Mark, Do I take you to mean that not only do you not distinguish between services once they have been placed into the stream of commerce, you do not distinguish between services and goods?
-K On Sun, Feb 15, 2015 at 8:26 PM, Graber, Mark <mgra...@law.umaryland.edu> wrote: > Dear All: > > This goes back in time a bit, but I have had a busy weekend and wanted to > respond to those who wondered why I think the racist prostitute should be > subject to anti-discrimination laws. > > One feature of several rights is that we do not allow people to commodify > them, or at least commodify them in certain ways. So while people have the > right to vote, and may choose when exercising the right to vote may vote > only for persons of color (or white persons), we do not allow persons to > sell their right to vote. We think the reason people ought to have a right > to vote is justified by the same principle that supports forbidding the > right to sell the vote. > > Consider sex. One reason we think persons have a right to certain sexual > relationships is that we think government should not ban intimate > relationships. One reason many people think prostitution should be banned > is that intimacy is not the sort of good that should be bought and sold. > But now imagine we live in a world in which people have no problem > commodifying sex. The best reason for thinking this is that they do not > regard commercial sex as intimate behavior. They regard sex as more akin > to back rubs, and or ice cream, but of which are subject to > anti-discrimination rights. But if people do not think commercial sex is > intimate behavior than the main reason why we allow discrimination has been > rejected. > > In short, my claim is that if sex is just business, then sex is not > intimate, and only intimate relationships and actions should enjoy immunity > for anti-discrimination rules. > > MAG > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. >
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