On Immigration and Outlawry

By any objective measure, the immigration system in the United States is a joke. Current estimates find at least 11 million illegal aliens living in and working in the United States. There is a possibility that the real figure is significantly higher, given the fact that criminals do not normally volunteer to tell census takers about their criminal exploits.

If one needs any more proof that American immigration policy is a logical mess built on wobbly legs of moralism, then one need look no further than the current controversy over DACA. Deferred Action for Childhood Arrivals, which produces so-called DREAMers, is nothing more than warmed-over pablum about each new arrival making America more “American.” The Left fights for illegal immigrants and their children because Hispanics and Asians, who make up the majority of America’s immigrant population, are among the most solidly Democratic voters in the country. Mainstream Republicans tend to favor “amnesty” or “immigration reform” because their corporate overlords have an unending appetite for cheap labor. The mushy middle either keeps silent or pretends to support DREAMers and other illegal aliens simply because they do not want to look like the “bad guy.”

Curtailing illegal immigration is a public safety issue. Contrary to establishment media propaganda, illegal and legal immigrants are overrepresented in American crime statistics. They are nine percent of the U.S. population overall, but make up about 27 percent of the federal prison population. It is also a cultural issue that directly weakens the original American promise of liberty. Freshly arrived immigrants and well-established immigrants both use welfare at higher rates than the native-born. 48 percent of all immigrant households are on some kind of welfare. Hispanic immigrants alone use 73 percent of this 48 percent share. Such welfare dependency expands the vampiric state, and in turn promotes the continuance of anarcho-tyranny (more on that shortly). Such a state will never voluntarily shrink itself; therefore, the more immigrants America has, the more the American Leviathan will expand and consume.

Illegal immigration has helped wages for working-class Americans to either stay the same or decrease since the 1970s. These Americans, many of whom have failed to get the stamp of approval of the neoliberal world order that is known as a college diploma, the opportunities for ascending the economic ladder have virtually become null and void. This is a direct suppression of economic liberty via the coercive force of the state and its unwillingness to enforce its own laws.

Finally, curtailing illegal immigration means protecting the unique heritage of the United States. America is not a “proposition nation,” nor can such a thing really exist, despite all of the starry-eyed propaganda to the contrary. America and its culture can be traced back to the English Reformation of the 16th century. New England received the rebellious Puritans, who dissented from the Stuart’s practice of the divine right of kings and the supposedly godless idolatry of the “popish” Anglican Church. Virginia on the other hand became the home of Englishmen from the Vale of Berkeley, a part of old, Anglo-Saxon England with a strong tradition of slavery and hierarchical social relations. Subsequent waves of Scots-Irish, French Huguenot, and German Protestants added to this English culture, thus creating a firmly Anglo-Celtic and Protestant nation by the 18th century. The Declaration of Independence and the Constitution did not make America; these failed pieces of paper merely tried to document a culture and a people that already existed. This culture is precious and should not be beholden to the whims of transnational corporations or academic aristocrats who control the moral economy.

A true libertarian alternative to America’s broken immigration system would emphasize the concept of outlawry. This pre-modern designation, along with attendant penalties, would not only help to decentralize border enforcement, but it would also prioritize punishments for those individual aliens who enter the United States illegally and who commit crimes against people and/or property. By branding illegal aliens who also attack Americans as outlaws, enforcement would fall to local jurisdictions, not to the monolithic federal government.

Anarcho-Tyranny

The term anarcho-tyranny was first coined by paleolibertarian writer Samuel T. Francis. According to Francis, this is a state of affairs in which real crimes are not policed, while innocents are tyrannically controlled. Francis’s concept echoed the wisdom of 18th century conservative Edmund Burke, who noted that “Society cannot exist unless a controlling power upon will and appetite be placed somewhere, and the less of it there is within, the more of it there must be without.”

When it comes to state-enforced multiculturalism, freedom of association is curtailed under the auspices of keeping the peace. Ingrained tribal prejudices must either be shamed out of existence or injected with happy drugs. Christian bakers must create wedding cakes for gay couples so that the neoliberal state maintains the consent of homosexual voters. Americans who exercise the right of self-defense in some states have to deal with the prospect of police officers invading their homes and confiscating their guns because someone claimed that they were crazy. All of these are examples of anarcho-tyranny in practice.

