[net.politics] Libertarians and ERA

mms1646@acf4.UUCP (Michael M. Sykora) (04/10/85)

>/* adam@npois.UUCP /  9:08 pm  Apr  7, 1985 */
>
>*LIBERTARIAN: Opposed to all legal and political distinctions based on
>gender or sexual orientation (although some Libertarians oppose the ERA
>because of fear that it may serve as an excuse for more coercive
>legislation). Favor treatment of marriage as a private contract among

As long as you're on the subject, perhaps you can answer a question
for a fellow Libertarian.  Does the ERA contain provisions requiring
private sector employers not to discriminate against women or other
anti-liberty clauses?

						Thanks in advance,
						Mike Sykora

adam@npois.UUCP (Adam V. Reed) (04/12/85)

>>*LIBERTARIAN: Opposed to all legal and political distinctions based on
>>gender or sexual orientation (although some Libertarians oppose the ERA
>>because of fear that it may serve as an excuse for more coercive
>>legislation). Favor treatment of marriage as a private contract among
>
>As long as you're on the subject, perhaps you can answer a question
>for a fellow Libertarian.  Does the ERA contain provisions requiring
>private sector employers not to discriminate against women or other
>anti-liberty clauses?
>						Thanks in advance,
>						Mike Sykora

The explicit language of the ERA contains no such provision, but US
precedent gives "legislative intent" priority over the explicit language
of any legislation, including constitutional ammendments. Since a
majority of legislative proponents of the ERA seem to believe that the
ERA, if ratified, would authorize legislation applicable to the private
sector, US courts are likely to interpret it that way.
						Adam Reed

ark@alice.UUCP (Andrew Koenig) (04/12/85)

> As long as you're on the subject, perhaps you can answer a question
> for a fellow Libertarian.  Does the ERA contain provisions requiring
> private sector employers not to discriminate against women or other
> anti-liberty clauses?
> 
> 						Thanks in advance,
> 						Mike Sykora

No it doesn't -- at least not explicitly.  But it's easy to find
all sorts of examples of legislation that has been used to justify
restrictions far beyond those that were intended by the people
who wrote the legislation.

mjk@ttrdc.UUCP (Mike Kelly) (04/13/85)

> As long as you're on the subject, perhaps you can answer a question
> for a fellow Libertarian.  Does the ERA contain provisions requiring
> private sector employers not to discriminate against women or other
> anti-liberty clauses?
> 
> 						Thanks in advance,
> 						Mike Sykora


What a perverse notion of liberty: the freedom to discriminate against
women.  With these sorts of ideas, no wonder Libertarians are such a
small minority party.

Mike Kelly

tdh@frog.UUCP (T. Dave Hudson) (04/16/85)

>Does the ERA contain provisions requiring
>private sector employers not to discriminate against women or other
>anti-liberty clauses?

No, it didn't, just like most of the Constitution.  But how many
honest judges do you know of?  If it isn't "social policy" or "in
the compelling interest of society", it's whatever they happen to
be excreting at the moment.  You can't merely appoint the right
judges.  You have to go out of your way to keep them from fouling 
up.  (Surely that's possible!)

I suppose that a diminished need for judges would help keep
incompetents like Boston's Zobel out.  Then maybe a cleanly-worded
ERA wouldn't be so dangerous.

Is there a new ERA??

fagin@ucbvax.ARPA (Barry Steven Fagin) (04/17/85)

In article <132@ttrdc.UUCP> mjk@ttrdc.UUCP (Mike Kelly) writes:
>> As long as you're on the subject, perhaps you can answer a question
>> for a fellow Libertarian.  Does the ERA contain provisions requiring
>> private sector employers not to discriminate against women or other
>> anti-liberty clauses?
>> 
>> 						Thanks in advance,
>> 						Mike Sykora
>
>
>What a perverse notion of liberty: the freedom to discriminate against
>women.  With these sorts of ideas, no wonder Libertarians are such a
>small minority party.
>
>Mike Kelly

