The
Christian couple’s view on homosexuality isn't one I personally share, but within reason I
defend their right to choose to run their business according to their own religious
beliefs and values, and in this case the State should do like-wise.
Disapproving
customers are free to walk away and shop elsewhere. They are even free to share
their disapproval on social media and encourage others to join them in shopping
elsewhere. Such responses are powerful in business, because they put pressure
on socially undesirable behaviour, and they penalise socially undesirable business
owners with lost custom, diminished profits, and in extreme cases, bankruptcy.
Any law
that makes it illegal to run a business according to your religious beliefs is
a law that infringes on the liberties of the business owners in a way that is,
in my view, socially undesirable. Saying that, however, doesn’t mean I think all
anti-discrimination laws are undesirable - far from it. They just need to be
applied more prudently.
As always, society
involves tension between a) accommodating people's right to hold views and
beliefs, and b) protecting others from unwanted discrimination. It is socially
desirable for a racist café owner who wants to put a 'No Blacks' sign on his
door to have black people's rights to not be discriminated against preferred
over his right to display his repugnant views. But at the other end of the
spectrum it is also socially desirable for another café owner to be allowed to
discriminate against under 65s by offering a pensioner discount on Wednesdays
and Thursdays. In this case the opposite applies - we prefer the café owner's
right to introduce pensioner discounts over any societal claims that under 65s
are being discriminated against.
The question the cake shop
case elicits is where on that spectrum do religious views sit? Personally I
think people's religious views should not be legislated against in business as
to do so would be to encroach on their freedoms in ways that people in society
ought to repudiate. It's quite clear to me that if the choice is between a) forcing
a businessperson to make/sell a good they do not wish to, or b) compelling a
dissatisfied customer to use another business, it's a no-brainer that society
should prefer the latter.
Perhaps a different case
will highlight this with even greater rigor. Imagine a t-shirt printing stall
run by a Muslim. Along comes a bunch of EDL louts on a stag party wishing to
have this Muslim gentleman print ten t-shirts depicting Mohammed drunk on
lager. Would you really want to live in a society that forces the t-shirt
printer to make these t-shirts for the stag party? I could spend all day
thinking of similar examples, and they would all contain the same wisdom: that
a society that forces people to act against their religious beliefs for the
good of not offending their customers is a pretty dodgy society, and one
in which most of us shouldn't want to live.
A quick comment on protected
characteristics
You will
see from the Equality and Human Rights Commission’s protected
charcteristics page that it is forbidden to discriminate against anyone
based on their race, sexuality, religion, sex, gender state, disability, age,
marriage or civil partnership, or pregnancy and maternity.
The problem with this
protected characteristics page is that it fails to compare like for like. A good
protected characteristics list would be one based on criteria beyond the
individual’s control. So for example, I can’t control my skin colour, and my
skin colour has no bearing on whether I can do a job or not, so it’s
understandable that discrimination on grounds of skin colour is both socially
undesirable and illegal. For that reason, it would be right and proper to bring
before the law a café owner who put up a sign saying “No Blacks”.
Religion, on the other
hand, is a different matter. Religious belief is not something beyond our
control. We choose our religious views (even if they’ve been thrust upon us
from childhood), and therefore what we believe says something about what kind
of person we are. If I had to choose between two people to hire, and there was
nothing to choose between them apart from one was a scientologist and one
wasn’t, I’d happily discriminate against the scientologist, because in my
hiring criteria a candidate's failure to see that scientology is a racket could
be a black mark against their potential.
For that reason
it's easy to favour a law that prohibits discrimination on skin colour but at
the same time repudiate a law that disallows religious discrimination. It's also
worth pointing out for the record that the Christian couple running the bakery
weren't actually refusing to serve someone on the pretext of their being gay - they
were simply refusing to make a product that expressed something they found to
be contrary to their own beliefs. A law that effectively wants to commandeer
their bodies and cake-making facilities is to me far more repugnant than the
offence these Christian bakers are supposed to have committed.
All that said, this is only a short blog post in which I couldn't possibly give the subject the full range of considerations it warrants.
One final point - the market does a very good job of
weeding out socially undesirable discrimination
Suppose there are two
countries - one with a large majority black population and a minority white
population, and one with a large majority white population and a minority black
population. What would be the effects of discrimination against blacks in each
country? Real history will tell us the answer, because those two situations
describe two real countries; the first being South Africa and the second being America.
Under South African
apartheid the minority whites were prejudiced against the majority blacks,
which comes at an economic cost because it restricts your business and your
labour. Suppose racist Jim opened up a shop in South Africa in the 1960s but won't
serve any of the majority blacks - he obviously shoots himself in the foot
because his restricts his trade options to a minority few and excludes the
majority of potential customers.
Now suppose racist Tom
opened up a shop in America
in the 1960s but won't serve any of the minority blacks - his discrimination
hurts him, but not as much as it hurts Jim, because Tom is restricting his
trade by less than Jim, as whites make up the majority in America in the
1960s.
In short, in a free market it pays
not to unfairly discriminate, because whether on large scale or a small one
you're going to limit your potential custom. The more socially undesirable your
discrimination, or the more people your discrimination negatively impacts, the
worse it will be for you. It is no coincidence that the time at which humans
started to trade was also the time that we started to become more civilised and
improved our methods of co-existence. To be able to trade in any age, and in
particular, the modern age, you need to be able to think of others; firstly, by
coming up with something (goods, services, entertainment) that others want; and
secondly, by being honest, ethical, friendly, and developing a good reputation
for your business. Far from being a vortex of selfish, uncaring and unethical
behaviour, free markets necessitate qualities that make trade conducive, with
your success dependent (in most cases) on your being a reputable person who
welcomes all and treats everyone well.