Anarcho-tyranny can be seen when Antifa and Black Lives Matter agitators are allowed to riot while the Unite the Right demonstrators faced down riot police after suffering the slings and arrows of the control-left. Every violent protest in recent memory could have been put down with extreme prejudice against radical leftists, but the police almost invariably hang back either because they do not want to be called “racist” or because their superiors told them to give the rioters room to blow off steam. (When they do not hang back and instead form and hold a protective line, events tend to remain nonviolent.) These decisions not only cost private businesses and business owners millions of dollars (when was the last time that violent protestors in America seriously attacked state buildings?), but they also directly oppress law-abiding citizens. After all, what does the state do better; capture real criminals or harass individuals exercising their liberty?

When it comes to illegal immigration, the state has the money and resources to enforce existing immigration laws. It simply refuses to do so because it is in its rational self-interest to behave in this manner. A multicultural society with low trust levels between citizens is the ideal state for those who seek to create statism. When neighbors do not trust each other or do not even interact with each other, each threat, real or perceived, becomes the job of outside forces, namely the police. What this does is remove the responsibility of personal and communal defense from individuals, thus further legitimizing the idea that the state is the only entity that has a right to use violence.

The Concept and Practice of Outlawry

In pre-modern societies, outlaws were those individuals or families who directly threatened the security or private properties of the community. Since these communities managed their own security and made their own laws, they had a very visceral idea of why branded outlaws were dangerous.

In ancient Greece, organized thievery was considered a somewhat legitimate way of earning money. Later Balkan cultures (for instance Serbia) relied on bandit warriors named hajduks in order to resist Ottoman Turkish control. British Marxist historian Eric Hobsbawm would later characterize the hajduk figure as an “invented tradition”—a masculine folk hero that lived outside the cloying strictures of both Turkish and official Serbian rule.

The ancient Romans did not take the Greek view of banditry. The Roman Republic considered outlawry to be the antithesis of Roman virtues like Industria (industriousness) and Severitas (self-control). The later Roman Empire similarly took a dim view of outlaws. The punishment for banditry was fierce—all outlaws became “non-persons” and were barred from maintaining or earning Roman citizenship. Furthermore, outlaws, which were known in Latin as latrones, faced the threat of losing all property rights, crucifixion, or being used as animal bait during gladiatorial games.

Several famous outlaws struck against Rome, thus showing why the Senate and the Caesars took outlawry so seriously. Between 147 and 139 BC, Viriatus, a Lusitanian sphered led a rebellion against the Roman government. After surviving praetor Servius Sulpicius Galba’s massacre of the Lusitani, Viriatus swore revenge and created a peasant army in what is today Portugal and Spain. Viriatus’ army initially had the upper hand during the Lusitanian War, especially when Celtiberian tribes decided to join his cause. Ultimately, Rome crushed the insurrection by renewing the war after Viritaus agreed to a peace with Fabius Maximus Servilianus. Servilius Caepio bribed war-weary Lusitani emissaries with a money and peace if they assassinated Viriatus, which they did. Rome would rule Hispania until the 5th century AD.

In the medieval world, outlaws continued to plague private citizens as well as the state. In medieval England, outlaws were those individuals who were considered “outside of the law” (hence “outlaw”). These individuals had been accused of crimes in court, and if they failed to appear before a local judge, the sheriff was sent to get them. Robin Hood is the most famous outlaw of this period. In the late medieval courts, outlaws were those who committed treason, rebellion, or murder. A special writ of capias utlagatum could be issued by the Crown or Common Pleas. In these instances, sheriffs could seize the property of outlaws, which was then forfeited to the Crown.

As recounted in the work of Michel Foucault, pre-Enlightenment Europe disciplined all outlaws and criminals very publicly. For instance, in 1757, Robert-Francois Damiens, a domestic servant who tried to kill King Louis XV, was drawn and quartered by the command of the king. Such punishments seem ghastly to us today, but that is only because the Enlightenment took a completely radical approach to the entire concept of criminality.

Thanks to social reformers like Jeremy Bentham and others, crime became something that could be cured, or, at the very least, hidden away from society. This idea of criminality as something “antisocial”—as something against the mass of individuals that make up so-called society—led directly to the growth of the impersonal penal state. Rather than be punished and made to perform restitution by the Crown or the process of common law, modern-day outlaws are institutionalized by prisons that operate very much like schools and hospitals. In essence, outlaws are still those who go against the wishes of the state, but the modern state sees it as its duty to try and rehabilitate these criminals. Of course, the government seizes money from private citizens in the form of taxes in order to carry out these hare-brained designs.

For A New Outlawry

Officials in the modern state have no real conception of interpersonal violence because the state is not controlled by a small set of private individuals. The state is a monstrosity that moves forward with its own internal logic, regardless of which political party is in power. In order to reclaim any sense of liberty in the modern world, America must embrace the pre-modern sense of security and responsibility as primarily the province of local communities.