The freedom to discriminate against ANYBODY is part of a natural notion
of liberty, not a perverse one.  (So, for that matter, is the
freedom to help any minority groups that you feel have been
discriminated against).  It seems to me that if people have the right to
think their own thoughts, to own property, and to form voluntary
associations, then they may not be prevented from discriminating against
anyone in any manner they please.  Any other notion of liberty seems
inconsistent.  If a company discriminates against women, I find that
repulsive and will not patronize it, but it is not clear to me what
"right" women (or any other victims of discrimination) can claim to
coerce said company to stop.  

As I've said before: non-coerive action is always possible.  All that
has to happen to set things right is for NOW to boycott the offender.
Given the economic power of women in today's economy, I suspect such
tactics would be very effective.  In any case, since non-coercive 
tcechniques are available to combat the perceived evils of discrimination,
why use coercive ones?

How does this philosophizing translate into the real world in which we live?  
Very well, thank you.  Discrimination in a free market costs money (see Thomas 
Sowell, "Civil Rights: Rhetoric or Reality").  It is the Free Economy that will 
benefit victims of discrimination the most, and not more coercive legislation.

--Barry
-- 
Barry Fagin @ University of California, Berkeley

mrh@cybvax0.UUCP (Mike Huybensz) (04/19/85)

In article <6323@ucbvax.ARPA> fagin@ucbvax.UUCP (Barry Steven Fagin) writes:
> The freedom to discriminate against ANYBODY is part of a natural notion
> of liberty, not a perverse one.  

"Natural notion of liberty", huh?  What makes it a natural notion of liberty?
That it fits in with your wishful thinking?

Hey, I have a natural notion of liberty which includes the liberty to make
war (and otherwise coerce my neighbors.)  Why shouldn't I?

> Discrimination in a free market costs money (see Thomas 
> Sowell, "Civil Rights: Rhetoric or Reality").

On the contrary.  Discrimination can be extremely profitable.  Consider (for
example) a deep south restaurant 30 or more years ago that serves only white
customers.  If they started accepting black customers, their bigoted white
customers would desert in droves and go to other all-white restaurants.
If all the restaurants are coerced at once into changing policy the vicious
cycle will be broken.
-- 

Mike Huybensz		...decvax!genrad!mit-eddie!cybvax0!mrh

mms1646@acf4.UUCP (Michael M. Sykora) (04/20/85)

>/* mrh@cybvax0.UUCP (Mike Huybensz) /  2:45 pm  Apr 19, 1985 */

>> Discrimination in a free market costs money (see Thomas 
>> Sowell, "Civil Rights: Rhetoric or Reality").

>On the contrary.  Discrimination can be extremely profitable.  Consider (for
>example) a deep south restaurant 30 or more years ago that serves only white
>customers.  If they started accepting black customers, their bigoted white
>customers would desert in droves and go to other all-white restaurants.
>If all the restaurants are coerced at once into changing policy the vicious
>cycle will be broken.
>-- 
>
>Mike Huybensz		...decvax!genrad!mit-eddie!cybvax0!mrh

Wrong!  If the proprietor is discriminating against blacks only because
the majority of his customers desire that he does so, then these
customers incur a cost, i.e., they are limiting the number of 
restaurants that they can eat in.

mrh@cybvax0.UUCP (Mike Huybensz) (04/23/85)

In article <1340023@acf4.UUCP> mms1646@acf4.UUCP (Michael M. Sykora) writes:
> Wrong!  If the proprietor is discriminating against blacks only because
> the majority of his customers desire that he does so, then these
> customers incur a cost, i.e., they are limiting the number of 
> restaurants that they can eat in.

Isn't it funny that during the first 100 years of freedom, these "costs"
were not sufficient to cause changes in the south?

If the costs to many are small, and the profits for few are plentiful,
then the highly motivated few usually can persuade the indifferent many
to maintain the status quo.

