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Posts Tagged ‘Property Rights’

Who really owns the United States?

Posted by M. C. on November 28, 2023

Walter Block

There is also more than just a little bit of hypocrisy involved in this left wing land recognition movement. If the native peoples really own it in total, all others should either depart (back to Europe? Back to Africa? Back to Asia?) and/or start paying rent to the rightful owners. Has anything of this sort, on a serious basis, been placed on the table by any of these advocates? If so, not by too many of them;

Nowadays, it is common, when introducing an event, to say something along the lines of: “We are grateful to the XYZ Indian Tribe for allowing us to hold this gathering on what is really their land.” Universities, bastions of the left, have been particularly intent upon engaging in this practice. For example, Northwestern University offered this “expression of gratitude and appreciation to those whose territory you reside on, and a way of honoring the Indigenous people who have been living and working on the land from time immemorial.” Here is another instance: “Princeton (University) seeks to build relationships with Native American and Indigenous communities and nations through academic pursuits, partnerships, historical recognitions, community service and enrollment efforts.  These communities and nations include the Lenni-Lenape people, who consider the land on which the University stands part of their ancient homeland.”

Do the American Indians really own the entire country based upon homesteading, mixing their labor with the land? Not at all. There are now some 350 million people in the country, and there are still vast areas of it that have never so much as been touched by human feet, let alone homesteaded as farms, factories or residences. Before the white man came to the continent the best estimate is that there were only 2-3 million native persons in existence (the lowest estimate is less than one million; the highest, 18 million). It is difficult to see how they, alone, could have accomplished any such task.

There is a continuum issue heavily involved in homesteading. How intensively must the land be homesteaded, and for how long, before it can be clearly stated that ownership has been attained? Experts aver that it must be more intense, and less acreage attained for any given amount of effort, east of the Mississippi rather than west of it. Why? This is due to the fact that area off the Atlantic is far more fertile, on average, than in most of the west. Thus, a family of four would rationally invest in the homesteading of less acreage in the east than in the west.

Not only is there a continuum in terms of how intensively must be the homesteading, and the duration thereof in order to attain ownership, but, also, the degree of property rights after the fact. Consider many Indian tribes in the Midwest of the United States.

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The Resilience of Property Rights

Posted by M. C. on November 28, 2023

Dominic Pino

In 2018, the WEF tweeted a video of predictions for 2030 that included, “You’ll own nothing. And you’ll be happy.” Five years on, we can see that there’s still a long way to go for that prediction to come true.

The resilience of property rights is perhaps best demonstrated by the lengths that totalitarian regimes have to go to undo them.

In 2016, the goofballs at the World Economic Forum (WEF) published an article of fantastical utopianism. Ida Auken, a socialist member of the Danish parliament, wrote that in the year 2030, she lived in a city where nobody owned anything and everybody was happy. Private ownership has been abolished, everything we used to pay for is now free, green energy powers everything—it’s exactly the kind of nonsense you’d expect from a Danish socialist.

In 2018, the WEF tweeted a video of predictions for 2030 that included, “You’ll own nothing. And you’ll be happy.” Five years on, we can see that there’s still a long way to go for that prediction to come true.

In 2023, Carol Roth wrote a book called You Will Own Nothing, in which she takes the WEF a little too seriously and pulls together stray facts from around the global economy to allege that “World War F” is on the horizon, “a financial world war where you are ‘F’d.’”

Roth is a hyperactive Twitter user, and her book reads like an amalgamation of Twitter threads, so it can sometimes be difficult to keep the argument straight. Right off the bat, for example, the reader is told that there are three aggressors in World War F: “government and government-related forces (think Congress and the Federal Reserve),” “bad actors and elite power-grabbers (think the World Economic Forum and big business),” and “Big Tech.” These aren’t really distinct categories, as government contains bad actors and power-grabbers, and Big Tech is part of big business.

Regardless, there’s a group of elites out there who want to prevent you from owning stuff, according to Roth. As evidence, she points to government overreach during the Covid pandemic, high levels of government and individual debt, poor monetary policy by the Federal Reserve, the potential adoption of central-bank digital currencies, and the proliferation of ESG investing, among other economic problems.

