Paul and the Private Parts: Bigots Not Only Ones Hurt by Bans on Discrimination

But before concluding that new infringements on liberty were necessary to remove the stain left by past infringements, consider some unforeseen consequences of the federal ban on private discrimination. The precedent has encouraged an assault on freedom of association, as illustrated by demands that private organizations such as the Boy Scouts, Christian student groups and online dating services adopt gay-friendly policies.

The blurring of the distinction between public and private property has invited a wide array of meddlesome regulations, ranging from bans on smoking in bars and restaurants to unfunded mandates requiring expensive renovations to accommodate customers in wheelchairs. As Paul noted, the "public accommodation" rationale even has been cited as a pretext for forcing business owners to allow guns on their property.

In upholding the ban on discrimination by places of public accommodation, the Supreme Court loosened constitutional restraints on federal authority, extending it to cover businesses with tangential connections to interstate commerce, such as a motel that serves travelers or an Illinois restaurant that uses Idaho potatoes. This absurd stretching of the Commerce Clause, usually applauded by progressives, has led to consequences even they do not like, such as federal restrictions on abortion and attempts to override state policies regarding medical marijuana and assisted suicide.

A broad license to interfere with property rights and freedom of contract inevitably deprives people of choices they value. Rand Paul deserves credit for pointing out that we cannot abridge the freedom of those we despise without endangering our own freedom.