Monday, February 19, 2018

Jack Phillips and the Perils of Religious Liberty...AND Private Property Rights...


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Jack Phillips




Jack Phillips is the Colorado baker and owner of Masterpiece Cakeshop Ltd., whose case is being heard in the Supreme Court over refusing to bake a cake for a gay couple. (https://www.washingtonpost.com/politics/courts_law/supreme-court-asked-if-wedding-cake-bakers-case-protects-religious-freedom-or-illegal-discrimination/2017/12/05/c73e6efa-d969-11e7-a841-2066faf731ef_story.html?utm_term=.67947effdec0)


It is the SAME issue, as a Muslim being sued over not serving pork and alcohol, or a Muslim baker refusing to bake a cake with the image of Mohammad on it, OR an Orthodox Jewish store being forced to sell non-Kosher products, OR a Jewish baker being forced to bake a cake adorned with Swastikas on it.

That is, of course, very different from a Muslim employee refusing to handle/sell alcohol or pork products in a store they're employed by. The key and vital difference is PRIVATE OWNERSHIP.

Would it be alright for the owner of a Halal shop nestled in a predominantly Muslim area, like Dearborn, MI. to refuse to sell pork products, or alcohol?

If Jack Phillips loses this case, the answer is unquestionably YES.

This is an interesting case because the plaintiffs are claiming Mr. Phillips' private ownership, and by extension, ALL private ownership of business and industry is de facto discriminatory.

Here's the rub, discrimination is not unjust. If it were, our Founding documents, that enshrined "freedom of association," the right to enter into contracts with whom you like and want to and NOT with those you don't, and form groups that admit only one group of people; women's groups (ie. mother's groups, etc), black groups (ie. The Association of Black Accountants, etc) and European American groups (ie. the European American Social Club, etc). would be unconstitutional.

IF private ownership of business and industry is discriminatory, then ALL private ownership, including home ownership is, as well. Private ownership DOES limit access to many lakes and other beautiful areas, BUT unfettered freedom of association and private ownership are the essence of individual Liberty, "non-discrimination," is NOT.

We ALL discriminate ALL the time. EVERY time we make a decision/choice, or express a preference (vanilla, or chocolate, beef, or fish) we are discriminating. Our choice in Marrying is rightfully and necessarily discriminatory, so is, who we go into business with.

Discrimination based on qualities aids individual productivity and prosperity, while petty discrimination based on someone's belief system, or looks, can be personally disastrous.

So WHAT?!

The purpose of the law is NOT to "save us from ourselves." If my competitor refuses to hire talent that is black, or Asian, or non-Christian, that's to my benefit. The law should NOT even inadvertently save that competitor from him/herself. One of the ironies of George Soros is that he made the bulk of his fortune from his Quantum Fund, which was run for years by the legendary currency and commodities speculator, Victor Niederhoffer, a devotee of the late, great Free Market economist, Milton Friedman. Profit makes for strange bedfellows.

Freedom of association, the unfettered choice/discrimination we have in friends, dating partners, business oartners, etc., and private property rights, the right to exclusive use of and disposal of our own property are fundamentally American ideal. Non-discrimination is not.

In Philadelphia, another assault on private property rights is being considered by that City's Legislature. City Councilwoman, Cindy Bass's Bill reads in part, But the bill proposed reads, in part: "No establishment shall erect or maintain a physical barrier." (https://pjmedia.com/trending/philly-lawmakers-seek-ban-bulletproof-glass-liquor-stores/)


"Right now, the plexiglass has to come down," said Ms. Bass. That’s a law guaranteed to drive small businesses out of that area.

That too violates private property rights and the innate, or Natural Right we all have to self defense, as those are defensive barriers.

The Jack Phillips case is being watched closely with scores of activists from across the political spectrum poised to target Halal shops for refusing to sell beer and bacon to non-Muslims and Orthodox Jewish establishments that only sell Kosher foods. SAME principle, it's refusing to sell specific customers the items they want. Jack Phillips did not refuse to sell to homosexuals, he refused to sell a specific item (baking a custom cake, he offered to sell them anything else in that store...SAME as a Halal shop owner who refuses to sell alcohol and pork to a customer, but offers to sell anything else in the store.

Of course, if Jack Phillips wins, activists will seek out other cases of business bias.

THIS assault on private property rights is new. I don't mean to advocate any violence, but we, as Americans, should make life in this country extremely unsafe, even dangerous to those who seek to rein in private property rights for any reason.

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