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Anti-Discrimination Laws Versus Freedom of Association

4/12/2014

 
 Anti-discrimination laws clearly compete with and push on the limitations of Freedom of Association protections in our Constitution. There needs to be a balance.  Often people do not think out the complete ramifications of what they are advocating.  Social change comes about best from social pressure, education and making the arguments, not from government force.   
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 There is a narrative battle over the Arizona law that purports to allow religious protections against those that would force business owners to serve in a manner that they consider against their religious creed.  Some claim that it is hateful for someone to not serve others just because they are gay; whereas the other side claims, they do not want to be forced to compromise their deeply held principals.  A third side is that it is hateful for a person or group to force by law others to provide any service.  Of course, there are many more sides we could discuss.

Just like another First Amendment freedom, freedom of speech allows for speech that we find objectionable.  We must also allow for association or disassociation that we find objectionable.   While a vast percentage of citizens would stop going to a restaurant if they did not serve gay people, most would totally understand a business not wanting a gay-themed night just because they had other theme nights such as a country music theme, women’s night, singles night, or “truckers night.”  If a baker did not allow gay people to come in to buy cakes off the shelf, I could see a justifiable complaint; however, catering a gay wedding is entirely a different story.  

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Going Way Overboard
From a story
This story  was deleted from the web
"This bill is arbitrary, capricious and antithetical to the spirit of brotherhood and sisterhood that informs our documents of freedom.
It will lead to marginalization and oppression by allowing bigots to deny gay people access to virtually any business or service. The road to Indian genocide, Jim Crow, Japanese-American internment, the Holocaust and other iterations of human persecution began with laws that isolated and dehumanized entire groups of people."
These critics try to drive a narrative so extreme, they want people to assume that they are morally just and on the side of angels.  They clearly are not.  The vast majority (over 99%) never even come close to any of these extreme views.  These critics themselves are being hateful.           
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Be Careful What You Wish For
Under a non-discrimination law that states that any business offering products or services must, by law, sell to or provide services to whoever asks, is highly problematic.  That law can be used by any hate group or highly immoral person to harass the people they hate.

The KKK could force a black-owned and staffed catering business to cater their mock lynching rally that subjects all these black caters to truly hate-filled speech directed at them. 

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An actress could be hired by pornographers that force, by law, her to do nude and sex scenes.
Jewish actors could be forced by law to work for modern-day neo-Nazis to reenact concentration camp scenes.
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Could gay professionals be forced by law to serve the truly perverted Westboro Baptist Church during their anti-gay marches?
Should anti-church gay activist be able to use the law to force a Pastor of a bible believing fundamentalist church to marry a gay couple?  

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The list is endless; the Supreme Court has clearly stated that the freedom to associate is also the freedom not to associate.  

Social norms will handle the extreme cases of a store not allowing in someone for being Jewish; we should not have laws that force someone to do business with anyone that asks, because haters can use the law to harass.  A line needs to be drawn by the providers of service.  All transactions and associations must be agreed to by both parties involved.  The government should not draw that line.  Haley2024's Rating system surely could include these issues.  This issue is one that is a perfect example of why there needs to be competing Rating Agencies.  Different groups would rate these issues very differently, and everyone decides what rating association they would trust. 
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Marcus White link
3/29/2015 02:20:14 am

I agree 100%. I thought about how haters could use a law like that. Wouldn't legislators flesh that out when discussing the pros & cons of a law? If they don't - they should be voted out.

หาเพื่อนเกย์
2/16/2017 05:42:37 pm

This is what I have been searching in many websites and I finally found it here. Amazing article. I am so impressed. Could never think of such a thing is possible with it...I think you have a great knowledge especially while dealings with such subjects.


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