Rather than rely on labyrinthine state and federal laws that only seem to allow repeat offenders to constantly cross back and forth between borders, a more sane alternative would simply brand those illegal immigrants who commit serious crimes as outlaws, seize their property (if they have any), deny them the possibility of ever obtaining American citizenship, and force them to pay restitution to their victims.

Furthermore, like the “civil death” doctrine of medieval Europe, immigrant outlaws should face the wrath of the civilian population. Rather than promote further statism through the use of federal agents or local law enforcement, private individuals should be able to take the reins of enforcing immigration laws. In preparation for a stateless society (or at least a society that does not fit the current definition of the neoliberal state), free associations of individuals should be tasked with not only securing their properties and the border, but should be authorized to apprehend outlaws and bring them to court.

As dangerous as these laws may sound, they at least would show that this country and its people take immigration laws seriously. Similarly, so long as illegal immigrants only fear deportation, they will consistently break American laws in order to get on American welfare or to work for better wages in this country than elsewhere.

Physical Removal

Hans-Hermann Hoppe argues that culturally destructive forces like Marxism, both economic and cultural, should be physically removed from libertarian societies in order to guarantee the survival of liberty, free association, and voluntary transactions. Continued illegal immigration is clearly a threat to America’s precarious liberty, and as such should be met with a form of physical removal. This removal should be accomplished by private citizens or groups of private citizens.

First and foremost, the police, in the words of Robert Taylor, “do not exist to protect you, defend private property, or maintain the peaceful order of a free society.” Taylor further notes that the primary function “is to make sure that the state’s exploitation of the public runs as smoothly as possible.”[1] Therefore, security should become a private affair. This includes enforcing the law against illegal immigrants who directly threaten communities.

Criminal illegal aliens should answer for their crimes in front of the communities that they have injured. As Hans-Hermann Hoppe writes:

“Families, authority, communities, and social ranks are the empirical-sociological concretization of the abstract philosophical-praxeological categories and concepts of property, production, exchange, and contract. Property and property relations do not exist apart from families and kinship relations.”[2]

There is no need for a government corrective here. Immigrant criminals, many of whom come from countries where socialism is the norm, not only carry the possibility of political warfare (in the form of voting for or giving a raison d’etre for anti-liberty statists), but they expressly threaten the organic unity of American families through violence. As ever, the democratic state can grow from the chaos of illegal immigration, and as such, stopping criminal aliens without the overview of the state is one way of circumventing state power.

Objections

Such a draconian proposal is certain to meet with objections from both the political mainstream and from left-libertarians, so let us attempt to address some of the most likely criticisms. First, left-libertarians consistently make the argument that open borders are the only truly libertarian solution to the problem of state power and statism. However, as has already been noted in this publication, “maintaining a distinctive culture is a good reason to restrict immigration.” Of course, immigration has economic benefits, but all libertarians should ask themselves whether immediate economic benefits are worth the cost of potentially dissolving any chance for a libertarian social order. After all, Taylor correctly notes that the left-libertarian case for open borders often conflates state with nation. He notes that “the state is artificial, arbitrary, and coercive,” but calls a nation “a national identity, protected by borders.”[3] This is healthy and natural so long as private property rights on the border are respected.

Another possible libertarian criticism of the entire concept of national borders is the problem of state coercion, namely the fact that immigration laws are fundamentally about states using force to welcome or remove private individuals based on sloppy thinking or criteria that seems highly flexible and dependent on the whims of Washington bureaucrats. An answer to this criticism can be found in the words of Murray Rothbard, who summarized why libertarians should never overlook the fact that “nation” is a category separate from both “state” and “individual.” Rothbard writes:

“Contemporary libertarians often assume, mistakenly, that individuals are bound to each other only by the nexus of market exchange. They forget that everyone is born into a family, a language, and a culture. Every person is born into one or several overlapping communities, usually including an ethnic group, with specific values, cultures, religious beliefs, and traditions. He is generally born into a country; he is always born into a specific time and place, meaning neighborhood and land area.”[4]

To ignore this is the height of political autism.

A third criticism is that implementing outlawry encourages murder. The plan described above only labels unrepentant, determined aggressors as outlaws, and killing aggressors is defense, not murder. Furthermore, anyone who tries to kill an outlaw but instead ends the life of a non-outlaw would be guilty of premeditated murder and thus subject to life imprisonment or capital punishment, thus providing a strong deterrence against overzealous outlaw hunters.

Finally, the most likely objection to this plan is that it would lead to vigilante justice, but in a sense, that is precisely the point. And is not vigilante justice preferable to anarcho-tyranny? A world wherein outlaws are chased down is better than a world wherein immigrant criminals rape and murder, get deported, then rape and murder some more before being thrown into a money-making machine run by the state.

