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Posts Tagged ‘freedom of association’

Popular blogger and premier gay rights activist Andrew Sullivan writes:

So I oppose hate crime laws because they walk too close to the line of trying to police people’s thoughts. I support the right of various religious associations to discriminate against homosexuals in employment. I support the right of the most fanatical Christianist to spread the most defamatory stuff about me and the right of the most persuasive Christianist to teach me the error of my ways. I support the right of the St Patrick’s Day Parade to exclude gay people – because that’s what freedom of association requires. In my ideal libertarian world, I would even support the right of employers to fire gay people at will (although I am in a tiny minority of gays and straights who would tolerate such a thing). All I ask in return is a reciprocal respect: the right to express myself freely and to be treated by the government exactly as any heterosexual in my position would be treated.

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It is a sign of how far anti-discrimination laws have gone when a dating website is sued for not including homosexuals in the matchmaking service. I completely agree with Jacob Sullum:

In a settlement with the New Jersey Attorney General’s Office, the online dating service eHarmony, until now limited to heterosexuals, has agreed to start matching men with men and women with women. The deal resolves a complaint by a gay man who claimed that eHarmony’s failure to accommodate homosexuals violated New Jersey’s Law Against Discrimination.

[…] I’ve never bought the argument that gay marriage—i.e., the government’s evenhanded recognition of relationships between couples, without regard to sexual orientation—is a way of forcing “the gay agenda” onto people who object to it. But this coerced agreement, compelling a private business to provide a service it did not want to provide, certainly is. As Michelle Malkin notes, “this case is akin to a meat-eater suing a vegetarian restaurant for not offering him a ribeye or a female patient suing a vasectomy doctor for not providing her hysterectomy services.”

Also read this old article by Jason Dixon.

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I have seen a lot of absurd things but this one is king. The last sentence of the excerpt below is possibly the greatest example of WTF-ness ever.

An eight-year-old boy has sparked an unlikely outcry in Sweden after failing to invite two of his classmates to his birthday party.

The boy’s school says he has violated the children’s rights and has complained to the Swedish Parliament.

The school, in Lund, southern Sweden, argues that if invitations are handed out on school premises then it must ensure there is no discrimination.

The boy’s father has lodged a complaint with the parliamentary ombudsman.

He says the two children were left out because one did not invite his son to his own party and he had fallen out with the other one.

For those who are unaware, Sweden is also the remarkable country where prostitution is completely legal from the standpoint of the girl offering it, but illegal for the john buying the service…

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The American Civil Liberties Asoociation has, over the years, done a lot of commendable work in defence of freedom. Particularly praiseworthy is its consistent defence of the First Amendment. It has frequently extended legal help to protect those whose free speech rights have been threatened. It has fought for the separation of the church and the state and argued for the  decriminalization of drugs. For all that, it deserves our plaudits.

Unfortunately, the ACLU has been firmly opposed to other, equally fundamental, areas of freedom. It’s legal apparatus has ben used to file anti-discrimination claims against private clubs. The ACLU does not seem to recognize the fact that the so called ‘positive rights’ that it champions — for instance the ‘right’ of this woman to gain admittance into a social club — come only at the expense of the liberty of purely private organizations to operate in any way they wish. It is ironic that an organization that believes people should be allowed to say whatever they want does not believe that people should have the freedom to associate with whoever they want.

The ACLU has over 500,000 members and it has been influential in the evolution of constitutional law. Unfortunately, despite its name, it is not a libertarian organization and its influence has quite occasionally been used to curtail individual liberty. That is a sad truth. 

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I still prefer Obama over McCain, but some of his views are depressing.

For those interested, my position on anti-trust laws is here. This issue, however, is more worrying than the old-fashioned Microsoft harassment that was the motivator for my old post. The media, for all its faults, is a vital expression of free expression and any attempt to regulate it will be an enourmous step in the wrong direction.

Update: I think this comment by one reader that appeared below the linked Reason article is worth reproducing in full:

Dear Senator Obama

Let me tell you about something called the Internet.

It is a medium where every sort of opinion – from far left to far right and way beyond either – gets aired. And thrashed.

It is a wide open, no holds barred, forum where anyone can speak his piece and find those who agree with him. Those who don’t agree are equally free to rebut, make counter-assertions, abuse or insult the first one. They, in turn, are subject to the same give-and-take. (Try googling “flame war”.)

The internet is almost unregulated (aside from a few asinine attempts by your fellow senators and their counterparts in other countries), yet still manages to achieve this remarkable fairness.

I humbly suggest that this example should persuade you that fairness will be best achieved if the regulation of media is decreased, not increased.

Yours truly,

Your neighbor, Aresen.

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posted earlier about the Elane Photography case. The New Mexico Human Rights commission issued its opinion today, holding Elane Photography guilty of discrimination. As Eugene Volokh discusses here, the breadth of the decision is astounding and ostensibly covers other businesses of a similar nature. For instance, freelance writers — by the same logic employed by the commission — can be compelled to write things contrary to their religious beliefs.

As this case makes clear, the attack on freedom of speech from anti-discrimination laws is current and real. And it is getting worse.

(Link via The Volokh Conspiracy)

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