I know I’m harping on this, but yesterday a commenter suggested that religious liberty should trump other social goods. (Not his phrasing, but the consequence of his demands.)
That isn’t the law, but more importantly, it isn’t good philosophy either.
Back before so many libertarians made common cause with social conservatives on culture-war issues, and others turned a small-government philosophy into an anti-tax, anti-government cult, I identified as libertarian. The libertarian principle is (deceptively) simple: we each have the right to “do our own thing”– to live our lives as we see fit, free of government interference– so long as we do not harm the person or property of a non-consenting other, and so long as we are willing to extend an equal liberty to others.
The caveats that follow the “so long as” phrase are important. And they have a critical bearing on the so-called “religious liberty” bills like the one I posted about yesterday– measures to “protect” businesspeople who who defend discrimination against LGBT employees or customers by citing their “deeply-held and sincere religious beliefs.”
As I noted yesterday, similar efforts followed the 1964 Civil Rights Act; then it was a “sincere religious belief” that God wanted to keep the races separate. The courts didn’t buy that argument then, and they are unlikely to buy it now.
As I have written previously, there is a reciprocal relationship–a social contract– between government and its citizens. Government collects taxes from all of us, no matter our race, religion or sexual orientation, and uses those tax dollars to provide public services. The services we taxpayers finance provide an essential infrastructure for American commercial activity.
Businesses ship their goods to market over roads we paid for. They are protected by police and fire departments supported by our tax dollars. Public transportation and sidewalks bring workers and customers to their premises. The deal is, businesses get the benefit of the infrastructure supplied by our taxes, and in return, agree not to discriminate on the basis of race, gender, religion and other markers of group identity.
We can and should argue about the nature and scope of the services government provides, but few people really want to revoke the social contract, dispense with government and return to a Hobbesian state of nature.
Religious liberty is capacious. It allows you to hold any beliefs you want. It allows you to preach those beliefs in the streets, and to refuse to socialize with people of whom you disapprove. It gives you the right to observe the rules of your particular religion in your home and church and social circle without government interference. It gives you a broad right to “do your own religious thing” until you harm someone else, and so long as you respect the right of other people to do their “own thing.” Which “thing” may be different from yours.
Religious liberty doesn’t include the right to disadvantage people who should be entitled to equal treatment, or to use the power of the state to impose some people’s beliefs on everyone else.
Neither the libertarian principle nor the social contract defines “religious liberty” as a right to pick and choose which parts of the social contract you will honor and which ones you will disregard.