Conclusion

The outlaw solution would encourage communities, towns, and counties to mobilize their independent resources to protect their own people from the threat of criminal illegal aliens. If a serious crime is committed, then these localities could extract just punishment from the criminals without feeding into the state’s prison system. Outlawry not only takes away the state’s monopoly on violence; it is also preferable to any open or quasi-open borders situation wherein wanted and unwanted immigrants used public roads and public property that once belonged to private individuals.

The concept of outlawry as a way to combat illegal immigration may only be feasible in a truly libertarian state. However, certain measures could be put in place at present that could dramatically change the on-the-ground reality. Namely, the rise of border militias like the Minutemen is a positive development. America should go further by abolishing the Border Patrol and replacing it with private security agencies that have to answer to those citizens who own the land on the American border. Unlike federal employees, these private agents could be fired for doing a poor job and/or for colluding with Mexican drug cartels.

Illegal immigration has not only helped the cause of “Brazilification” in America, but attendant criminality is a direct threat to all private citizens, their properties, and their freedom of association. Given this reality, criminal illegal aliens who return to the United States after being arrested, convicted, imprisoned, released, and deported should be treated as outlaws and should face the possibility of death for impinging upon American liberty. This proposal has the added benefit of legitimizing decentralized power structures in the face of anarcho-tyrant state.

References:

  1. Taylor, Robert (2016). Reactionary Liberty. CreateSpace Independent Publishing Platform. p. 125.
  2. Hoppe, Hans-Hermann (2001). Democracy – The God That Failed: The Economics and Politics of Monarchy, Democracy, and Natural Order. Transaction Publishers p. 203.
  3. Taylor, p. 221.
  4. Rothbard, Murray. Nations by Consent: Decomposing The Nation-State. Journal of Libertarian Studies 11:1 (Fall 1984). https://mises.org/library/nations-consent-decomposing-nation-state-0

The Definition and Role of Degeneracy

The formation and maintenance of a stable social order requires widespread recognition and respect of the first principle of self-ownership, as well as its direct corollaries of non-aggression and private property rights. Although these three ideas are necessary, they are not sufficient for describing how people should behave in order to preserve such a social order against both internal decline and foreign conquest. It is in the discussion of proper behavior beyond the basics of libertarian theory that the right-libertarian in general and the libertarian reactionary in particular will use the term ‘degeneracy.’ This term and the concepts it represents are effective and powerful when utilized correctly, but many right-libertarians do not do this. Instead, they use the term as a snarl word to signal against and denounce particular behaviors, as well as insult the people who engage in those behaviors. Though this may have beneficial effects, it is not nearly as potent as a proper explanation and denunciation of harmful behaviors. Thus, it is necessary to synthesize a useful definition of degeneracy. Once this is done, we will explore the nuances of our definition and apply it to relevant situations and behaviors.

Defining Terms

Though dictionaries are rarely capable of providing the full understanding of a word, they are an excellent place to start. Merriam-Webster defines degeneracy as “sexual perversion” and degenerate as “having declined or become less specialized (as in nature, character, structure, or function) from an ancestral or former state,” “having sunk to a lower and usually corrupt and vicious state,” “one degraded from the normal moral standard,” and “having low moral standards; not honest, proper, or good.” From here, we get a sense of degeneracy as immorality, which entails corruption of good into evil, decline from greatness, lack of virtue, and loss of capability. Thus, the opposite of degeneracy encompasses the maintenance of good against evil, the restoration of greatness, the presence of virtue, and the growth of capability. These are the essential features of a stable social order, more simply known as civilization. Therefore, we may also define degeneracy as “that which is not conducive to civilization.”

Though the above definition is thought-provoking and superficially correct, it is lacking in nuance and depth. As such, it is necessary to unpack each part of the definition of degeneracy and define some of the terms used in the definition in order to better understand the concept. Let us do this now.

Sexual Immorality

Sexual perversion may appear to stand apart from the other aspects of degeneracy described above, but in many cases, it is at the root of all of them. Understanding degeneracy as “that which is not conducive to civilization” and strong family units as the building blocks of civilization, the role of sexual perversion becomes clear. Activities which prevent, replace, destroy, or otherwise interfere with healthy relationships between mating couples threaten the formation of new family units as well as the health of existing families. These include (but are not limited to) fornication, excessive masturbation, homosexuality, pedophilia, bestiality, spousal abuse, adultery, and no-fault divorce.

