Volokh Conspiracy: Explaining the libertarian position on antidiscrimination laws

With the recent and continuing hulabaloo over conflicts between antidiscrimination laws and freedom of religion, the charge inevitably arises that anyone who is opposed to, or even skeptical of, antidiscrimination laws that apply to private partieswhich means most people who identify themselves as libertariansis effectively not pro-liberty, but pro-discrimination. I therefore thought it was a good time to reprint my rebuttal of that argument from Cato Unbound, published in 2010, below.

The most serious charge has been that libertarian skepticism of antidiscrimination laws that apply to private entities reflects, at best, insensitivity to race discrimination. One blogger, reflecting a significant swath of progressive sentiment, argued that no matter how committed to racial egalitarianism any individual libertarian claims to be, Libertarianism is a racist philosophy. Libertarians are racists.

This is a rather odd criticism. For both philosophical and utilitarian reasons, libertarians are presumptively strongly opposed to any government regulation of the private sector. It naturally follows that libertarians presumptively oppose restrictions on private sector discrimination. Its hardly an indication of racial animus, or even insensitivity, for libertarians to enunciate theexact same positionon antidiscrimination laws that they take in all other contexts.

The progressive libel of libertarians as racial troglodytes for their consistent defense of private-sector autonomy is ironic, given that similar illogic has so frequently been used against modern liberals. When liberals defended Communists free speech and employment rights in the 1950s, their critics accused them of being Communist sympathizers, if not outright Communists. More recently, progressives have been accused of being American-hating jihadist sympathizers when they stood up for the rights of terrorism suspects. Critics have even charged civil libertarians with abetting racism for opposing hate speech laws.

The hate speech example is particularly telling. Some progressives argue that if libertarians were more sensitive to the concerns of minorities, they would sacrifice their anti-statist principles to the goddess of antidiscrimination. If so, progressives should similarly sacrifice their support for freedom of speech.

Confronted with the hate speech analogy, progressives will typically reply that supporting freedom of speech is completely different from supporting the right to engage in discriminatory action. After all, speech is just speechsticks and stones, and whatnotwhile discriminatory actions cause real distress to the victims. And besides, they argue, the marketplace of ideas can be trusted to ensure that egalitarian views will emerge victorious.

This argument does not stand up to close scrutiny. Hate speech can directly harm members of minority by causing psychological distress or inciting violence. And indirect harms from hate speech can be catastrophic if advocates of racist views are able to win control of the government. While minorities can generally find productive economic niches in even highly prejudiced but market-oriented societies, there is no safe haven for minorities if racist ideas dominate politics and lead to harsh discriminatory legislation.

Also, a free economic market protects minorities from discrimination to some degree because businesspeople have an economic incentive to hire the most productive workers and to obtain the most customers. By contrast, individual voters and political activists have no corresponding incentive to overlook or overcome their personal prejudices. Concern for the financial bottom line mitigates the temptation of economic entrepreneurs to discriminate; concern for the electoral bottom line, meanwhile, often leads politicians to stir up resentment against minorities.

As suggested above, supporters of antidiscrimination laws typically focus on laws banning racial discrimination. They do so because opposition to race discrimination has great historical and emotional resonance in a nation that had institutionalized racial oppression, including chattel slavery, for hundreds of years. However, federal antidiscrimination laws also apply to discrimination based on religion, sex, age, disability (including ones status as a recovering drug or alcohol addict), pregnancy, marital status, veteran status, and even military recruiters. State and local antidiscrimination laws cover everything from sexual orientation to political ideology to weight to appearance to membership in a motorcycle gang.

The proliferation of antidiscrimination laws explains why libertarians are loath to concede the principle that the government may ban private sector discrimination. There is no natural limit to the scope of antidiscrimination laws, because the concept of antidiscrimination is almost infinitely malleable. Almost any economic behavior, and much other behavior, can be defined as discrimination. Is a school admitting students based on SAT scores? That is discrimination against individuals (or groups) who dont do well on standardized tests! Is a store charging more for an item than some people can afford? That is discrimination against the poor! Is an employer hiring only the best qualified candidates? That is discrimination against everyone else!

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Volokh Conspiracy: Explaining the libertarian position on antidiscrimination laws

Libertarians nominate Lauren Southern for Langley-Aldergrove

The Libertarian Party of Canada has nominated Lauren Southern for the federal riding of Langley-Aldergrove.