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Property Rights, Civilization, and Their Enemies | Mises Wire

Posted by M. C. on June 6, 2023

A large part of the international division of labor was abolished during the twentieth century by war, socialism, and the Cold War. Nothing destroys the benefits of the division of labor more than war. Americans are always isolated from those whom they are waging war with, giving the lie to the standard neocon line that the advocates of peace are “isolationists.” Nothing—nothing—isolates us from other parts of the world than war.

https://mises.org/wire/property-rights-civilization-and-their-enemies

Thomas J. DiLorenzo

[This article is adapted from a lecture delivered at the Reno Mises Circle in Reno, Nevada. on May 20, 2023.]

It is not an exaggeration to say that property rights are a prerequisite for civilization. As Ludwig von Mises wrote in The Free and Prosperous Commonwealth:

Private property creates for the individual a sphere in which he is free of the state. It sets limits to the operation of the authoritarian will. It allows other forces to arise side by side with and in opposition to political power. It thus becomes the basis of all those activities that are free from violent interference on the part of the state. It is the soil in which the seeds of freedom are nurtured and in which the autonomy of the individual and ultimately all intellectual and material progress is rooted (emphasis added).

The story of the Pilgrims shows that America was literally created because of the recognition of this truth. In 1607 all but 38 of the original Jamestown, Virginia settlers were dead from famine. An additional 500 came and 440 died. This was known as the “starving time.” Sir Thomas Dale, the high marshal of the Virginia colony, recognize the problem to be what we would today call agricultural socialism. The residents of the colony worked the fields and shops and everything was put into a common store. Each family was given an equal allotment. Thus, the man who worked diligently fourteen hours a day was paid the same as the man who decided to work not at all. 

Sir Thomas Dale gave each man three acres of private land to homestead, which was soon expanded to 50 acres. It made all the difference, as people realized that the harder, smarter, and longer they worked, they more they and their families would prosper. 

The exact same scenario played out years later in Plymouth, Massachusetts where half of the original pilgrims died. The wife of William Bradford, the leader of the Mayflower expedition, committed suicide by jumping off the Mayflower because of all the death surrounding her. Her husband, like Sir Thomas Dale, finally figured out the problem—the absence of private property and secure property rights. Homesteading of private property was established, and the American colonists began to thrive.

Homesteading combined with secure property rights and almost no government intervention resulted in each region of the colonies excelling by relying on their comparative advantages. New England excelled in shipping, fishing, and primitive manufacturing, while the Southern colonies became agricultural powerhouses. The American economy in 1775 was 100 times larger than it was in the 1630s and the American colonists had one of the highest per capita incomes in the world.

The American Revolution was a war of secession from the corrupt mercantilism of the British empire characterized by cronyism, protectionism, military imperialism, and central banking in the form of the Bank of England. Citizens of empires are viewed by their rulers as mere tax slaves and cannon fodder at the disposal of the state, and the American colonists had had enough of it. 

The Road to Legal Plunder

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Donald Trump Should Enter Retirement

Posted by M. C. on January 24, 2023

We should all wish him well, provided he does not continue to undermine all the good he has accomplished.

https://open.substack.com/pub/walterblock/p/donald-trump-should-enter-retirement?utm_source=share&utm_medium=android

Luis Rivera

By Walter E. Block

Those of us who favor free enterprise, limited government, property rights, and free trade can no longer support Donald Trump in his quest to win the presidency in 2024.

Full disclosure: In 2015, I set up two groups in support of Trump. One, Libertarians for Trump, garnered some 5,000 signatures. That’s not much, but it is significant for the very small libertarian community. The second, Scholars for Trump, which was limited to people with Ph.Ds. and other such advanced degrees, had about 250 sign-ons. We did this to obviate the charge that only rednecks, clutching their “guns and Bibles” in flyover country, would support this man.

Why our support for the Donald? It had little to do with him personally or public-policy-wise. Our main fear was that virago, Hillary. There are no absolutes in politics. Voting is always a relative matter. Trump would certainly be preferable to Godzilla. Imagine a Joe Biden who is not senile. The horror.

