Just Because Liberals Call Something ‘Discrimination’ Doesn’t Mean It Actually Is

Mar 2, 2017 by Jill

by Ryan T Anderson, The Daily Signal:

The biggest problem with current sexual orientation and gender identity (SOGI) laws—including “Fairness for All,” which proposes a grand-bargain compromise between SOGI laws and religious liberty—is that they do not appropriately define what counts as discriminatory.

As I explain in a new report for The Heritage Foundation, “How to Think About Sexual Orientation and Gender Identity (SOGI) Policies and Religious Freedom,” these are the laws that are being used to shutter Catholic adoption agencies, fine evangelical bakers, and force businesses and public facilities to allow men into women’s locker rooms.

The problem is that liberals are calling anything they dislike “discrimination.” But liberals are getting it wrong. To illustrate this, consider several different cases of putative “discrimination.” The law must be nuanced enough to capture the important differences in these cases.

Racially segregated water fountains were one form of discrimination that took race into consideration—in a context where it was completely irrelevant—and then treated blacks as second-class citizens precisely because they were black. The entire point was to classify on the basis of race in order to treat blacks as socially inferior.

As a result, such actions were rightly described as invidious race-based discrimination, and—given the entrenched, widespread, state-facilitated nature of the problem—they were rightly made unlawful.

Read here