Anti-discrimination Laws are Discriminatory

A variety of federal, state, and local laws prohibit discrimination on the basis of race, ethnicity, sex, sexual orientation, religion, and a number of other factors. Ostensibly, these laws are supposed to ensure that everyone is treated fairly. However, these laws are themselves discriminatory. They treat bigots, homophobes, and other irrational individuals unfairly.

Every individual has a moral right to act as he deems best for his well-being, so long as he respects the freedom of others to do the same. This means that he cannot use physical force to compel them to act contrary to their own judgment. Yet, this is precisely what anti-discrimination laws do.

A bigot has a right to hold irrational ideas. He does not have a right to lynch blacks. A homophobe has a right to hold irrational ideas. He does not have a right to beat up gays.

If a business refuses to serve blacks or gays or men named Frank, or engage in any other form of discrimination, it has violated nobody’s rights. Those individuals impacted remain free to pursue their values elsewhere.

Yet, when a business is forced to serve or hire blacks, gays, or any the members of any other group, the owner is compelled to act contrary to his own judgment. He is treated unfairly.

A civil society does not force individuals to deal with those whom they would prefer to avoid, even if their reasons are irrational. Instead, a civil society allows the irrational to wallow in their ignorance and self-induced misery.