're just kids. But I would rather explain two men kissing to a child than why a police officer is discriminating against a fellow American. Reply

IN RESPONSE:

Unaffiliated
Jul 10, 09 4:11 PM CDT

Exactly! Once the guard told the people to leave, now the parents have two things to explain: homosexuality, and intolerance. You're not avoiding the former by perpetuating the later.

| 0 minutes ago

Sauerkraut
Jul 10, 09 1:16 PM CDT

One word: Texas Reply

| 0 minutes ago

jeangnome
Jul 10, 09 1:33 PM CDT

Kissing, groping, touching (other than a hug or a handshake) make a lot of people uncomfortable, including me. It has nothing to do with the sexuality of the persons involved. People gay or not should be more mindful of others feelings. Reply

IN RESPONSE:

CharlesRoland
Jul 10, 09 3:18 PM CDT

Maybe so, JeanGnome, but I bet they wouldn't have complained if it was a hetero couple - or even two woman. Is that right?

IN RESPONSE:

armywife
Jul 10, 09 7:58 PM CDT

the kiss was described as a simple peck, like i give my husband in public all the time. had they had their tongues down each other's throat and been writing on the booth, then that would be different. but they didnt, they behaved appropriately, the guard did not.

| 0 minutes ago

paul123
Jul 10, 09 1:36 PM CDT

The restraunt was wrong in refusing these men, bottom line. Reply

IN RESPONSE:

shonangreg
Jul 10, 09 8:58 PM CDT

And you know what is going to happen next. All the gays in Texas will be dining there for months! How could the management be so incompetent?

IN RESPONSE:

Snarfeh
Jul 10, 09 11:51 PM CDT

You nailed that one, greg. Hell, they'll turn it into a gay bar!

| 0 minutes ago

OWLWOMANXXXX
Jul 10, 09 1:46 PM CDT

don't like watching straights kiss...let alone gays Reply

IN RESPONSE:

CharlesRoland
Jul 10, 09 3:20 PM CDT

well, at least you're honest. But these days I think there's a lot more important things to worry about than two people showing a loving emotion in public.

IN RESPONSE:

Lula
Jul 10, 09 7:47 PM CDT

I agree OWLWOMENXXX,

-2

IN RESPONSE:

Snarfeh
Jul 10, 09 11:52 PM CDT

Sorry, owl, but I just LOVE to see 2 women kissing. :::sigh::: And I daresay most of the men here do, too...minus the closet cases like Pabst King...

IN RESPONSE:

tmoore
Jul 11, 09 5:20 PM CDT

They weren't kicked out for the kiss alone... they were kicked out solely because it was a kiss between two men.

| 0 minutes ago

TerrifiedCitizen
Jul 10, 09 2:16 PM CDT

A restaurant has always maintained the right to refuse service to anyone at its own discretion; it's been a basic tenet for probably as long as there's been restaurants. The racial slur though, if true, is unacceptable. Reply

IN RESPONSE:

Unaffiliated
Jul 10, 09 4:00 PM CDT

Not a racial slur, but a slur, nonetheless.

IN RESPONSE:

SPH
Jul 10, 09 6:34 PM CDT

Again your wrong...Any place open to the public faces potential discrimination suits for refusing service...The only legal way to refuse service is via a restraining order...Other problems, such as destruction of property, threatening behavior, or over-intoxication become criminal matters and, for liabilities sake, require a police call...And in this case both the police and the proprietor are equally culpable for violating Texas law, local laws and likely Federal law...I hope both face stiff penalties...

| 0 minutes ago

GTORick
Jul 10, 09 2:22 PM CDT

They own the business. They pay the rent. If they don't like guys kissing then it is their right to throw them out. Why should someone else conform to someone else's standards in a place they own? The gay guys had a choice as to if they were going to have a public display of affection. They chose to do it and the diner chose to throw them out. I want to have a cigarette after I eat. I have a choice to go outside and smoke if it is a smoke free diner or light up at the table. I would be thrown out if I lit up at the table. Reply

IN RESPONSE:

CharlesRoland
Jul 10, 09 3:22 PM CDT

was there a sign that said this behavior was inappropriate?

IN RESPONSE:

GTORick
Jul 10, 09 4:02 PM CDT

A sign? Your kidding right? PDA's, homo or hetero are always of questionable taste. If we have to post a sign for basic manners; we are in trouble!

