Dear All;
A late breaking news story on a unanimous decision by the California State Supreme Court on gay rights.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/18/BA2212D6H4.DTL&feed=rss.bayarea
http://tinyurl.com/6gmxvb
A lesbian couple had gone to a fertility clinic for artifical insemination. The doctors citing religious beliefs refused to do the procedure and sent the couple to another clinic. The State Supreme Court said - wrong decision Mr. Doctors.
The ruling means the doctors cannot use their religious beliefs as a defense to Benitez's claim that they discriminated against her because of her sexual orientation when her suit goes to trial. They can still argue, however, that they had religious objections to providing the infertility treatment to unmarried couples, whose rights under the anti-discrimination law were not clearly established when Benitez visited the clinic.
Now the contrary opinion would be a matter of property rights. The doctors in their business could assert as a property right as business owners they have the right to offer services to whomever they wish to offer services to. Just like landlords could rent to whomever they chose to rent to. Or restaurants serve whomever they wanted to.
As a weird example if a restaurant near the beach has signs up stating: No Shirt No Shoes No Service. Are they really discriminating against shirtless shoeless people if they discriminate against all those without shirts and shoes? Of course not.
As the old saying goes - government is the biggest enemy of property and property owners. AND as soon as you start to make exceptions because of ..... you have lost the Libertarian way.
Instead of all of the the anti-discrimination laws which you can not opt out of the law should be : Go ahead and discriminate to your hearts content - but - you have to publish the fact and post the fact that you are a discriminatory property owner and are against: race creed color religion sexual orientation families with kids etc and so on.
If you are going to discriminate then stand proud and tall and shout it out don't try and hide your light under a bushel basket. Have it in all your service agreements and rebtal agreements on your retail store door or clinic door. Be proud to discriminate. 
Ron Getty - SF Libertarian
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