Ask a southerner 30 years ago if he cared that because of his bigotry
he wouldn't eat in a restaurant that would serve blacks.  Chances are
he'd laugh at you, because there were so few, or because the clientelle
was of a different class.
-- 

Mike Huybensz		...decvax!genrad!mit-eddie!cybvax0!mrh

cramer@kontron.UUCP (Clayton Cramer) (04/24/85)

> In article <6323@ucbvax.ARPA> fagin@ucbvax.UUCP (Barry Steven Fagin) writes:
> > The freedom to discriminate against ANYBODY is part of a natural notion
> > of liberty, not a perverse one.  
> 
> "Natural notion of liberty", huh?  What makes it a natural notion of liberty?
> That it fits in with your wishful thinking?
> 
> Hey, I have a natural notion of liberty which includes the liberty to make
> war (and otherwise coerce my neighbors.)  Why shouldn't I?
> 
> > Discrimination in a free market costs money (see Thomas 
> > Sowell, "Civil Rights: Rhetoric or Reality").
> 
> On the contrary.  Discrimination can be extremely profitable.  Consider (for
> example) a deep south restaurant 30 or more years ago that serves only white
> customers.  If they started accepting black customers, their bigoted white
> customers would desert in droves and go to other all-white restaurants.
> If all the restaurants are coerced at once into changing policy the vicious
> cycle will be broken.
> -- 
> 
> Mike Huybensz		...decvax!genrad!mit-eddie!cybvax0!mrh

If the hypothetical restaurant is more concerned with pleasing its bigoted
white customers rather than its potential black customers, that suggests that
bigoted white customers outnumber all others.  (That sounds suspiciously like
democracy in action, to me.)

Let's assume for sake of argument that restaurant A does what you postulate.
Unless there are *very* few restaurants in town, at least one of those
restaurants has the potential to make a *lot* of money serving a black
clientele.  Unless the government takes steps to make sure that all the
restaurants have the same policy.  In fact, many of the discriminatory
practices of the South were the result of laws *requiring* those actions.
I suggest you look into the Plessy v. Ferguson case.  (You should remember
that from studying American history; that's the one where the Supreme Court
ruled in the 1890s that "separate but equal" was Constitutional.)  The case
in question involved a Missouri law *requiring* railroads to provide separate
accomodations for blacks and whites.  The free market couldn't be relied upon
to perform this socially desired function of discrimination, so the government
made *sure* those greedy businessman did what the government wanted.

South Africa's apartheid laws started in the 1920s as a set of restrictions on
the jobs offered to blacks, because poor whites weren't always getting the
good jobs.  The restrictions on where blacks could live were passed because
blacks had this disconcerting habit of buying or renting in desireable parts
of town, and the government needed to take action to prevent integration of
housing.  (You'll find that a lot of the discrimination in housing in this
country is left over from when cities explicitly prohibited blacks from renting
or buying in certain parts of town.)

National Socialist Germany had to pass elaborate sets of laws to make sure that
Jews would be discriminated against; as an example, a German farmer had to 
prove Aryan ancestry back to 1800 in order to be a farmer.  (I doubt that this
law was enforced real vigorously --- there might not have been too many farmers
left if they had.)

Free markets don't guarantee that there will be no discrimination, but they
make it likely that some business will refuse to discriminate because they see
an opportunity to make some money serving a market segment that other business
owners are too pig-headed to pursue.

We don't need government to impose non-discrimination on the marketplace; the 
government has a long history, in almost all countries, of imposing its will
on the marketplace, and with few exceptions, the imposition has been to promote
discrimination.

mms1646@acf4.UUCP (Michael M. Sykora) (04/25/85)

>/* mrh@cybvax0.UUCP (Mike Huybensz) /  4:05 pm  Apr 23, 1985 */
>In article <1340023@acf4.UUCP> mms1646@acf4.UUCP (Michael M. Sykora) writes:
>> Wrong!  If the proprietor is discriminating against blacks only because
>> the majority of his customers desire that he does so, then these
>> customers incur a cost, i.e., they are limiting the number of 
>> restaurants that they can eat in.