From a personal point of view, I was not all that put off by Trump’s obvious obnoxiousness. I’m from Brooklyn; he was raised in nearby Queens. With the exception of Staten Island, everyone in the Big Apple is personally detestable. No big deal then, and even now.

Why, then, turn against him at present? It is simple. There are now far better alternatives around. Within the Republican Party, there are Greg Abbott, Ted Cruz, Ron DeSantis, Josh Hawley, Larry Hogan, Asa Hutchinson, Rand Paul, Mike Pence, Mike Pompeo, Marco Rubio, Ben Sasse, Rick Scott, Tim Scott, Chris Sununu, and Glenn Youngkin. That’s quite a lineup. Who needs a blustering liar?

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The Right to Discriminate

Posted by M. C. on December 8, 2022

The non-government school explanation of Pearl Harbor, property rights and discrimination

https://youtube.com/watch?v=GoFlo6ptWfw&feature=share

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If Government Can Take from One Group, It Can and Will Take from Everyone

Posted by M. C. on July 19, 2022

If a thief steals your money, you have every right to complain, and he’ll go to prison. But if the state does the same thing, then only a sociopath would complain, because the state is providing you and your neighbors with all kinds of “free” stuff. Only a self-responsible person and the enlightened minority understand that government can only give what it has stolen before. Most of the citizens still believe in the nanny-state myth and in free lunches.

https://mises.org/wire/if-government-can-take-one-group-it-can-and-will-take-everyone

Claudio Grass

It wouldn’t be an exaggeration to argue that private property rights, as understood by classic liberal thinkers, by those who embrace Austrian economic theory, and by all members of an enlightened society, are not only the cornerstone, but also the last defense of human civilization and the Western way of life in particular. Nothing stands a chance without this premise. No prosperity can ever come about or even be maintained, none of the civil liberties and human freedoms we so often take for granted these days, no innovation in business, technology or science.

The respect of the individual’s property is at the heart of most of our freedoms, and when the state or any other central authority crosses this big red line, it causes a massive domino effect. This erosion of liberty might be slow, but it certainly is steady, and most citizens only realize the risks they’re facing only when it’s too late to do anything about it.

A Relentless Campaign

States’ incursion into their citizens’ lives, businesses, savings, and fundamental human liberties, like free speech, is certainly nothing new. In fact, it is a concerted campaign that has been going on arguably since the first form of centralized government emerged. Even without the (rather safe) assumption that megalomania and a pathological thirst for power and control over other people were the core motivation behind this, there have always been those among us that think they what’s best for others and are only too eager to “help” and “save” them. However, this push toward centralization has seen a significant acceleration over the past couple of decades.

After mostly unelected European Union bureaucrats and technocrats consolidated power in Europe and state powers were eroded in favor of federal authorities and countless agencies in the United States, the needle really moved, and although nothing happened from one day to the next, this shift certainly set the West on the path of more and more centralization. Toxic ideologies and misanthropic worldviews, like those promoted by the Frankfurt school and their long march through the institutions, were of considerable help along the way.

Window-dressing state control and massive wealth redistribution policies as “welfare” and promoting them as citizens’ “duty” to “give back” aided in disguising what was really taking place. Property rights became conditional.

If a thief steals your money, you have every right to complain, and he’ll go to prison. But if the state does the same thing, then only a sociopath would complain, because the state is providing you and your neighbors with all kinds of “free” stuff. Only a self-responsible person and the enlightened minority understand that government can only give what it has stolen before. Most of the citizens still believe in the nanny-state myth and in free lunches.

The concept of “free” and of “public goods” in particular appears to have stuck more than anything else. Especially in Europe and in much of the Commonwealth, there is to this day not only a clear understanding, but an expectation in the minds of most citizens that things like education and healthcare are and must always be “free.” Hardly anyone stops and questions what this means, and how services that obviously cost incredible amounts of money can be free.

