‘Every one who receives the protection of society owes ... for the benefit ... a certain line of conduct towards the rest. This conduct consists ... in not injuring the interests of one another; or rather certain interests, which, either by express legal provision or by tacit understanding, ought to be considered as rights...
[S]ociety is justified in enforcing [this conduct of] ... those who endeavour to withhold fulfilment.’
So John Stuart Mill wrote in his ‘Essay on Liberty’ which, to this day, remains the best point of departure for classical liberal reflection about which forms of conduct and voluntary association should be permitted by law and which proscribed.
I was put in mind of Mill’s Essay by a brief news story in today’s Times. It concerned objections against the Sexual Orientation Regulations, recently introduced into Northern Ireland and shortly to be extended to mainland Britain, raised by the proprietor of a Bournemouth hotel that caters exclusively for homosexual and bi-sexual men.
These Regulations have been much in the news of late because of their likely impact on those Catholic adoption agencies that, because of the religiously informed moral abhorrence towards homosexual acts many Catholics share, will not place children with gay couples, being unable in good conscience to be complicit in causing them to be brought up in households where such acts are openly engaged in. The effect of the Regulations will be to force such agencies to cease discriminating against homosexuals in this fashion or else shut down.
The Bournemouth hotelier was opposed to the Regulations because they will also make it unlawful for hotels like his to discriminate against heterosexuals in the way they currently do. They too will be forced to close unless they cease catering only for homosexuals which is their whole point. Because they will have this effect, he considers the Regulations to discriminate against homsosexuals!
The Times reports that Stonewall, a gay-rights lobby group fervently in support of the Regulations, has dismissed the hotelier's objections, claiming that, in this matter, ‘equality is more important than the right to be exclusive’.
It was reading of its response to the hotelier's objections that put me in mind of Mill’s essay.
Will we, recollection of it made me ask myself, either as a society or as individuals, truly be better off by gay hotels and Catholic adoption agencies no longer being able to discriminate in favour of or against homosexuals, as they currently can?
Have homosexuals any interests so vital to their well-being as necessitate Catholic adoption agencies discontinue discriminating against them when considering with whom to place children? Have heterosexuals any so vital to theirs as would be imperilled by gay hotels continuing to be able to deny them accommodation?
For my part, I just cannot see any of either group does.
As well as such Catholic ones as do discriminate against homsexual couples seeking to adopt, many other such agencies do not. So those that do can hardly be said to deprive homosexuals of the opportunity to adopt, even should it be judged they have a vital interest in being able to.
Likewise, plenty of hotels don't discriminate against heterosexuals, so none of them will ever go short of board and lodging because some hotels do.
Rather than force all elements within civil society into a single unisex mould as the Regulations do, thereby reducing the diversity of life-styles available in society, a truly liberal one, that valued a liberal form of equality rather than an oppressive uniformity, would permit as many different experiments in living as were mutually compatible and did not imperil the vital interests of any of its members.
In short, the Sexual Orientation Regulations are deeply illiberal in spirit. As such, they merit the condemnation of all classical liberals, whatever be their sexual or religious orientation.
Comments (7)
Well said, Mr Conway. The desire of the PC Left to force everyone to conform to their ideological template is unsurprising, the willingness of the rest of us to be herded along in the name of 'fairness' (a cant term if ever there was one) is astonishing.
In a free society, the right of non-association is crucial. No one, citizen or state, should have the right to tell me who to admit to my home, who to serve or who to speak to. If it's my property, then my priciples apply, and if you don't like them you are free to leave.
The Marxist Left recognises no distinction between the public and private realm, a trait common to all forms of totalitarianism (Nazis and Islamists are the same). The malign consequences of allowing discrimination are far outweighed by the malign consequences of outlawing it. It is only by experimentation, pluralism and the exercise of individual freedom and conscience that we can progress as a society. The smothering of freedom is the road to serfdom.
Posted by Gordon Layton | February 5, 2007 1:19 PM
Posted on February 5, 2007 13:19
The only reason for this particular piece of misguided legislation is to pacify the gay lobby (to garner their votes), and to comply with the new political orthodoxy which is political correctness.
Forgive me if this sounds cynical, but the legislation in itself is a cynical act based on social engineering - left wing in style.
Posted by mike | February 4, 2007 12:56 PM
Posted on February 4, 2007 12:56
rhidian says "discrimination of people on the basis of their race is morally abhorrent, as it is on the basis of sexuality too."
