Why Business SHOULD Be Allowed To Discriminate

Sean Edwards
For the New Christian Intellectual
3 min readNov 14, 2013

In early November, the Senate passed the Employment Nondiscrimination Act (ENDA).

This law would make it illegal for businesses to discriminate employment based on sexual orientation.

You can read more about it here:


This falls in line with many other Federal Equal Employment Opportunity (EEO) Laws dating back to the early 1960s.

These laws make it illegal for businesses to discrimination based on race, color, religion, sex, age, or disability, and they prohibit unequal compensation based gender.

You can learn more about them here:


If you have read any of my other writings, then you know I believe gay rights are included under individual rights.

People have the right to live their lives as they see fit, and because of that, I support many gay rights agendas.

However, based on the principles of equality that I have laid out in previous posts (The Role of Government), laws like ENDA, or the other EEO laws, posses no moral footing to exist.

They are in fact immoral.

Any employer and/or business owner has the right to run their business however they see fit, unless those choices activity violated the lives of another (through theft, assault, or murder).

The government has no right to interfere until the lives of others have been violated (again, see previous post: The Role of Government).

That is what keeps government moral.

Once the government steps in to regulate aspects of our lives beyond our protection, it has assumed an immoral power over the individual.

Its actions are philosophically no different than despotism or tyranny.

Some may argue that discrimination in the workplace “violates the lives of others,” because it keeps them from employment, but this is not true.

Employment is a voluntary choice.

You have the right to enter into employment or not.

There are always other jobs, even if they require more energy to find, or if you deem them unworthy of your labor.

Furthermore, employment opportunities exist because business owners and operators spend their lives and energy to establish them.

They created them, and they have the right to do with them as they please.

The government can only step in if a business uses forced labor or assaults their employees or clients.

That would violate the rights of others.

If a business owner wants to discriminate who they hire (or with whom they do business), they have that right, because it is their business.

We do not have a right to tell them how to run it.

Society should respond by doing business with someone else, not assuming authority it never had to tell another how to operate their business.

Though our intentions are noble, and we are attempting to fix a social ill when we pass laws like ENDA, or the other EEO laws…

Their passage erodes the very foundation of freedom upon which our country was established.

Freedom is destroyed slowly, one piece at a time, with arguments that initially appear to make sense.

Yet if we are not vigilant, we will awaken one day to find ourselves chains, and we will have no one to blame but ourselves.



Sean Edwards
For the New Christian Intellectual

Author and communication strategist with a passion for discussing philosophy and American politics.