The former five behaviors prevent the intimate relationship between husband and wife by replacing it with something else; a premarital relationship, a self-indulgence, a same-sex relationship, a relationship with a child, and a relationship with a member of another species, respectively. The result of these behaviors is that less family units will form, which in turn leads to lesser quantity of offspring and a less healthy environment for the offspring that are produced. If these behaviors become sufficiently widespread, the next generation will be too small to replace the previous generation. Such a society cannot sustain itself and will either be demographically replaced or suffer a collapse. Furthermore, the acceptance of such behaviors in public presents a signalling hazard for heterosexuals, who need to be able to have close relationships with other people without being mistaken for the aforementioned deviants. The widespread acceptance of such deviancy weakens the bonds that are necessary for building a strong community.

The latter three behaviors destroy or otherwise interfere with a healthy bond between husband and wife. Spousal abuse does this by introducing physical harm, while adultery does this by introducing emotional harm and by weakening trust. Finally, no-fault divorce allows couples to dissolve their bonds too easily rather than keeping their commitments to each other and supporting each other during times of hardship. The result of these behaviors is that the family units that form will be less likely to survive, leaving children to deal with the damage, choose sides between their parents, and wonder if they are to blame for the misdeeds of their parents. The children raised in broken homes are more likely to commit crimes, be less productive, and engage in the degenerate behaviors that they witnessed while growing up.

Other Low Standards

The second aspect of degeneracy to consider is low moral standards beyond sexual immorality. This produces a lack of honesty, propriety, and goodness, which in turn produces corruption and viciousness. Dishonesty, when practiced against people who are not committing acts of aggression, usually constitutes fraud. Though some libertarians restrict their consideration of force to physical violence, there is no logical justification for this. In practice, widespread dishonesty will both overburden the dispute resolution mechanisms of a society as well as reduce the level of trust in those institutions to act impartially. Thus, interpersonal violence and other such vigilantism will increasingly become the preferred method of arbitration. The end result is a breakdown of social order.

A lack of goodness refers to a complete lack of concern for one’s fellow human beings for the purpose of this discussion. While a welfare state invariably devolves into its own form of degeneracy through the subsidization of bad behavior and inferior people, a free society may venture too far in the other direction, practicing complete selfishness and financial narcissism rather than a rational thought process for determining which people are worthy of assistance. It is precisely this lack of goodness, combined with the general unwillingness to physically remove problematic people, that creates the conditions for welfare statist demagogues to step in and seduce the masses with their lies. Though such demagogues may themselves be physically removed from a libertarian social order, one cannot physically remove an idea, and the idea of forced redistribution of property will linger in the minds of the disaffected until they act upon it. There is thus a stark choice between private charity, welfare statism, or bloodshed, and the maintenance of a libertarian social order requires that people make the correct choice.

In this case, impropriety refers to rude behavior that does not rise to the level of aggression, dishonesty, or selfishness. This includes everything from excessive profanity to the violation of cultural mores and taboos solely for the sake of doing so. When people use profanity excessively, it can turn off people who would otherwise be receptive to one’s message by conveying the appearance that one is uneducated, undignified, perpetually angry, and generally unfit to be considered as a worthy intellectual. Similarly, if people come to associate libertarianism or reaction with behavior which is transgressive without purpose, then they will recoil against them and turn toward their better-behaved political rivals. (And are not reactionaries supposed to be against such activism as a matter of principle?) Additionally, a successful social order requires the positive establishment and observance of good cultural norms more than revolt against bad ones. After all, those who have nothing to stand for can fall for almost anything.

Degeneracy As A Process

A third aspect of degeneracy is the corruption of good into evil. The above examples mostly describe end states, but degeneracy in practice is a process. One does not typically become degenerate overnight; instead, vices which may be fun or even beneficial in small amounts come to play an ever greater role in one’s life, such that they ruin one’s physical, mental, and spiritual health. This occurs in several stages, which are generally described as introduction, experimentation, regular use, problem or risky use, dependence, and mental disease. The latter three categories may always be described as degenerate, as it is here that harm always outweighs benefit and widespread use would not be conducive to civilization. However, some behaviors have no benefit that outweighs their harm, so regular use, experimentation, and even introduction may be degenerate in some cases.

At this point, it is necessary to make an important observation. Due to the differences in genetics and life experiences between both individuals and population groups, there are some activities which are on the margins between degeneracy and benign behavior. For three examples, a person with an unpleasant family life is more likely to advance from occasional drug use to substance dependence. A person who is genetically predisposed to chase after losses rather than accept them is more likely to become a problem gambler. A population group that adapted to a long-term r-selective environment is less likely to suffer ill effects from weaker family units than a population group that adapted to a long-term K-selective environment. In sum, that which constitutes degeneracy for some may not constitute degeneracy for others. But there exist some behaviors which are degenerate for all, as there are some activities for which there is no safe or beneficial level of participation.

