Wednesday, March 26, 2014

Private Sector Anti-Discrimination Laws are Rights-Violating and Destructive

A letter in the NJ Star-Ledger (Legalized discrimination) applauded the United States Senate for passing Employment Non-Discrimination Act (ENDA). ENDA would make it explicitly illegal to fire someone because they are lesbian, gay, bisexual, or transgender (LGBT), according to

I left these comments:

Laws banning discrimination based on race, gender, or sexual orientation are intended to target an evil. But such laws targeted at the private sector violate rights to freedom of association, a bedrock principle underpinning a free, civil society.

Boehner is right that the actual effect of such laws is to engender predatory lawsuits. Correcting one wrong doesn't justify legalizing other injustices. But the damage doesn't end there. Anti-discrimination laws were a major contributing factor to the 2008 financial crisis, were and are wreaking havoc on men's college sports programs, and are assaulting religious freedom.

Laws that violate inalienable individual rights, even allegedly for a good cause, always have unintended harmful consequences. Granted, some people use their freedom toward irrational actions. But rights, including rights to freely associate—or not associate—with whom one pleases, must be protected equally and at all times. If not, then rights violations expand in ever-widening circles.

Essentially, no one has the right to a job if the employer doesn't want him, regardless of the employer's reasons. 

Related Reading:

Gay Marriage: The Right to Voluntary Contract, Not Coercive "Contract"

Title 2: Government vs. Private Action

"42": The Power of Courage and Moral Certitude and the Impotence of Ignorance and Bigotry

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