Monday, April 21, 2014

The Logical Progression of “Public Accomodation”

Mises Daily: Monday, April 21, 2014 by Jim Fedako

With the recent court decisions — and lack thereof — in the case involving Elaine and Jonathan Huguenin and their refusal to photograph the commitment ceremony of a lesbian couple, we find ourselves ever further down what appears to be a slippery slope to slavery.

A cursory review of the decision of the New Mexico State Supreme Court suggests it is merely an enforcement of a positive right granted to those who cross the threshold of any business. However, the decision has implications that reach far afield……upon further consideration, my disdain for this instance of jurisprudence grows.

One implication of a positive right to service from a business is the derivative positive right to quality service. So, it is not just that Elane Photography must take pictures of the commitment ceremony, it is that they must take quality pictures, as well…… the pictures must be equal — in the eyes of the couple……Suppose the photographer sent from the studio wore a t-shirt stating his disagreement with same sex-ceremonies…..can the photographer do anything that might disrupt the moment — in the eyes of the couple….[can ] the photographer grimaced and showed outright contempt for the ceremony. Suppose he refused to shake hands, make eye contact, or engage in similar niceties……Ludwig von Mises noted that either negative rights to person and property are enforced or we are on the slope to slavery: there is no middle way……To Read More…..

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