Rossputin gets politically incorrect: Why is private discimination illegal?
re: "Domestic partners supported by ruling" (San Diego Union-Tribune, 8/2/05) http://www.signonsandiego.com/news/nation/20050802-9999-1n2golf.html To the editors: I understand claims by homosexuals that their “equal protection” rights are violated by government prohibitions against gay marriage or other government forms of discrimination. But the 14th amendment is about government, not private, action. Our Constitutional freedom of association means that just as we can meet or do business with whom we please, we can also refuse to meet or do business with them. Therefore, as repugnant as discrimination is, we should be free to refuse to do business, offer benefits, rent an apartment, or transact any other private business, with any person for any reason. The State Supreme Court’s ruling forcing a private business to give benefits to homosexual partners is an inappropriate infringement on the private golf club’s freedom to associate, or not to associate, with whom they wish. Even if we like the results of laws which seem to serve our interests or simple fairness, we should not support legal utilitarianism: the end does not justify the means. Once we allow government to make laws with no regard to constitutionality and the proper role of legislation, we open the door to laws and court rulings which seem “fair” to others but end up doing great harm. Discrimination by private organizations or people, while disgusting and often harmful, is nevertheless implicitly protected by the First Amendment; government should stay out of such issues despite their good intentions.
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