When Civil Rights and Libertarianism Collide

Image   What does it take to create a harmonious civil society? Individual rights are extremely important, but so are civil rights. Should individual rights trump civil rights? For me, a recent exchange of opinions with a self described libertarian on the social blog, SodaHead, highlighted this conflict.

First, I understand the position of the libertarian and I do sympathize. Libertarians believe that the individual is the sole arbiter of his associations, and not the government. I agree to an extent, but I argue that for the purpose of building and maintaining a civil society, there must be at least two exceptions, e.g., commerce and religion.

This clash of rights came to light lately when a baker refused his service to a gay wedding. The baker was not required to attend the wedding, but simply to bake and decorate the cake. He based his refusal on his religious beliefs. At first blush, one would tend to agree with the baker. After all, we do have the right to practice our religions. Yet, this practice sometimes runs afoul of law, which is the manifestation of the government’s obligation to guarantee all citizens equal access to commerce.

The government (We the People), have a compelling interest in the promotion of a civil society. While the baker, in his private life, has a sovereign right to association, in his business practices, he does not have the right to select which customers he will not serve. The gay couple’s right to equal access to commerce outweighs whatever right he may think he has for refusing his service.

He who has a business open to the public, must serve the public. Besides, the baker is not being forced to associate on a social bases with them, he is merely obligated to operate his business as usual, even if his cake does have two male or female figurines on top. This case illustrates my argument that religion is often divisive–a major hindrance to peace and harmony. Were the baker to follow the path of benevolent reciprocity–do unto others as you would have them do unto you–empathy would have dictated his actions. We should not be in the business of building walls, but dismantling those we’ve built.

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