What I think they'll do is they'll come up with a pragmatic 5-4 split decision in her favor, just because there are more religious people than gay, and then hope gays don't riot. If they do, then they'll say it's a matter for each State, just like they did with Roe vs Wade. Problem solved, taxpayer dollars well spent.
What they should do, however, is not easy. That's because the entire system of antidiscrimination laws is built on quicksand. First, there are no religious or gay rights. There is only one right which all individuals have, regardless of their [fill in the blanks] - the right to be left alone. The job of the government is to protect that right, to make sure people are left alone. So it's a no-brainer that she's right. Not because her religion trumps their sexual orientation, but because she doesn't want to do it. Just leave her alone. It's that simple. It should be that simple. Second, discrimination should be forbidden only to the government, not to individuals. Individuals are equal only before the law, they are not and cannot be equal in how everybody else sees them. Individuals should be allowed to discriminate at will.
No comments:
Post a Comment