Tuesday, October 28, 2014

Is Discrimination Illegal?

It's been quite a while since I've posted anything, so I thought I might do so now.

The particular burr under my saddle this time is the plethora of stories about Christians being harassed for their beliefs under the guise of anti-discrimination laws.

My economic and philosophical leanings tell me that discrimination is not only moral, but absolutely necessary under certain circumstances. I read something within the last few days that stated that the reason for all of this folderol was the fact that courts have ruled that many businesses are to be considered public accommodations, which places them under the scrutiny of the 1964 Civil Rights Act. While no Libertarian, Barry Goldwater predicted such an outcome back when this bill was being debated in Congress, and this was largely the basis of his opposition to the bill.

Many posters on forums on which I have participated insist that businesses cannot discriminate in cases like these (bakers and photographers and wedding chapels being compelled to service same-sex couples under threat of fine and/or jail), but I fail to see why not. Are there no LGBT bakers or photographers out there which can provide their services? This sounds to me like an opportunity for some enterprising LGBT people. Or, is their purpose simply harassment?

All of you who insist that Christian businesses, or any business that has a moral or ethical objection to any person or group, do not have the right to deny their products or services to whomever they please, make a logical case for such a position that doesn't resort to positivist reasoning ("It's the Law, nyah, nyah."). I want you to explain to me why any person or business doesn't have the right to do business with whomever they choose. However, if your argument ultimately appeals to government force, then you will not convince me that you are right, only that you have the numbers and violence on your side.