The libertarian position on discrimination has nothing to do with racism, sexism, prejudice, bigotry, or hate; it has everything to do with property rights, freedom of contract, freedom of association, and, most importantly, freedom of conscience.
https://www.fff.org/explore-freedom/article/freedom-of-conscience/
Libertarian philosopher and historian George H. Smith (1949–2022), in his collection of essays titled Freethought and Freedom, incisively remarked that “without freedom of conscience no other freedoms are possible.” It is my contention that freedom of conscience is under attack right now — in the third decade of the twenty-first century — more so than at any other time in history.
Freedom of conscience is not mentioned in the U.S. Constitution. The closest thing to it is found in the First Amendment, which reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The “establishment” and “free exercise” clauses of the First Amendment are generally thought of as protecting the freedom of religion, which is sometimes identified with the freedom of conscience. Related to this is the prohibition of religious tests for federal office found in the third clause of the Constitution’s article VI.
But freedom of conscience cannot be limited to just religion. The Universal Declaration of Human Rights (UDHR), proclaimed by the United Nations General Assembly in 1948, “sets out, for the first time, fundamental human rights to be universally protected.” Articles 18 and 19 relate to freedom of conscience:
- Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
- Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
The International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly in 1966, and effective in 1976, expanded these two articles and added a caveat to each one:
18.1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
18.2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
18.3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
19.1. Everyone shall have the right to hold opinions without interference.
19.2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
19.3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.
We may thus define freedom of conscience as the freedom of an individual to hold a viewpoint, belief, or thought — religious or otherwise — without state interference, coercion, or molestation.
Religion
Freedom of religion is certainly a major part of freedom of conscience. Americans generally take religious freedom for granted because it is so ingrained in American culture. Such was not always the case, however, especially in colonial New England. The story of the banishment of Anne Hutchinson and Roger Williams from the Massachusetts Bay Colony is well known. Even for several years after the adoption of the Constitution, the new states of Connecticut, Massachusetts, and New Hampshire had established churches.
But in many countries of the world, even in the twenty-first century, freedom of religion is precarious.
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