In a previous post, we examined a Maryland law that prohibits landlords from asking prospective tenants about certain types of criminal convictions. Now, both Savannah, Georgia, and New Jersey are considering similar laws. Supporters claim that those with a criminal history face difficulties finding work and housing and this constitutes discrimination.
Damn straight it is discrimination. And despite what is continually beat into us by politicians, activists, and the media, discrimination is not only good, it is necessary if one wants to live a successful life.
To discriminate is to recognize differences between two or more things. We discriminate when we choose what to eat, what to wear, and the music that we listen to. We discriminate when we choose which blogs to read and which social media platforms to use. We discriminate when we choose where to live, whom to associate with, and whom to marry. Every choice that we make is an act of discrimination. We choose the alternative that we think will best meet our needs, desires, and values.
There is a crucial difference between food and poison. To fail to recognize that difference—to discriminate—is suicidal. Whom we marry can mean the difference between joy and misery. Our well-being and happiness require us to discriminate, to recognize which alternatives further our life and which detract from it.
Whom we rent to or hire matters. A good tenant or employee can be a joy. A problem tenant or employee can be a nightmare. A good tenant or employee can contribute to our well-being; a problem tenant or employee can detract from our well-being. When we are free to choose, such decisions require us to consider all of the facts that we think are relevant. And this includes facts that might indicate the nature of an individual’s character, such as criminal convictions.
Anti-discrimination laws are an attack on our freedom of choice. Such laws make it illegal to consider certain facts and use them as the basis for our actions. Indeed, the very purpose of such laws is to compel us act differently than we would voluntarily choose. When we can’t discriminate, we can’t choose.