Every time there’s an election around the corner, the incumbent governments start throwing all kinds of subsidies and extra welfare benefits from helicopters. The recipients of these checks, even when they are taxpayers themselves, still perceive these payments as government assistance, as though their prime minister or president and all their cabinet members had simply reached into their own pockets given gifts, out of the kindness of their hearts.

Of course, once wealth redistribution became established as the norm, it also became much easier to push a much more aggressive agenda. Once again, with the aforementioned ideological and political “packaging,” a fierce hatred started to take root, dividing our societies in extremely dangerous ways, but also really expediting the concentration of power in the hands of the few. We have seen a huge escalation of this in the last twenty-five years.

The “rich,” the “1 percent,” the “privileged” and the “greedy capitalists” are all terms that attempted to describe some largely mythical group of people that had their boots on the throats of everybody else. At first, it was just money that made some people instantly evil and thereby justified using state force to dispossess them. However, this soon expanded to success in general. Just being better than one’s peers, working harder, cultivating a particular talent, it all became reason enough for anyone to become a member of that hated group.

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The Transgender Debate Should Be about Women’s Freedom and Private Property Rights

Posted by M. C. on May 14, 2022

Too many social issues advocate for government, instead of individual, action to advance their causes even when it might come back to bite them under future governments. To achieve their aims, gender-critical feminists should fight for less government power instead of relying on the government to protect them. The transgender debate should be left to society because when you ask the average person “should biological men be allowed in women’s toilets,” they would say no. Instead, if we leave it up to a politician who faces the pressure of various militant pressure groups like Stonewall or Mermaids, they might likely give a different answer.

https://mises.org/wire/transgender-debate-should-be-about-womens-freedom-and-private-property-rights

Jess Gill

The hot topic in British politics is whether it is appropriate for transgender-identified males to go into women’s only spaces such as toilets, changing rooms, and prisons. With J.K. Rowling as their figurehead, there has been a rise of women voicing their concerns about their safety and comfort if biological males enter spaces intended for biological females.

Several gender-critical groups have used the Equality Act 2010 as a basis for excluding transgender-identified males from single-sex spaces. For example, The Women’s Rights Network welcomed the Equality and Human Right Commission’s guidance, which clarified that there “are circumstances where a lawfully established separate or single-sex service provider can exclude, modify or limit access to their service for trans people.”

However, the gender-critical argument based on human rights and progressive legislation is philosophically weak and will not last. Allowing the state to define what a “protected characteristic” is and who is allowed to discriminate will only protect women’s freedoms until the next general election. The leader of the opposition, Keir Starmer, has already given into the gender ideologues after refusing to answer questions such as “Can a woman have a penis?” or “Do only women have cervixes?” when confronted on the radio show LBC. The Labour Party seems to be dogmatic on the issue of transgender inclusion with the Labour MP, Rosie Duffield, receiving “obsessive harassment” after standing up for women’s spaces. In addition, influential LGBT (lesbian, gay, bisexual, and transgender) groups like Stonewall have been advocating for the Equality Act to make exemptions for transgender people in single-sex spaces. Extending the Equality Act to prohibit women’s only spaces to exclude biological men under the basis of “gender identity” will most likely be at the top of a Labour government’s legislative agenda. As the likelihood that the Conservatives will lose the next general election increases, the basis of women’s freedoms will probably go as well.

Instead of depending on the government’s subjectivity to protect women, gender-critical feminists should advocate for property rights as a bedrock of their campaign. Advocating for property rights means advocating for a person to be able to do as they wish with that property. Gender-critical feminists should use property rights as a basis for excluding biological men from women’s only spaces. Advocating for property rights would protect institutions that defend women’s spaces that would be punished by antidiscrimination laws. Giving businesses this autonomy would allow them to protect single-sex spaces by having the freedom to set the parameters of who’s allowed on their property.

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Decentralization and the Rise of the West: The European Miracle Revisited

Posted by M. C. on April 27, 2022

The Amsterdam magistrate, in contrast, chose to treat all merchants, local or foreign, equally. Relatively speaking, the Dutch Republic was a beacon of political, economic, and religious freedom in the seventeenth century, and Holland in particular experienced an economic boom in the Dutch Golden Age. 

https://mises.org/wire/decentralization-and-rise-west-european-miracle-revisited

Bas Spliet

Decentralization has long been at the forefront of the minds of Austro-libertarians. Hans-Hermann Hoppe, for instance, appeared on Austrian television this month sharing his dream of a Europe “which consists of 1,000 Liechtensteins.”