Lauren Southern was born and raised in Surrey and is currently living Langley. Lauren became an advocate of Libertarian values when she began discovering the works of Libertarian philosophers at a young age. She adopted the belief that the government does not know how to spend an individuals money better than they do. Nor should the government have the right to instruct people on how to live their lives when their way of life is causing no harm to those around them.

She is currently studying political sciences at the University of the Fraser Valley and where she provides a strong voice for liberty on the campus. She previously hosted the radio show Liberty Now from the university broadcast station where she discussed current affairs from a libertarian viewpoint. Since then, she has moved on to more studies and volunteering, and is now looking for more opportunities to promote Libertarian ideals in any way she can.

Lauren plans on running a strong campaign in order to spread the libertarian message, as well as move power away from the government and back to the people. She feels strongly about issues such as corporate welfare, criminalization of victimless crimes and taxation. In promoting liberty, Lauren hopes to create a better, freer Canada for current and future Canadians.

Government is not the solution to our problem; government is the problem, says Southern.

Libertarian leader Tim Moen

Tim Moen grew up on a farm in Northern Alberta where he learned the value of freedom, hard work, responsibility, respect for property and community. He has served his community as a firefighter, paramedic, business owner, writer, filmmaker and volunteer. In 2013 after working with Neil Young, who slammed his community and the oil sands industry, Tim gained national media attention by writing an article revealing Neils hypocrisy. In 2014 he ran a highly visible by-election that caught the attention of Fox Business, CNN, Reason Magazine, Gawker, This Hour Has 22 Minutes and numerous other media outlets.

Tim has extensive experience leading high performance teams and has a graduate degree in leadership where his thesis examined the ways in which high performance teams employ libertarian principles. Since Tim was elected leader of the Libertarian Party of Canada in May 2014, the Party has witnessed an explosive growth in membership, engagement and funding.

Tim has spent his career protecting life and property from mindless destructive forces. Now as leader of the Libertarian Party of Canada he is focusing his attention on the destructive force of government which has an unquenchable appetite for money and power at the expense of its citizens.

Mission

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Libertarians nominate Lauren Southern for Langley-Aldergrove

Penn Jillette: People have the right to be stupid

Story highlights Penn Jillette: I'm in favor of many kinds of sex; everyone has different preferences and that's okay He says that people have a right to be stupid, but what's so wrong with selling cake to gay people?

I've read the Bible cover to cover, and I've never seen that in there, but, I'm an atheist, so I may have scales over my eyes while I read -- what do I know?

I was listening to some whack job (I should say some other whack job, because I was on the same TV panel) talk about how some Christians might not think gay sex was right and needed the legal right to act on that belief.

It's OK to not like some forms of sex. I'm sure there's some form of sex that I don't like, I just haven't encountered it yet. If anyone invites me to a kind of sex I don't want -- I will say no ... at least after I've tried it a couple times.

Indiana governor signs 'fix' for religious freedom law

My job is doing a Vegas magic show. I bet if I really researched all the people in our audiences, I would find people in our crowds who I had fundamental disagreements with. I would still want to do the show for them. That's my job. I'm trying to sell about a quarter of a million tickets a year to Penn & Teller, and that ain't easy.

I might not agree with Scientologists or chiropractors, but I want them to come to my show. Who knows, just being around us, might wise them up, or even better, might wise me up. I like to change my mind and it's good business to be in business with people you don't agree with.

All that being said, as a libertarian, I believe that people have the right to be stupid and run their businesses in a stupid way. And then the big old invisible hand gets visible and the stupid businesses go out of business. It doesn't always work, but it often does.

Pizzeria finds itself at the center of religious freedom debate

I don't think we need a special law that says certain people get to be rude to other people because they think God is on their side, but I also don't want a law that says I have to do business with people I disagree with if I'm a really stupid business person.

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Penn Jillette: People have the right to be stupid

American College of Medical Genetics and Genomics Announces New Board Members: Dr. Louanne Hudgins is ACMG President …

BETHESDA, Md., April 2, 2015 /PRNewswire-USNewswire/ -- At its 2015 ACMG Annual Clinical Genetics Meeting in Salt Lake City, the American College of Medical Genetics and Genomics (ACMG) announced the election of five new directors to its Board. Members of the ACMG Board of Directors serve as advocates for the ACMG and for forming and advancing its policies and programs. ACMG is the national organization for the medical genetics profession.

