Sunday, January 12, 2014

Gay Marriage Rights vs. Occupational Licensure

The gay marriage controversy in New Jersey highlights the conflict laws against private discrimination create, as I noted yesterday regarding gay marriage rights vs. religious rights. 

A correspondent replying to my comments regarding religious liberty highlights another conflict of rights created by rights-violating laws. An exchange with that correspondent once again indicates concretely just how the principle that rights violations beget more rights violations works. The correspondent wrote:


When a business owner (even a church) applies for a business license, the owner agrees to abide by all state and federal laws in the operation of that business -- and that includes laws against discrimination. Churches that open their halls to the public must obtain those licenses, and they must agree to the same laws as everyone else. They can only claim First Amendment exemptions from actually performing the ceremony, not renting out public space.

My reply:


Yes, "When a business owner (even a church) applies for a business license, the owner agrees to abide by all state and federal laws in the operation of that business -- and that includes laws against discrimination."

Which is why government-issued occupational licensure, including business licensure, should be abolished. When private citizens have to obtain permission from government officials in order to earn a living, the government invariably gains control over those private individuals. Government licensure is also a form of tyranny.

That said, everyone should abide by the laws, regardless of whether their occupation requires a license. But the laws must be just; i.e., laws must protect, rather than violate, individual rights. e.g.; laws against fraud protect rights. Laws against private sector "discrimination" violate rights.

Your last sentence also indicates that anti-discrimination laws violate property rights—the right to use and dispose of your property according to your own judgment. Rights violations beget rights violations.
 


Licensure laws violate the right to work and produce, which leads to violations of contract rights, which leads to violations of rights of religion and conscience, which leads to violations of property rights. This is why a mixed economy, whereby some rights-violating government policies are deemed "necessary," is so unstable and leads stealthily and incrementally to totalitarianism. Where do you draw the line on government power, once you've abandoned the principles of liberty? 

Related Reading:

Gay Marriage: The Right to Voluntary Contract, Not Coercive "Contract"

It's Time to End Occupational Licensure

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