Economic Decline

Finally, degeneracy may be understood in a economic sense. The result of the above forms of degeneracy leaves people unable to function as well as they otherwise could. In an advanced society, the division of labor is necessary because no one can gain the amount of knowledge necessary to be a master of all trades. This means that a worker must become more skilled and more specialized than in a primitive society. The effects of degenerate behavior upon one’s health make one less capable of thinking at a high level and performing skilled labor. The longevity of a person’s working career will also be negatively impacted. As discussed earlier, children raised outside of traditional family structures are less likely to do well in school and work. Dishonesty manifests in the economy as fraud, whether by lying on resumes, misrepresenting one’s goods and services, or simply failing to perform the job that one is hired to do. Lack of goodness has a similar effect, as capitalism will degenerate into the service of greed if the people using capitalism have no motivation to use it to help others. Finally, impropriety leads to a lack of professional etiquette toward customers as well as needless tensions within the workplace. The practical result of widespread degenerate behavior on the economy is thus an overall economic decline.

Conclusion

The basics of self-ownership, non-aggression, and private property are necessary for the creation and maintenance of a libertarian social order, but they are not sufficient. The concept of degeneracy supplements these basics by providing an understanding of the behaviors which must be minimized in order to prevent the decay of a libertarian social order back into statism. Though a libertarian must recognize the right of a person to do oneself wrong, toleration should not equal acceptance or encouragement, and the failure to acknowledge group interests is a sign of political autism. Furthermore, even with the absence of public property, there will still be such a thing as “in public” because there will still be spaces that function as commons for the purpose of social interaction. The traditional solution of disallowing deviancy in these spaces will solve many of the problems that weaken the bonds between people, which are the building blocks of a stable social order.

Eleven observations on the Orlando shooting

At 2:00 a.m. on June 12, a terrorist who pledged allegiance to the Islamic State attacked a gay nightclub in Orlando, Fla., killing 49 people and injuring 53 others. Police later killed the shooter during a hostage standoff. The attack was the deadliest mass shooting by a single gunman in U.S. history, the deadliest incident of violence against LGBT people in U.S. history, and the deadliest terrorist attack in the U.S. since the attacks of September 11, 2001. Eleven observations on this incident follow.

1. A gun-free zone is a victim disarmament zone. The Pulse nightclub was a gun-free zone. But criminals are defined by the fact that they disregard laws as well as the wishes of private property owners. As such, the only people who would have a gun in a gun-free zone would be government agents and criminals (but I repeat myself). Mass shooters usually choose gun-free zones to attack, as they know that they will almost certainly not be facing citizens who can shoot back.

2. Politicians will never let a crisis go to waste. Before the dead bodies were even cold, leftists predictably began calling for tougher gun control measures. To politicize a tragedy and use it to put emotion above reason and evidence is par from the course for those who seek to expand the power of the state and curtail individual rights. Like other mass shooters before him, this gunman was undeterred by the background checks which are in place, as he had no felony convictions, no domestic violence convictions, no restraining orders against him, no dishonorable discharge from the military, was not a fugitive from justice, was never committed to a mental institution, and was not denied a firearm purchase by mistake. No measures that have been proposed would have disarmed the shooter without also disarming many innocent people.

3. Internal conflicts that are irreconcilable predictably lead to violence. The shooter was both gay and Muslim. The Quran condemns homosexuality, and some schools of Islamic jurisprudence support capital punishment for it, especially those linked to terrorism. As such, the shooter had a belief that an aspect of his being that he could not change made him worthy of death or other severe punishment. Those who think so lowly of themselves are unlikely to think highly of others, especially others who share that aspect of one’s being. Those who think lowly of themselves and others are far more likely to commit violent crimes than those who have a healthy sense of self-respect and respect for others.

4. Government has not solved this problem because it cannot. Governments are effective at destroying other centralized entities. If there is a physical target that can be bombed or a living person that can be exterminated, states are usually able to carry out those acts. (Of course, they frequently go overboard with their bombings and killings, which motivates more people to become terrorists, but statists rarely care about this, as prolonged war is prolonged health of the state.) The regimes of the Taliban and Saddam Hussein quickly fell after the U.S. military invaded their respective lands. But in their wake came decentralized enemies in the form of anti-occupation insurgents, online jihadist recruitment, and home-grown lone-wolf terrorists. These have proven impossible for governments to stop. After all, governments, with their bureaucratic red tape and intrinsic inefficiencies, must be correct every time in order to prevent all terrorist attacks. Islamic jihadists, with their ability to remotely recruit and train new terrorists anywhere in the world, need only be correct once to carry out each attack. When governments do catch such terrorists, they must do so either through a legally dubious entrapment scheme or by catching the terrorist after an attack has been carried out. Even these arrests sometimes occur after private citizens find terrorists who evade government agents.

