Defenders of Chick-fil-A fight back, from both right and left (+video)

Chick-fil-A responded to the mayors Tuesday, saying in a statement that its policy “is to treat every person with honor, dignity and respect, regardless of their belief, race, creed, sexual orientation or gender … [and] our intent is to leave the policy debate over same-sex marriage to the government and political arena.” The company, which has more than 1,600 franchises in 39 states, says its Christian values are reflected in its policies to be closed on Sundays, to operate debt-free, and to donate to local charities in the communities where restaurants are located.

The most defiant attempt to block the chain from opening an outlet is in Chicago, where Proco “Joe” Moreno, a city alderman, vowed to use his aldermanic prerogative to stop Chick-fil-A from obtaining a zoning permit it needs to open a store in his ward.

“It’s irresponsible to have discriminatory policies from the top down. They’re not coming in,” he told the local NBC affiliate last week.

Mayor Emanuel initially appeared to support Mr. Moreno’s comments, saying Chick-fil-A is “not respectful of our residents, our neighbors, and our family members; and if you’re going to be part of the Chicago community, you should reflect the Chicago values.”

Days later, press secretary Tarrah Cooper sought to clarify the mayor’s comments, saying Emmanuel “never said he’d block the restaurant from coming.”

Chick-fil-A currently has a single store in downtown Chicago.

Emmanuel’s comments raised the ire of Francis George, cardinal of the Roman Catholic Church's Chicago Archdiocese, who criticized the mayor Sunday in a blog. “Must those whose personal values do not conform to those of the government of the day move from the city? Is the City Council going to set up a 'Council Committee on Un-Chicagoan Activities' and call those of us who are suspect to appear before it? I would have argued a few days ago that I believe such a move is, if I can borrow a phrase, 'un-Chicagoan,' " he wrote.

However, it is not uncommon for municipalities to use zoning or other technicalities to prevent political, medical, or religious organizations they oppose, such as abortion clinics or mosques, to open in their communities, despite threats to first amendment protections, says Alan Brownstein, a constitutional law expert at the University of California School of Law in Davis. 

“The political leaders obviously see the political benefit of taking a stand [as] more valuable than exposing the city to liability,” Mr. Brownstein says.

Still, the flare-up in Chicago is likely “more rhetoric” than reality, he says.

“You would think that if the city was serious, then they wouldn’t say anything and would then try to identify some neutral ground to make it difficult to get zoning,” Brownstein says. “You can’t punish or penalize individuals or businesses [because] you disapprove [of] their religious beliefs or public expression on issues of the day. It’s pretty straightforward, legally.”

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