Congress passed and the President signed into law a provision outlawing private acts of discrimination based on sexual orientation. Called the Public Accommodations Equal Access Act, it forbids discriminations regarding sexual orientation in hotels, motels, restaurants, and eating establishments of all kinds as well as bars, barbershops, gas stations, and entertainment establishments. Congress relied on the commerce clause to justify the law.

The commerce clause states in Article 1, Section 8:

"Congress shall have the power...to regulate commerce with foreign nations, and among the several states."

We are here to decide whether this law is constitutional under the commerce clause, and to specifically look at Norman Bates establishments and decide whether they can be classified as a part of interstate commerce.

First, Gays and Lesbians are a part of the general American population, and like other Americans they travel among the states and contribute to...