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In a free society, the right to discriminate is essential and absolute. A free society must include the freedom to discriminate against any individual or group for any reason and on any basis. A free society may or may not be free of discrimination, but it must be free of discrimination laws. By their very nature, the rights of private property, freedom of assembly, freedom of association, free enterprise, and freedom of contract include the right to discriminate.

https://mises.org/wire/equality-and-fairness-all-property-owners

Laurence M. Vance

The grossly misnamed Equality Act is a government attack on the rights of private property, freedom of assembly, freedom of association, free enterprise, and freedom of contract. According to the official summary of bill (H.R.5):

This bill prohibits discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation.

The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services.

The bill allows the Department of Justice to intervene in equal protection actions in federal court on account of sexual orientation or gender identity.

The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.

Not surprisingly, the Equality Act is supported by the usual left-wing suspects like the ACLU, the Anti-Defamation League, the Southern Poverty Law Center, the NAACP, the AARP, and the National Organization for Women, the American Federation of Teachers, NARAL, Planned Parenthood, the American Psychological Association, and LGBTQ rights groups. But it is also supported by the U.S. Chamber of Commerce and many of America’s largest companies, including Apple, Amazon, Facebook, Twitter, Google, Microsoft, eBay, Starbucks, Kellogg’s, and Johnson & Johnson. It even has the support of some religious denominations and groups, including the Episcopal Church, the United Methodist Church, the United Church of Christ, and the Interfaith Alliance.

The Equality Act has been languishing in the U.S. Senate since March 1 of this year. It was introduced in the U.S. House of Representatives on February 18 and passed just a week later by a vote of 224–206. Every Democrat in the House voted in favor of the bill, but only three Republicans did. Although as of this writing, the Senate has not yet acted on it, the bill has a good chance of passing in the second session of the 117th Congress when Democrats see the handwriting on the wall that spells out “Republican landslide” in the 2022 midterm elections. The Republican alternative to the Equality Act, the equally misnamed Fairness for All Act, is no alternative at all if property rights mean anything.

Background

To understand the Equality Act, we must begin with the Civil Rights Act of 1964. It claimed to be:

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