"It's an eventful time in medical genetics and genomics. We are excited to add these outstanding individuals to our Board," said Michael S. Watson, PhD, FACMG, ACMG Executive Director. "The College's Board consists of experienced and skilled individuals with diverse medical backgrounds within genetics to represent the broad range of work that our members do. Each new Board member brings singular talents, insights, and experience that will enhance the College's mission."

The five newly-elected directors will serve six-year terms from April 2015 to March 2021.

Louanne Hudgins, MD, FACMG:President-Elect

ACMG President-elect Dr. Louanne Hudgins received her MD from the University of Kansas. She completed her internship/residency in Pediatrics and her fellowship in Human Genetics at the University of Connecticut. Dr. Hudgins is board certified in medical genetics. She is currently Professor of Pediatrics and Chief of the Division of Medical Genetics at Stanford University Medical Center. She is also Director of Perinatal Genetics and Service Chief for Medical Genetics at Lucile Packard Children's Hospital Stanford. She has been the Mosbacher Family Distinguished Packard Fellow at the Stanford University School of Medicine, Department of Pediatrics since 2008. Known as an outstanding teacher and mentor, she also earned the "Excellence in Teaching Award" at Stanford University School of Medicine in 2004 and 2009-2010.

Dr. Hudgins has been very active in the ACMG serving on the ACMG Board of Directors (2002-2009) and as VP for Clinical Genetics (2007-2009). She has also served on several committees: Dysmorphology Subcommittee (1997-2000); Governance Committee (2008-2009); Co-Chair, Professional Practice and Guidelines Committee (2003-2007); Maintenance of Certification Committee (2005-2012). Additionally, Dr. Hudgins has been involved in national and international professional activities including the American Academy of Pediatrics, the American Board of Genetic Counseling, the National Board of Medical Examiners, the NIH/NHGRI Special Emphasis Review/Panel, the American Society of Human Genetics and the International Congress of Human Genetics.

Dr. Hudgins' specialties include prenatal screening and diagnosis, dysmorphology, and general clinical genetics. She has authored more than 100 peer-reviewed and invited publications. She recently co-edited the book Signs and Symptoms of Genetic Conditions: A Handbook.

Tina M. Cowan, PhD, FACMG:Director, Biochemical Genetics

Dr. Cowan received both her BA and PhD degrees in Biology from the University of California, Los Angeles. Dr. Cowan completed her postdoctoral training at the University of Maryland, Baltimore, and is ABMGG-certified in Biochemical/Molecular Genetics and Medical Genetics. Following training she joined the faculty at the University of Maryland, Division of Human Genetics, where she was co-director of the Biochemical Genetics Laboratory. She is currently Associate Professor of Pathology at Stanford University and Director of the Clinical Biochemical Genetics Laboratory, as well as Laboratory Training Director for ABMGG-accredited training in biochemical genetics for both the Stanford and UCSF programs.

Dr. Cowan was a member of the ACMG Laboratory QA committee (Vice-Chair 2010-2012) and Biochemical Genetics Subcommittee (Chair 2008-2012), as well as the ACMG ACT Sheet and Confirmatory Algorithms Workgroup. She served on the ABMGG Board of Directors from 2006-2011 (President 2011), and is a member of the CAP/ACMG Biochemical and Molecular Genetics Resource Committee (Biochemical Genetics).

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American College of Medical Genetics and Genomics Announces New Board Members: Dr. Louanne Hudgins is ACMG President ...

First human studies promising for made-in-Canada Ebola vaccine

The first human trials of a designed-in-Canada Ebola vaccine suggest it is safe and triggers a rapid immune response, studies published Wednesday reveal.

The work, based on six different clinical trials in the United States, Switzerland, Germany, Gabon and Kenya, found the vaccine quickly generates antibodies in people who receive it. Whether those antibodies protect against infection remains to be seen, but early evidence suggests that is a strong possibility.

The vaccine is called rVSV-ZEBOV and was designed by scientists at the National Microbiology Laboratory in Winnipeg, part of the Public Health Agency of Canada. It is being developed by U.S. biotech NewLink Genetics and pharma giant Merck.