5. Even if governments could stop terrorism, it would not be in their interest to do so. If the War on Terrorism were won, then the rationale for police statism and massive military spending would vanish. If the War on Terrorism were lost, then the state would fail at the one job that it is supposedly solely capable of performing, namely keeping its people safe. The ideology of Islamic terrorists disallows a draw, so the only other option is an endless war.

6. Part of the solution is division, not unification. People cannot peacefully coexist with people who want to kill them. If people cannot peacefully coexist, then they need to separate. It makes perfect sense for an LGBT establishment to ban known adherents of a religion that considers LGBT people to be fair targets for killing. But governments interfere with the private property rights and freedom of association of their citizens by enforcing laws against discrimination, thus preventing people from taking necessary and proper measures to ensure their safety.

7. Some religions are more dangerous than others. There are many religions which call for violence against non-believers as well as violence against people who engage in certain sexual practices, even if those practices do no harm to anyone who is not a willing participant. But in the contemporary world, Islam has a disproportionate percentage of followers who believe that such violence is legitimate.

8. In the digital age, dead men can still tell tales. The shooter was radicalized in part by videos made by Anwar al-Awlaki, a pro-terrorism imam. Although Awlaki was killed in a drone strike in September 2011, his videos live on at various locations on the Internet. As such, killing recruiters for terrorism is no longer sufficient to stop them.

9. A backlash is likely to follow. Just as far-right anti-immigrant movements gained ground following the Paris attacks and the Brussels attacks, they are likely to do so again, especially with the rise of Donald Trump. Although the shooter was born in New York and raised in Florida, his parents immigrated from Afghanistan. His father is a well-known Taliban sympathizer who holds anti-American and anti-LGBT views. In a sense, it is worse for a person born and raised in a country to commit a terrorist attack there than for an immigrant to do so, as it suggests a fundamental incompatibility between cultures.

10. The terrorist has blood on his hands, but so does the American government. The American government allowed the shooter’s parents to enter the country despite their own radicalism, banned discrimination, conducted an interventionist foreign policy that motivated terrorists like this one to retaliate, and failed to stop him despite knowing that he was a threat. While the ultimate responsibility for evil acts falls upon those who commit the acts, there is a vicarious responsibility upon the American government for taking actions which made the attacks possible and likely.

11. Terrorism cannot be solved by more terrorism. Merriam-Webster defines terrorism as “the use of violent acts to frighten the people in an area as a way of trying to achieve a political goal.” Oxford defines terrorism as “the use of violence and intimidation in the pursuit of political aims.” A government is a group of people who exercise a monopoly on the initiation of force within a geographical area. In other words, a government uses violence and intimidation to keep its population obedient and manage external threats to its operation. This leads to an important truth that few wish to speak: every government is a terrorist organization. For decades, Western nations have attempted to defeat Islamic terrorism with more terrorism in the form of military interventions, to build Western democracies among populations whose cultures are incompatible with such an apparatus, and to arm one faction against another even though such weapons frequently fall into the hands of the most evil and destructive groups. What Western leaders fail to realize is that in the irrational game of Middle East politics, the only winning moves for them are to withdraw from the game or to knock over the board.

A Glossary of Social Justice Warrior Terminology

The use of language by social justice warriors frequently departs from both the dictionary definitions and the common understanding of words by most of the general population. As such, a guide to social justice warrior speech may be helpful to the layperson, along with commentary about how their uses of words relate to reality. This will take the form of an informal and potentially humorous glossary, which will not be exhaustive due to some terms being understood in the same manner by social justice warriors and the layperson, and due to the continual invention of new terms. This glossary will focus on how such terms are used in practice rather than how social justice warriors might define them in theory.

