NFL, Big Ten reviewing implications of Indiana religious freedom bill.

Wheat and Weed -- the Wheat case is particularly convoluted.

However, the reality of the era in which the CRA was written was that, in some cases, black persons couldn't effectively travel. Restrictions on where they could eat, hotels they could utilize, etc... all served to limit their ability to conduct basic commerce. Inasmuch as the government has a role in the market, it should be limited, I agree. I would take it a step further and say that it should be to regulate in such a way as to make the market more free. Even Adam Smith agreed that there was a role for government intervention with respect to, in particular, property rights. Once we agree with Adam Smith that there is a place for the intervention to remove distortionary actions (the sudden loss of property without recourse, for example), then it is not a big step to say that people should be treated fairly and equally (as persons) before the market. The goal of such regulation isn't to restrict the freedoms (the freedom to deny a person property is a freedom of some sort, just not one that meshes well with a civil society). The goal of such regulation is to ensure that each person can enjoy the fruits of their labor equally in the way they see fit...

The problem is that social-discriminatory behavior in the economy is inherently distortionary. It can be a significant drag on the economy, actually, and while a person may receive some disutility from being forced to serve a gay person, the pecuniary cost of allowing social discriminating practices of this sort is very real, and not just for that business but for the entire economy -- meaning you and me, also. This is based on the groundbreaking work of Nobel Prize winning economist Gary Becker.

I appreciate the fact that CRA is not without controversy from a Constitutional perspective. I also recognize, however, that due to the flaws of homo economicus free markets require modest regulation to work towards greater social and public welfare.

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