Published in the New England Journal of Medicine, the research describes Phase 1 clinical trials and shows for the first time what happens when this vaccine is given to a number of people.

Phase 1 trials are designed to show if an experimental product is safe and to help determine what an appropriate dose should be. They are too small to answer the question: Does this vaccine work?

It is hoped the answer will come from larger Phase 3 trials currently underway in West Africa.

The research, grouped into two reports, shows people who received the vaccine started to generate antibodies quickly. That is an attractive feature in a vaccine that would be used to quell future Ebola outbreaks, if it makes it through the licensing process.

There were pretty positive signals of immunogenicity at 14 days post vaccination across both of the (vaccine) doses that are reported, said Col. Stephen Thomas, a senior author of the article describing the findings of the two U.S. trials. Those two trials were conducted at the Walter Reed Army Institute of Research and the U.S. National Institute of Allergy and Infectious Diseases, both located in Bethesda, Md.

By Day 28, all the vaccinated volunteers had shown an antibody response.

The article reporting on data from the European and African trials revealed that blood from vaccinated subjects contained antibodies that neutralized or killed Ebola virus a finding that adds weight to the belief that this vaccine should protect against infection.

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First human studies promising for made-in-Canada Ebola vaccine

Study finds new genetic clues to pediatric seizure disorders

Researchers have identified a new genetic mutation at the heart of a severe and potentially deadly seizure disorder found in infants and young children. The finding, which was reported today in the journal American Journal of Human Genetics, may help scientists unravel the complex biological mechanism behind these diseases.

"These findings allow us to open up what was, up to this point, a 'black box' and more fully understand the biological pathways associated with these disorders and why some individuals do not respond to treatment," said Alex Paciorkowski, M.D., an assistant professor of Neurology at the University of Rochester Medical Center (URMC) and lead author of the study.

Epileptic seizures are the result of bursts of electrical activity in the brain caused when groups of neurons fire in an abnormal pattern. The study out today focuses on a severe form of seizure disorders - early myoclonic encephalopathy, Ohtahara syndrome, and infantile spasms - collectively referred to as developmental epilepsies. These seizures appear early in life, in some instances hours after birth, and can be fatal. Individuals with the condition who survive beyond infancy will often struggle for the rest of their lives will developmental disabilities, autism, and uncontrollable seizures.

The researchers analyzed the genetic profiles of 101 individuals with developmental epilepsy and were able to identify a mutation in a gene called salt-inducible kinase 1 (SIK1), a gene previously unidentified with the disease and one which the researchers believe plays a role in a chain reaction of gene and protein interactions in neurons that contribute to seizures.

The link between the SIK1 mutation and developmental epilepsy was made possible through the intersection of genetics, neurobiology, and high performance computing. In the latter case, the researchers utilized a supercomputer cluster at the University of Rochester that allowed the scientists to sift through enormous sets of genetic information quickly and more efficiently.

"High performance computational capabilities were key to this research and enabled us to analyze essentially the full genetic profile - more than 20,000 genes - for each study subject and simultaneously compare the results with data from other families," said Paciorkowski. "In the past, this type of analysis would have taken months of computing time to accomplish. We can now get results in a matter of days."

Once the mutation was identified, the researchers worked with neurobiologists in the URMC lab of Marc Halterman, M.D., Ph.D., and were able to identify the downstream impact of the mutation, namely that it regulated another gene that has been associated with severe seizures called myocyte-specific enhancer factor 2C (MEF2C).

While the biological chain of events caused by the mutation is not fully understood, the researchers believe that malfunctioning SIK1 and MEF2C genes interfere with the cellular machinery in neurons that that are responsible for guiding proper development, namely, the growth, maintenance, and maturation of synapses, the connections that allow neurons to communicate with their neighbors.

Using an array of experiments, including in brain tissue from an affected individual, Paciorkowski and colleagues showed that the proteins created by the mutated SIK1 did not behave normally. In healthy cells, the proteins eventually make their way from the cytoplasm into the cell's nucleus and, once there, help "instruct" the cell to carry out specific functions. The researchers observed that the proteins created by mutated SIK1 genes remained stuck in the cytoplasm.

