In the name of anti-discrimination, our freedoms diminish.
What goes by the name “constitutional law” has been eclipsing the U.S. Constitution for a long time. But when the 1964 Civil Rights Act substituted a wholly open-ended mandate to oppose “discrimination” for any and all fundamental rights, it became the little law that ate the Constitution.
Now, because the Act pretended that the commerce clause trumps the freedom of persons to associate or not with whomever they wish, and is being taken to mean that it trumps the free exercise of religion as well, bakers and photographers are forced to take part in homosexual weddings.
A commission in the Commonwealth of Massachusetts reported that even a church may be forced to operate its bathrooms according to gender self-identification because it “could be seen as a place of public accommodation if it holds a secular event, such as a spaghetti supper, that is open to the general public.”
California came very close to mandating that Catholic schools admit homosexual and transgender students or close down.
The Justice Department is studying how to prosecute on-line transactions such as vacation home rental site Airbnb, Inc., that fall afoul of its evolving anti-discrimination standards.
This is the second day in a row, I’ve read and written about pieces of legislation whose impact takes decades to understand. Both are traced to Lyndon Johnson.
Not that I’m advocating for the repeal of the 1964 Civil Rights Act. Any politician whispering such a notion in their sleep would be Borked or worse.
It’s just that I point out that many thing the Republic is collapsing, and I am sure that all of our injuries are self-inflicted.
I don’t think we’ll crumble and fall. But I do predict a rough road back to freedom.