I cannot see that this type of discrimination is any more abhorrent than discrimination on any other grounds, say, class, age, height, dress, culture or any other distinguishing feature. The truth is, we ALL discriminate according to our prejudices, and thus to attempt to criminalise certain thoughts is pointless and illiberal.This failure to accept that we can be disliked by others for any reason, logical or otherwise, is juvenile behaviour that prevents us from dealing with problems in an adult manner.If we are entitled to exclude others from our private homes, for any trivial or prejudiced reason,as we are, I cannot see why a hotelier should not choose who to give food and shelter to whosoever he chooses, either.The proper adult response to any such rejection is to look for an alternative, not to attempt to force others to "accept" you, contrary to their wishes and feelings.
Posted by SJR | February 2, 2007 8:15 PM
Posted on February 2, 2007 20:15
CH just repeats his/her argument against the Catholic church's stance and tries to demonstrate that they are wrong.
But whether or not they are wrong is beside the point. There is, presumably, a reason why the Catholic adoption agency was asked to place a child as opposed to any other adoption agency. Perhaps the birth parent(s) wanted them to organise the adoption as he/she/they trusted their judgement and values. Are you saying that the state is better qualified to judge?
Again you go on about obeying the law of the land if they take taxpayers money. If it's the law, what does taxpayers money have to do with it? If they can behave differently provided they don't take taxpayers money, then it's nothing to do with the law - it's to do with policy. I'm not saying that this is a bad thing, just that it's policy, not law.
Posted by HJHJ | February 2, 2007 3:48 PM
Posted on February 2, 2007 15:48
Is it acceptable for a small minority of hotels to refuse rooms to black people, because most hotels welcome them "and so none of them will ever go short of board and lodging"? No, because discrimination of people on the basis of their race is morally abhorrent, as it is on the basis of sexuality too. Your argument is basically that it is OK for some people to discriminate, as long as not too many people do.
Posted by rhidian | February 2, 2007 12:17 PM
Posted on February 2, 2007 12:17
CH entirely misses the point.
It is quite possible to be against the Catholic church's stance on adoption and yet to believe that they have the right to have their own beliefs and policy. You have posted good examples of where you feel they are wrong (and many of us may well agree with you). But they may weigh factors differently. So who are you or anyone else to impose your view on them (or indeed, vice versa)? Has the Catholic church, in this instance, tried to impose its view on other people and other agencies?
Your last two sentences are very confused. If it's the 'law of the land', there is an obligation to abide by it whether or not they take taxpayers money (I'm not commenting here on whether the law is correct). Otherwise you are saying simply that the government should deny them taxpayers money because of policy.
Posted by CH | February 2, 2007 10:06 AM
Posted on February 2, 2007 10:06
I disagree. And it is not for the benefit of gay people - it is for the benefit of the children.
There are many cases where gays are more appropriate than straight people to adopt. Here are some examples of that.
Kate Hilpern, who helps to place children in new homes, and was adopted herself, explains why the Catholic church is wrong. She is a
professional in this area - here is what she says;
“There are some circumstances where I’d say it was preferable for a child to be placed in a gay or lesbian household. One little girl, in
particular, springs to mind who had been severely sexually abused. It was agreed by all the professionals involved that she would
benefit from a two-parent family, but it was also felt that she would gain from slow, cautious reintroduction to men in her life. A lesbian couple rose to the challenge and the result was the emergence of a child with
hope for the future, against all odds. ”
***
There is also the “T Petitioner” case in Scotland from 10 years ago - a legal precedent has already been established that if a gay couple is more experienced and qualified than a straight couple, then, in the best interests of the child, the child should go to the gay couple.
In this case, a male gay nurse (who was in a long-term stable relationship) was given custody of a very severely disabled boy. Why?
Because NO available straight couple had the experience and understanding that this man had in dealing with very serious health problems in the severely disabled. He worked as a nurse caring for disabled children in a hospital and NO straight couple came even close to meeting and understanding this boy’s needs like this man did.
The judge ruled that the nurse should have this boy because it was in the BEST interests of the CHILD to do so. Religion and sexual
orientation do not come into it. That was the ruling.
As children in the Catholic adoption agency are not available outside of it, it deprives them of the best possible parents in some cases. The Catholic church's stance reduces an already small pool of adopters - there are NOT enough for all of the children, most of whom have a variety of problems.
The Catholic church would rather they rot in the system instead of getting a sensible solution as mentioned above. That is what happens to many of the children.
That is cruel to the children to deny them the best situation possible just because of dogma.
BTW the law allows for the Catholic adoption to be run as they want as long as they don't use public money.
It seems that Catholics will not put their money where their mouth is. If you take taxpayers money (including that of gays) then you MUST abide by the law of the land - period.
Posted by CH | February 1, 2007 10:31 PM
Posted on February 1, 2007 22:31