While the finding sheds light on the biological mechanisms of these diseases, it may also guide treatment in the near future. The primary drug used to treat developmental epilepsy is adrenocorticotropic hormone (ACTH). However, the drug is ineffective in about 40 percent of cases. ACTH is also very expensive and has significant, including life-threatening, side effects. The hormone is known to regulate SIK1 levels. The new finding may enable researchers to better identify which individuals are more likely to benefit from the treatment.

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Study finds new genetic clues to pediatric seizure disorders

Health care workers rally at Sapperton Park

Health care workers and supporters rally for better funding in Sapperton Park, across the Royal Columbian Hospital, on Tuesday.

image credit: MARIO BARTEL/NEWSLEADER

A couple dozen health care workers and their supporters sacrificed their lunch hour on Tuesday to rally in Sapperton Park against funding cuts.

Their rumbling bellies likely werent lost on their colleagues toiling in Royal Columbian Hospital across the street.

The rally was timed to coincide with the anniversary of the expiration in 2014 of the Health Accord that ensured a steady annual increase in transfer payments for health care from the federal government to the provinces. The end of that agreement means those payments now increase by only three per cent annually instead of six per cent.

The decision by the Liberals to meekly accept what Ottawa was offering means that British Columbia could be losing as much as $5 billion in transfers over the next 10 years, said Judy Darcy, the NDP MLA for New Westminster.

Not getting that money has meant an erosion of services and an increased workload for health care workers, said Val Avery, the president of the Health Sciences Association, the union that represents 16,000 health care professionals in more than 250 hospitals and agencies.

Health care needs to meet the needs of everyone, she told the rally.

Darcy said she hears every day from constituents who are having trouble finding a family doctor or cant get access to primary health care.

Thats going to get worse, not better, she said.

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Health care workers rally at Sapperton Park

Health Care's New Social and Structural Transformation

In 334 B.C., Alexander the Great, having triumphed in Macedonia and Greece, visited Troy en route to his Asian campaign. Although we know he visited the tomb of Achilles (whom he had admired, like no other, since reading Homer as a child) with his trusted general and friend, Hephaestion, there is no significant recorded detail about his time there. However, knowing what we do about Alexander and his sense of predestination, it might well have gone something like this:

Alexander purposefully strode into the ruins of Achilles tomb, then suddenly stopped. He slowly turned his head from side to side, and then upward examining the eroding columns surrounding him, most no longer supporting any structures above. He then looked down at the rubble that the fallen stone lintels had become.

Strange, he uttered under his breath, then spoke audibly, strange this impermanence. It matters not what ones exploits, or what civilizations one might conquer. This was Achilles, the greatest warrior the world has ever known before now.

He looked up and over at Hephaestion, then back at one of the pillars, running his hand over the once polished, but now uneven and pitted surface one always has the sense that his physical form is impermanent, but it is obvious that the monuments erected in his favor, no matter how grand, or how sound are no different all goes to dust in time.

He patted one of two pillars still intact and sharing a supported structure above. He looked up again and smiled, my master Aristotle was a great admirer of trabeation this post and lintel form it was for millennia the strongest known structure, prior to the arch.

His brow then furrowed, and his countenance darkened. He leaned forward, placing his forehead onto his hand resting upon the stone, and no longer smiling, he whispered, you too; however, will fall.

Sure, I could have just said, nothing lasts forever, but it just seemed more powerful and dramatic to put the words into the mouth of someone who once conquered the world

Paul Starr, professor ofsociologyandpublic affairsatPrinceton University, and co-Editor of The American Prospect, wrote the book The Social Transformation of American Medicinein 1984 one that deservedly won the Pulitzer Prize for General Non-Fiction that year.

Starr described in great detail the pathway that the enterprise of health care had taken from the early nineteenth century up to that time from an informal home- and community-based undertaking, to a huge and powerful industry. Although written more than a quarter of a century ago, revisiting Starrs framework is helpful when one considers the massive sociologic change that is in process at this moment, and one that will change the health care delivery system like nothing that has come before even when one weighs against it things such as the accumulated mass of biomedical scientific discovery.

Starr suggests that the medical-industrial enterprise has been built, on another trabeative (pillar and lintel) structure. Consider two solid columns, holding up a large monolithic rectangular stone. One column represents Dependence, and the other, Legitimacy. The large lintel stone on top is Authority.

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Health Care's New Social and Structural Transformation