But what they cannot do is operate a public accommodation business in a municipality with anti-discrimination laws all public accommodation businesses are required to comply with and be noncompliant with those laws with impunity.
SDSU and other public universities, as well as most private ones, have policies against discrimination as well, and that includes discrimination on the basis of sexual orientation.
SDSU is public, we're not talking about a public entity. As the Hobby Lobby case has demonstrated the federal courts have held that the state cannot compel people to act against their faith. As such it would appear that New York's statue is unconstitutional, and federal law supersedes state law in all matters.
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