In America we enjoy many freedoms, however certain acts of legislation over the years have begged the question: is discrimination a liberty? Essentially, can you choose who you serve at your establishment or should the government prevent any discrimination based on superficial factors such as ethnicity or sexual orientation. Another way to put it is whether or not we should have passed the Civil Rights Act. I would argue that we cannot discriminate against anyway based off of superficial factors as described earlier. Others, mainly libertarians and the religious right, argue that it infringes on freedom of religion or one’s liberty to pick who they do business with.
To address the opposing arguments, I will extrapolate on my position. Shop owners cannot deny service to somebody without a sound reason. Bigotry, racism, sexism, and homophobia are not particularly sound reasons to deny service. You need an objective reason to deny service, not a subjective one. So, when is denial of service alright? Denying service is alright if the patron is doing something that hurts your business. For example, if you own a restaurant and an individual is driving away or infuriating customers in any way you can kick him or her out and deny him or her service. He or she could be inciting violence or he or she might be in an undesirable state ( i.e. hasn’t practiced good hygiene in years) you can kick them out because it may objectively drive away or annoy customers.
Bigotry is the problem and allowing people to express their bigotry through their store does not solve the problem. Neither does covering up their bigotry with laws, however ensuring equal service to all members of society is the most beneficial outcome of the two solutions. I ask what is the benefit of allowing people to discriminate? Seeing who the bigots are in society? Hardly helpful, I don’t care about the owner’s beliefs. He could be a racist and I wouldn’t care. It might stop me from patronizing his store, but if I’m in a small rural town I wouldn’t have much of a choice would I? What If I was a black man in a small rural town with one store, and the store owner was racist and could deny me service? I’m screwed. I can’t buy anything can I?
To expand on the owner’s beliefs not mattering. If I patronize his store am I supporting his beliefs? In short, no. I don’t come to his store to support his beliefs, I come to buy his goods. His beliefs are inconsequential. It’s all about his product. I might be indirectly supporting his beliefs in some way, however unless he gives his profits to hate groups there’s no support being given. Letting him discriminate gives him the power to act on his beliefs and hurt other people, which seems to go against the non-aggression principle and the golden rule. Believing that homosexuality is a sin is a matter of free speech, but acting on that an discriminating against others should be a crime. Discrimination has actual effects while thinking something doesn’t.
To get back on point, instituting the right to discriminate does not prevent bigotry. It might put bigots out of business in less bigoted areas, such as cities, but in extremely homogeneous rural regions it won’t. Bigots will support bigots, and the right to discriminate will disenfranchise the LGBTQA. They will lose privileges as a result because guess what, it’s not whites who will be denied service it will be minorities, ethnic or otherwise. They will lose the privilege to universal service which is something to be prevented.
Instituting the right to discriminate, will not improve religious freedom. Religious freedom is being allowed to practice your religion. Now, discriminating against gays is not a major pillar of any religion. When it comes to baking cakes for same-sex marriages, why do you care? You’re baking a cake for a same-sex wedding, not embracing homosexuality. Protecting religious freedom is not the same as protecting the most disgusting portions of the Bible and covering it with a veil of religious freedom. You have an opinion, homosexuality is bad, and it’s supported by the Bible. This doesn’t mean you can discriminate.
In summary, the right to discriminate is not a right we should have. It doesn’t prevent bigotry nor does it protect religious freedom. We should protect the privilege for everyone to be served, because it is more beneficial to protect their privilege than allow the right to discriminate.