Although principally based on economic reasoning, this policy agenda emerged at least in part out of a celebration of the historiography on the “European miracle,” which posits that the West grew rich because of the existence of thousands of competing political entities of differing size and form in premodern Europe. Since Ralph Raico summarized this historiography thirty years ago, the “European miracle” school of thought has moved forward with varying degrees of success.

The European Miracle

Back in 1994, Ralph Raico wrote an essay on the then emerging “European miracle” school of thought in economic history. The scholars in this school, Raico argued, had at long last repudiated the “historical materialism” of the Marxists. Unlike Karl Marx and his followers, they insisted that technological change and economic growth were the result of certain legal, political, and ideological institutions—or the “superstructure,” in Marxist terms—rather than the other way around.

Institutions such as property rights, restraint in taxation, and liberalism, in turn, arose out of the political anarchy of medieval Europe. Although culturally homogenous and economically integrated, Europe for centuries remained a patchwork of different kingdoms, principalities, city-states, and ecclesiastical polities. This meant that the ever-growing middle classes of merchants, artisans, and shopkeepers could take their business elsewhere if the rulers usurped too much of their productive wealth. As a result, the political authorities competed with each other to develop an atmosphere conducive to economic freedom. As Eric Jones put it in The European Miracle, which Raico named his article after:

Political decentralization and competition did abridge the worst arbitrariness of European princes. There were many exceptions, but gradually they became just that, exceptions. Meanwhile, freedom of movement among the nation-states offered opportunities for “best practices” to diffuse in many spheres, not least the economic…. The number of states never shrank to one, to a single dominant empire, despite the ambitions of Charlemagne, the Hapsburg Charles V or Napoleon. Within many states a long process in the history of economic thought conditioned rulers to listen to academics and other wise men. Writers of the seventeenth and eighteenth centuries in central and western Europe dared to offer advice about how to rule, some of which was taken.

Political competition ultimately is what set the West apart from the rest. Asia’s Charlemagnes, Charles Vs, and Napoleons were successful in monopolizing political power, allowing them to establish command economies.

The Nation-State

Raico’s article appeared in a volume called The Collapse of Development Planning, edited by Peter J. Boettke. The implosion of the Soviet Union undoubtedly made Raico optimistic that the influence of left-wing ideologies in the field of economic history would collapse, too. Yet the institutional approach has not come to dominate the field. The idea that the rise of the West is principally the result of the exploitation of labor still holds a lot of support in academia.1 Historical narratives that explain the Industrial Revolution through out-of-the-blue technological progress or coincidental geographical factors abound as well. Moreover, historians have tried to prove the efficiency of premodern antimarket institutions, such as craft guilds and serfdom.

Finally, the nation-state is still allocated a decisive role in the economic rise of the West. In his Global Economic History: A Very Short Introduction, for instance, Robert C. Allen celebrates the “standard model” for economic development spearheaded by nineteenth-century European nation-states and the US government. Influenced by Friedrich List and Alexander Hamilton, the four allegedly “successful” state policies, according to Allen, were investments in transportation and mass education, central banking, and tariffs.

Still, few historians would deny that political competition played a vital role in the European miracle. Niall Ferguson, for instance, included competition as the first of several “killer apps of Western power” in his popular 2011 book Civilization: The Six Killer Apps of Western Power. The problem is that since most historians are not libertarians, they do not a priori exclude the possibility that the nation-state can create wealth. Therefore, when government intervention and economic growth go hand in hand, even the institutionalists tend to conclude that the state somehow played a contributing role.

