Wednesday, January 10, 2007
A bad law for the wrong reasons
New laws outlawing businesses from discriminating against homosexuals have been upheld in the House of Lords. Lord Morrow's call to annul the regulations, which have applied in Northern Ireland since 1 January and are due to be implemented across the UK by April, was defeated by 199 votes to 68.
Although I do not agree with the idea that homosexuality is a "sin", and am frankly appalled that anyone would refuse custom to anyone on that grounds, I do empathise with the religious communities on this issue. In my mind, all discrimination laws of this kind are bad ideas, specifically because they prohibit freedom of conscience (or of faith in this case) in the marketplace. I should not be told by anyone who I should employ, who I should sell to, and who I should provide services to. The very idea of "should" - that there are legally enforceable obligations involved in a free market of free exchange - is complete nonsense
One could be forgiven to asking if we even have what could be described as a "free market"? Since when did I even need an excuse at all not to sell goods and services to anyone I did not want to sell them to?
Refusing someone on the grounds that homosexuality is a "sin" is a terrible excuse, but I can think of worse - perhaps I don't trust Scottish people, or I dislike the look of your face, or maybe I believe your birthdate is cursed? What role has the government in all of this? Those I refuse will likely be able to go elsewhere, and it will be my own interests damaged should I decide to make such unethical and deranged decisions.
This is not a bad law because any credence should be given to religious disquiet, nor is it a good law because gay rights should be held on a pedestal. It is a bad law because - and being a libertarian I expect I sound like a broken record at this point, but that is unapologetically so - the law has no business here
Although I do not agree with the idea that homosexuality is a "sin", and am frankly appalled that anyone would refuse custom to anyone on that grounds, I do empathise with the religious communities on this issue. In my mind, all discrimination laws of this kind are bad ideas, specifically because they prohibit freedom of conscience (or of faith in this case) in the marketplace. I should not be told by anyone who I should employ, who I should sell to, and who I should provide services to. The very idea of "should" - that there are legally enforceable obligations involved in a free market of free exchange - is complete nonsense
One could be forgiven to asking if we even have what could be described as a "free market"? Since when did I even need an excuse at all not to sell goods and services to anyone I did not want to sell them to?
Refusing someone on the grounds that homosexuality is a "sin" is a terrible excuse, but I can think of worse - perhaps I don't trust Scottish people, or I dislike the look of your face, or maybe I believe your birthdate is cursed? What role has the government in all of this? Those I refuse will likely be able to go elsewhere, and it will be my own interests damaged should I decide to make such unethical and deranged decisions.
This is not a bad law because any credence should be given to religious disquiet, nor is it a good law because gay rights should be held on a pedestal. It is a bad law because - and being a libertarian I expect I sound like a broken record at this point, but that is unapologetically so - the law has no business here
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here here. i suggest you read 'wasting police time... the crazy world of the war on crime' by the frontline cop PC David Copperfield for a funny and mildly depressing take on crime generally
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