>Isn't it funny that during the first 100 years of freedom, these "costs"
>were not sufficient to cause changes in the south?

You've taken this out of context!  I stated that there are costs
incurred by discriminators.  I did not say that this would cause any
action in particular.

>If the costs to many are small, and the profits for few are plentiful,
>then the highly motivated few usually can persuade the indifferent many
>to maintain the status quo.

Then the indifferent many are fools!


						Michael Sykora

mrh@cybvax0.UUCP (Mike Huybensz) (04/27/85)

In article <120@kontron.UUCP> cramer@kontron.UUCP (Clayton Cramer) writes:
> If the hypothetical restaurant is more concerned with pleasing its bigoted
> white customers rather than its potential black customers, that suggests that
> bigoted white customers outnumber all others.  (That sounds suspiciously like
> democracy in action, to me.)

If the egalitarians in the country outnumber the white bigots, and enact
civil liberties laws prohibiting discrimination, sounds suspiciously
like democracy to me.

> Let's assume for sake of argument that restaurant A does what you postulate.
> Unless there are *very* few restaurants in town, at least one of those
> restaurants has the potential to make a *lot* of money serving a black
> clientele.  Unless the government takes steps to make sure that all the
> restaurants have the same policy.  In fact, many of the discriminatory
> practices of the South were the result of laws *requiring* those actions.

The question of which came first, the law or the discrimination, is
really irrelevant.  They were not made for economic purposes: they were
made to promote discrimination.

As for your speculation about "a lot of money", there were and still are
all-black restaurants and bars that would compete with an integrated
restaurant from the other side.

> I suggest you look into the Plessy v. Ferguson case.  (You should remember
> that from studying American history; that's the one where the Supreme Court
> ruled in the 1890s that "separate but equal" was Constitutional.)  The case
> in question involved a Missouri law *requiring* railroads to provide separate
> accomodations for blacks and whites.  The free market couldn't be relied upon
> to perform this socially desired function of discrimination, so the government
> made *sure* those greedy businessman did what the government wanted.

As you may recall, railroads were essentially monopolies.  Free market
principles don't apply well to monopolies.

> South Africa's apartheid laws started in the 1920s as a set of restrictions on
> the jobs offered to blacks, because poor whites weren't always getting the
> good jobs.  The restrictions on where blacks could live were passed because
> blacks had this disconcerting habit of buying or renting in desireable parts
> of town, and the government needed to take action to prevent integration of
> housing.  (You'll find that a lot of the discrimination in housing in this
> country is left over from when cities explicitly prohibited blacks from renting
> or buying in certain parts of town.)

This sort of discrimination takes place nowadays despite the fact it
is against the law.  How is the free market doing anything to stop it?

> National Socialist Germany had to pass elaborate sets of laws to make sure that
> Jews would be discriminated against; as an example, a German farmer had to 
> prove Aryan ancestry back to 1800 in order to be a farmer.  (I doubt that this
> law was enforced real vigorously --- there might not have been too many farmers
> left if they had.)

Bizzare interpretation.  But what does this have to do with the goofy
libertarian idea that a free market should cause discrimination to
wither away?

> Free markets don't guarantee that there will be no discrimination, but they
> make it likely that some business will refuse to discriminate because they see
> an opportunity to make some money serving a market segment that other business
> owners are too pig-headed to pursue.

Great.  The owner of an all-black restaurant in Alabama announces that he
now will serve whites also.  None of his clientelle leave, but no whites
come in either.

> We don't need government to impose non-discrimination on the marketplace; the 
> government has a long history, in almost all countries, of imposing its will
> on the marketplace, and with few exceptions, the imposition has been to promote
> discrimination.

We're talking about one of the exceptions.  So?
-- 

Mike Huybensz		...decvax!genrad!mit-eddie!cybvax0!mrh