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The Marxist Myth of the “Treadmill of Production” | Mises Wire

Posted by M. C. on January 25, 2022

Much of the discussion from eco-Marxists and Facebook pseudointellectuals is counterproductive. They mistakenly blame free markets for a problem created by the government’s failure to ensure property rights. These free market critics often attack the market mechanisms that serve as the cures to our environmental woes. A proper solution to the current ecological situation is not possible without the inclusion of an unhampered price system and a legal system that upholds and protects property rights.

https://mises.org/wire/marxist-myth-treadmill-production

Baker Elkins

In recent years, Marxist theories of environmentalism have plagued online discourse and seeped their way into the public policy realm. Politicians then utilize these theories when formulating new legislation. While sometimes intimidating, these theories suffer significant flaws. Eco-Marxist theory, such as the “Treadmill of Production,” generally states two main criticisms of capitalism.

First, withdrawals from the environment. According to the eco-Marxists, production under modern capitalism requires a vast amount of material inputs. The energy/raw materials required to produce mass amounts of consumer goods leads to extreme resource depletion and waste; this is an insufficient criticism.

This is, at its core, an issue of scarcity. To the capitalist, it’s no surprise that using a resource diminishes its quantity supplied, but recognition of scarcity is a new concept for the Marxists. Scarcity is an obvious issue, but less obvious is how scarcity would be managed in a Marxist utopia absent of prices. The answer for a market economy is simple, the price system.

Rothbard beautifully explains how prices manage scarcity:

The first thing to be said about this is that on the free market, regardless of the stringency of supply, there is never any “shortage”, that is, there is never a condition where a purchaser cannot find supplies available at the market price. On the free market, there is always enough supply available to satisfy demand. The clearing mechanism is fluctuations in price. If, for example, there is an orange blight, and the supply of oranges declines, there is then an increasing scarcity of oranges, and the scarcity, is “rationed” voluntarily to the purchasers by the uncoerced rise in price, a rise sufficient to equalize supply and demand.

Resource depletion in a market economy has an easy fix and is ultimately a nonissue. The rising price of a good discourages the use of said good and prevents the good from running out. Rising prices for a good also creates a profit opportunity for entrepreneurs to find alternatives for that good. In contrast, a socialist economy has no bidding for privately owned resources, no prices, and as a result there is no clearing mechanism or scarcity indicator. See Economic Calculation in the Socialist Commonwealth.

The second criticism is additions to the environment. The eco-Marxists say modern production is more reliant on chemicals and energy to create consumer goods; chemical and energy intensive production leads to large additions to the environment—i.e., pollution.

What the eco-Marxists misunderstand is that pollution isn’t a problem of production; pollution is a problem of garbage disposal. As Walter Block puts it: “At its root all pollution is garbage disposal in one form or another.” There is nothing inherently wrong with production resulting in excess materials or chemicals, the core issue is how to dispose of the excess.

If pollution is a problem of garbage disposal and not a problem of production itself, then what is to blame? The legal system. The current legal system has failed to protect property rights; instead, the law protects polluters and trespassers. Governments that once allowed individuals to take polluters to court in nuisance suits now auction off permission to pollute. Courts of law historically protected land owners from factory pollutants and other forms of trespass. This legal precedent changed in the 1830s and ’40s, when legal systems ceased protecting property rights and allowed pollution for the “greater good.”

[Read More: “Law, Property Rights, and Air Pollution” by Murray N. Rothbard]

Polluters can now dump fertilizer and chemicals into rivers with permission from the Environmental Protection Agency. Pollutants can be pumped into the air as long as polluters line the pockets of the EPA’s Clean Air Markets Division and receive a pollution permit. If the federal government’s many regulatory agencies have failed and succumbed to special interests, what makes left-leaning environmentalists and progressive public policy makers think that new environmental protection agencies will fare any differently?

Much of the discussion from eco-Marxists and Facebook pseudointellectuals is counterproductive. They mistakenly blame free markets for a problem created by the government’s failure to ensure property rights. These free market critics often attack the market mechanisms that serve as the cures to our environmental woes. A proper solution to the current ecological situation is not possible without the inclusion of an unhampered price system and a legal system that upholds and protects property rights. Author:

Baker Elkins

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The Poor Forgotten Baker – LewRockwell LewRockwell.com

Posted by M. C. on November 10, 2021

The libertarian position on discrimination has nothing to do with racism, sexism, prejudice, bigotry, hate, intolerance, homophobia, or xenophobia and everything to do with freedom.

