Surprisingly – or maybe not – the decision made by the Washington State Supreme Court regarding Arlene’s Flowers last month went widely unreported. Although the Court’s decision was upsetting to religious liberty supporters, the outcome was already expected by most when the Attorney General’s crusade against Barronelle Stutzman was first made public. Washington State has been overstepping its legitimate jurisdiction for years now, and many pro-family advocates already understand that we are fighting an uphill battle. What is amazing, though, isn’t the decision itself, but the arguments I saw on social media in favor of the Court’s decision.
I came across some interesting things when reading through an online comment thread this morning. First, people don’t seem to understand the difference between a privately owned business and a publicly owned business. Their argument falsely assumes that a business operated out of the privacy of a home on a referral basis would have the right to deny service; however, should the entrepreneur choose to open a shop open to the public, the owner’s rights must be jettisoned. But in reality, operating a business that is open to the public does not mean it is a “publicly owned business” or that the business owner’s rights should be subjected to the demands of the mob.
There are several different types of business structures. Sole proprietorship is the most common and refers to a business that is owned (and typically operated) by one person. This person usually sinks everything they own into their business. A proprietor is legally and financially responsible for their business; if, for example, a business is sued, the proprietor’s assets will be used to pay the damages. Another business arrangement is a partnership, in which two or more people enter into a business agreement and still retain full liability. Limited liability companies (LLCs) are structured similarly to a partnership, but such an arrangement provides some protection to the owners against accidents or lawsuits. There are also corporations which act as a separate entity from their owner(s) entirely. All of these businesses are private. The owners retain their rights. A person does not relinquish their fundamental, inalienable, constitutionally-protected rights when he or she enters into business.
The individual then tried to argue that refusing services based on politics is acceptable while refusing business based on conscience is somehow abhorrent. To someone looking at it from an objective, logical standpoint, this assertion makes little sense. Why is discrimination motivated out of political beliefs allowed when discrimination rooted in religious beliefs is not acceptable? If you’re going to decry religious discrimination, then you cannot reasonably support political discrimination.
Perhaps the most erroneous argument I heard on this thread was the claim that there are protected classes of citizens. These protected classes are groups of people who, because of various claims of racism, bigotry, sexism, and homophobia, claim to need additional protections under the law. This does a serious disservice to the LGBTQ community by essentially making them second-class citizens. One commentator refers to this as “the soft bigotry of low expectations,” meaning that some feel these groups need additional protections not afforded to other groups of people because the marginalized groups are helpless without those protections. The progressive Left uses these tactics to create dependence, exacerbating these issues to assemble a larger voting block which allows them to remain in office (and receive a substantial paycheck). In return, they promise to fight for societal validation and respect for those groups. In his dissent over the same-sex marriage decision, Justice Thomas said, “The government cannot bestow dignity, and it cannot take it away.”
Conservatives fight against these special protections because no one’s rights should be placed above those of another. It is man’s nature to have dissenting opinions. Everyone will never agree on everything, and it is not possible to have a society where no one’s feelings are hurt. But thankfully, we do live in a society where everyone is afforded the same rights under the law. Because government cannot protect the feelings of some without violating the rights of others, its role is to protect everyone’s religious liberty, conscience rights, and freedom of speech and association, even for those who the majority finds distasteful or offensive. Perhaps Thomas Jefferson put it best when he said, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights…”
Kyli Erickson is a guest contributor to the FPIW Blog.