AFFIRMATIVE:
Don’t Use the Law to
Compel Conformity
MANUEL S. KLAUSNER
LIBERTARIANS GENERALLY TAKE a live-and-let-live approach,
ad vo cating freedom of association over anti-discrimina-
tion mandates. Moreover, a key aspect of libertarian pol-
icy is a commitment to choice and consent in personal and
busi ness relationships.
This approach is embodied in the Libertarian Party’s 2016
platform, which reads: “Libertarians embrace the concept that
all people are born with certain inherent rights. We reject the
idea that a natural right can ever impose an obligation upon
others to fulfill that ‘right.’ We condemn bigotry as irrational
and repugnant. Government should neither deny nor abridge
any individual’s human right based upon sex, wealth, ethnicity,
creed, age, national origin, personal habits, political preference
or sexual orientation. Members of private organizations retain
their rights to set whatever standards of association they deem
appropriate, and individuals are free to respond with ostracism,
boycotts and other free-market solutions.”
During his 2016 presidential election campaign, candidate
Gary Johnson unexpectedly stated in a debate not only that a
Christian baker should be forced to design a cake for a gay wed-
ding but also that a Jewish baker should be required to prepare a
cake for a Nazi wedding. Others in the party criticized that rejec-
tion of the principles set forth in the L.P. platform, but Johnson
refused to modify his position. This hurt him with his base, since
many libertarians viewed his claim as flawed and indefensible.
Underlying the libertarian view on this issue is the recogni-
tion that in a market economy, there is a built-in financial dis-
incentive for a baker to decline to sell to a potential customer.
As support for gay marriage increases in America, it becomes
increasingly unlikely that gay couples will encounter serious
difficulty in finding a florist or baker for their weddings. When
one vendor turns a couple away, there are numerous others lin-
ing up to win that couple’s business. The economic harm falls
squarely on the person with the moral qualms.
There’s no doubt that emotional harm can result from being
turned away from a business establishment because of who you
love. But surely there is also harm when an American is forced
to participate in an event that is contrary to his or her deeply
held beliefs. A voluntary, market-oriented approach is the best
way to reconcile the competing interests in such situations.
Reason Foundation filed an amicus brief with the U.S.34 OCTOBER 2018 Illustration: Joanna Andreasson. Photo: GeorgePeters/iStock
PROPOSITION:
Bakers Should
Not Be Forced to
Produce Cakes
for Same-Sex
Weddings