Anti-discrimination laws are an attack on property rights, freedom of association, the free market, and freedom of thought.

https://www.lewrockwell.com/2021/11/laurence-m-vance/the-poor-forgotten-baker/

By Laurence M. Vance

Earlier this year, Colorado baker Jack Phillips got in trouble again for exercising what he thought was his right in a free country to discriminate. Some libertarians have been strangely quiet about his plight.

In 2013, Phillips, the owner of Masterpiece Cakeshop in Denver, was accused by Colorado’s Civil Rights Commission (CCRD) of discriminating against a homosexual couple because he refused to bake them a cake for their “wedding.” An administrative law judge found in favor of the couple, and this was affirmed by the Commission. The decision was appealed to the Colorado Court of Appeals, which again affirmed the Commission’s decision in 2015. A petition for a writ of certiorari was filed with the Supreme Court in 2016, and was granted in 2017. The Court, in the case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018), in a 7-2 vote, ruled in favor of Phillips because “the Commission’s actions here violated the Free Exercise Clause.”

But the radical left wasn’t done with Phillips.

Soon after the Supreme Court decision, Autumn Scardina—who was born and remains a man no matter how many left-libertarians call him a woman—requested that Phillips bake him a cake pink on the inside and blue on the outside to celebrate his birthday and seventh anniversary of his “gender transition” from male to female.

Phillips refused, so Scardina filed a complaint with the CCRD.

CCRD director Aubrey Elenis concluded that there was probable cause that Phillips had unlawfully denied Scardina “equal enjoyment of a place of public accommodation,” and ordered the two to enter mediation. Phillips, represented again by the Alliance Defending Freedom (ADF), sued the state of Colorado in U.S. District Court in Denver for renewing its “crusade” again him because he again refused to bake a cake that would have violated his religious beliefs.

In March 2019, the state Attorney General’s office announced that it and Phillips’ attorneys had “mutually agreed to end their ongoing state and federal court litigation,” including the CCRD action against Phillips.

So Scardina filed a civil suit of his own in state court.

In June of this year, Denver District Court Judge A. Bruce Jones ruled that Phillips violated Colorado anti-discrimination law by refusing to bake the special cake and fined him $500. (I wonder if the judge would have likewise ruled that a Jewish baker who refused to bake a cake for Nazis in honor of Hitler’s birthday and a seamstress who refused to monogram robes for Klan members violated Colorado anti-discrimination law? Of course he wouldn’t.)

For months now I have been watching carefully the libertarian reaction to Phillips’ recent plight. It is almost non-existent from some quarters. And when the right of Phillips to discriminate is mentioned, it is usually tempered by some statement implying that his beliefs are wrong. As one prominent libertarian said back in June: “You may not agree with Phillips’ beliefs—I don’t—but a liberal, pluralistic society requires tolerance for people of different moral beliefs coexisting without using the state to crush dissent out of one another.”

CDC libertarians are so enamored with the Covid-19 vaccine that they have forgotten about the poor baker. They have been so busy telling us that private businesses have the right to require that their customers wear masks, social distance, and get the Covid-19 vaccine that they have ignored Jack Phillips. Never in their life have they talked as much about the right of businesses to discriminate as they have during the past year. But it is usually always in reference to the right of businesses to discriminate against the unmasked and the unvaccinated.

Since CDC libertarians rarely make an unequivocal case for the absolute freedom of discrimination, let me state the libertarian position on discrimination as clearly and succinctly as I can: Since discrimination—against anyone, on any basis, and for any reason—is not aggression, force, coercion, threat, or violence, the government should never prohibit it, seek to prevent it, or punish anyone for doing it.

The libertarian position on discrimination has nothing to do with racism, sexism, prejudice, bigotry, hate, intolerance, homophobia, or xenophobia and everything to do with freedom.

Anti-discrimination laws are an attack on property rights, freedom of association, the free market, and freedom of thought.

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