IN RESPONSE:

Doctor_Zaius
Jul 10, 09 10:33 PM CDT

Because in a free society you don't have the right to infringe on someone's rights just because what they do makes you feel icky.

| 0 minutes ago

jamerican
Jul 10, 09 2:59 PM CDT

This comment has been removed by Newser’s community. You must be logged in to view this comment. Reply

-4

IN RESPONSE:

Unaffiliated
Jul 10, 09 4:04 PM CDT

Would you really? Best tell the waiter before you order that they should clear the dining room of gays. Or is this just anonymous online posturing to show everyone just how straight and intolerant you are?

IN RESPONSE:

Doctor_Zaius
Jul 10, 09 10:33 PM CDT

And I would throw you in jail if it was my restaurant.

| 0 minutes ago

Silverbow7
Jul 10, 09 6:30 PM CDT

We are just not used to seeing it. Reply

| 0 minutes ago

Bubblebee
Jul 10, 09 6:39 PM CDT

Who kisses in a Resturant anyway? I would understand at a night club or movie. But, even I a straight woman never thinks of kissing in a resturant. There are people there eating and spending time with their family and/or friends. I think public affection is fine but, I don't make out with my husband in front of alot of people in well lit places where children are present. Not sure why, I guess it kills the mood to do so with children and adults around so close. Now go ahead and attack my intelligence because I disagree with most of you. But, really who kisses in a resturant? Reply

IN RESPONSE:

armywife
Jul 10, 09 8:02 PM CDT

they werent "making out" - one man gave the other a simple kiss. there probably wasnt even tongue. you've never given your man a peck on the lips in a public place? you probably have but just dont remember it becuase it was just a kiss and not a big deal.

| 0 minutes ago

Billy19
Jul 10, 09 9:32 PM CDT

Fanny Bandits icking out people at restaurants....whats new? Personally I have no problem with that lifestyle but lets not pretend like our culture is by and large kosher with it. My mom and my Aunt especially wouldn't have never have any of that crap. They'd call the manager if our server is flamer or overly gay. Believe it or not they usually cite hygiene and not homopobia as an issue.... The world sucks no doubt. But this kind've insignificant and inconsequential difficulties faced by butt pirates shouldn't be newsworthy until unless they were lynched or robbed. Reply

-3

| 0 minutes ago

Snarfeh
Jul 10, 09 11:58 PM CDT

Newser liberal crowd...ya'll make me cry with how quickly you stand up for homosexuals. Just when I think the world will never change and just when I'm angriest because of the hatefulness I continue to experience in this world, I come here and see your comments and it gives me so much hope. Ya'll rock!!! I love you all!!!! Reply

| 0 minutes ago

msutah
Jul 11, 09 12:26 AM CDT

Very disturbing that these men were treated this way. We had an incident of discrimination on mormon church property in Salt Lake City this week, too. Two men were kissing in public, nothing out of the ordinary, and they were ordered to leave. I don't understand why people are so threatened. Reply

IN RESPONSE:

shonangreg
Jul 11, 09 1:42 AM CDT

Here is a link to the Salt Lake Tribune article about the incident -- Gay couple cuffed, cited after kiss near LDS temple: http://www.sltrib.com/news/ci_12811907

| 0 minutes ago

Ucantusethatname
Jul 11, 09 6:29 PM CDT

Tell them, yes. Show them, no. Let homosexuals play out their games at home instead of in public. Children need protection from abnormal behavior. Reply

IN RESPONSE:

Snarfeh
Jul 15, 09 12:53 PM CDT

Children need protection from abnormal behavior? That's exactly why Newser comments from you should be blocked.

| 0 minutes ago

View all 70 comments »

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President admits slow progress to gay rights group

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Gay Divorce OK, Texas Judge Rules

Ban on same-sex marriage violates equal-protection law

MORE ABOUT: gay rights • gay marriage • Texas • Massachusetts • same-sex divorce • equal protection

gay rights • Texas • police • discrimination • restaurant • El Paso • homosexual

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Time for Gays
to Go Nader
on Democrats

MORE ABOUT:
gay rights • Democratic National Committee • boycott • Democratic Party • Ralph Nader • homosexual • LGBT • third parties • gay activists • political fundraising

Obama:
'I Will End
Don't Ask,
Don't Tell'

MORE ABOUT:
Barack Obama • gay rights • Don't Ask, Don't Tell • Human Rights Campaign • homosexual

Gay Divorce
OK, Texas
Judge Rules

Ban on same-sex marriage violates
equal-protection law

MORE ABOUT:
gay rights • gay marriage • Texas • Massachusetts • same-sex divorce • equal protection