You may have heard that the government is forcing businesses not to discriminate. It isnt. If you chose to run a business, you have to follow the laws. If you dont, thats a choiceand you choose to suffer the consequences.
Still, in the wake of the controversy surrounding Indianas law, conservatives dont see it that way. Even potential Republican presidential candidates are getting in on the assertions. Rick Santorum recently said:
Rick Santorum said:
If youre a print shop and you are a gay man, should you be forced to print God Hates Fags for the Westboro Baptist Church because they hold those signs up? Should the governmentand this is really the case here should the government force you to do that? This is about the government coming in and saying, No, were going to make you do this. And this is where I think we just need some space to say lets have some tolerance, be a two-way street.
There are two problems with Santorums reasoning. The first is that a printer doesnt have to make such signs, under any law, because refusing to do so is not discrimination in any legally prohibited sense. A print shop can also refuse to print a poster that says, for instance, F*ck Rick Santorum, either because it disagrees with the language or the sentiment. Both are entirely legally permissible decisions any business can rightfully make.
But lets say the printer is asked to make a communion sign or a gay wedding sign. In this caseespecially in states that prohibit discrimination based on sexual orientation as well as religionrefusing to print such a sign would indeed be illegal. The government isnt forcing that business to do anything other than follow the law. Which is what we expect of all businesses, equally.
This issue of government force is a funny one. You could also argue that the government is forcing you to drive below the speed limit or wear a seatbelt in your car. But its not. There isnt a police officer holding a gun to your head literally forcing you to buckle up. In fact, you are 100 percent free to speed and not wear your seatbeltand simply deal with the consequences if youre pulled over. Is the threat of the fine for breaking the law amount to forcing you to follow the law? No.
And more to the point, the government certainly isnt forcing you to drive. If you dont like the speed limit and seatbelt rules, and dont want to be subject to the consequences of breaking them, then you can not drive. Whether to drive or not is your choice.