Politicians with trustworthy eyes

The laws apply to both government and non-government activities. And yet, discrimination by the government is not the same as discrimination by the private sector. When the government favours certain types of people more than others, it is contrary to the principle of equality before the law. This is not something we should welcome – we do not want a country in which some people are more equal than others.

Preventing certain types of discrimination when the government is not involved is a different matter. Many restrictions are based on nothing more than disapproval, and designed to do no more than avoid hurt feelings.  This is no more legitimate than laws that restrict speech that might insult or offend.  Governments are there to protect our life, liberty and property, not our feelings.   

What difference would it make if we abolished all discrimination laws that apply outside of government? Would there be a rush of organisations refusing to serve or employ people based on their gender, sexual preference, race or religion?

Suppose some did take that approach; for how long would they stay in business? Wouldn’t the rest of us find it obnoxious and stay away? Wouldn’t other businesses step in?

The assumption behind anti-discrimination laws is that they change the way we think; that if discriminating against people based on their gender, race or sexual preference is illegal, we will not secretly want to do it.

There is no evidence for this, just as there is no evidence that prohibitions on offensive speech lead to changed attitudes. If Joplin had been prohibited from discriminating in favour of handsome men, would she have chosen differently?

We all discriminate when we make choices, in how we conduct ourselves and the company we keep. It’s part of life, and not something the government should be concerned with.