Ableism
(noun): any criticism or negative sentiment that affects people with disabilities, regardless of validity.
Ablesplaining
(verb): condesplaining by a able-bodied person to a disabled person. See Condesplaining
AFAB/AMAB
(abbreviation): assigned female/male at birth. This tends to be a statement of biological reality concerning people whose brains do not conform to said reality.
Ageism
(noun): any criticism or negative sentiment that affects young or old people, regardless of validity.
Agesplaining
(verb): condesplaining to a person of a different age. See Condesplaining
Agender
(adjective): a person who identifies with no gender. Usually (but not always) a denial of biological reality.
Anti-Semitism
(noun): any criticism or negative sentiment that affects Jewish people, regardless of validity.
Appropriation
(noun): the use of parts of a culture by someone who does not identify as a person from that culture. Although appropriation has been responsible for the spread of new and better ideas and technology throughout the world, social justice warriors view appropriation as problematic.
Bigender
(adjective): a person who identifies as a mixture of two genders. Usually (but not always) a denial of biological reality. See Intersex
Bigotry
1. (noun): any criticism or negative sentiment that affects a group which is said to lack privilege, regardless of validity. See Ableism, Ageism, Homophobia, Racism, Sexism, Transphobia.
2. (noun): a combination of prejudice and power.
Brocialism
(noun): the belief that socialism will result in gender equality.
CAFAB/CAMAB
(abbreviation): coercively assigned female/male at birth. A term used by social justice warriors for an intersex child who is assigned a gender by parents and/or doctors.
Cisethnic
(adjective): a person who identifies with the ethnicity indicated by their externally observable features. This is usually a sign of a healthy mind.
Cisgender
(adjective): a person who identifies with the gender indicated by their externally observable features. This is usually a sign of a healthy mind.
Cisplaining
(verb): condesplaining by a cisgendered person to a transgendered person. See Condesplaining
Condesplaining
(verb): the act of a person said to be privileged explaining something to a person said to be oppressed in a manner believed to be condescending. In practice, there need not be anything inappropriate or condescending about said explanation.
Consent
(verb): to agree to participate in an activity, especially activity of a sexual nature. Consent cannot be given when someone is intoxicated, unconscious, or has been threatened or manipulated into compliance, but social justice warriors only recognize this if a female is in such a condition.
Content Warning
(noun): an alternative to trigger warnings which was created because some people complained that a trigger warning is itself triggering. See Trigger Warning and Triggering
Dangerous
(adjective): See Problematic
Derail
(verb): to divert a discussion from its intended topic. This is frequently done by social justice warriors through a variety of means, including accusations of bigotry, unchecked privilege, etc.
Discrimination
(noun): the expression of any less-than-favorable preference toward a person or group believed to be less privileged or more oppressed than oneself, regardless of validity.
Econosplaining
(verb): condesplaining by a wealthier person to a poorer person. See Condesplaining
Essentialism
(noun): the idea that people, objects, and ideas can be identified based on externally observable features. Although this is empirically true, social justice warriors consider this idea to be problematic.
Ethnocentrism
(noun): the idea that one’s own culture is superior to others. This is viewed negatively by social justice warriors, even if it is factually justified.
FAAB
(abbreviation): See AFAB
Feminism
(noun): the idea that women should have the same rights and privileges as men without having the same responsibilities and drawbacks.
Gender binary
(noun): the idea that there are only two genders; male and female. This is viewed as problematic by social justice warriors, despite being a biological truth (with the notable exception of intersex people).
Gender equality
(noun): the belief that people should receive equal treatment and not be discriminated against on the basis of gender. Frequently accompanied by a denial of inherent biological differences between the genders.
Gender identity
(noun): a person’s internal sense of gender. This may or may not be in alignment with biological reality.
Genderfluid
(noun): a gender identity that changes over time. No biological basis for such an identity exists in humans.
Genderqueer
(noun): an umbrella term for gender identities other than male and female. See Third gender
Hate crime
(noun): a crime said to be motivated by bigotry against some aspect of the identity of the victim, such as race, religion, sexual orientation, gender, or disability. Most social justice warriors deny the possibility of hate crimes against people who are said to be privileged.
Heterosplaining
(verb): Condesplaining by a heterosexual person to an LGBT person. See Condesplaining
Hijra
(adjective): see Third gender
Homophobia
(noun): any criticism or negative sentiment that affects homosexuals, regardless of validity. Note: Most social justice warriors deny the possibility of bigotry against heterosexuals, due to their belief that bigotry is a combination of prejudice and power.
Internalized oppression
(noun): a term used to denounce a member of a group said to be oppressed who deviates from social justice ideology. Variants include internalized racism, internalized misogyny, internalized homophobia, etc.
Internalized superiority
(noun): a term used to denounce a member of a group said to be privileged who deviates from social justice ideology.
Intersectionality
(noun): the social justice warrior method for analyzing the various privileges or oppressions that a person may experience. This creates the progressive stack.
Intersex
(adjective): a person who is born with genitals which are not male or female, but something in between. While a legitimate concern, social justice warriors spend relatively little time addressing it.
Kyriarchy
(noun): see Intersectionality
MAAB
(abbreviation): See AMAB
Manarchism
(noun): the belief that social anarchism will result in gender equality.
Mansplaining
(verb): condesplaining by a man to a woman. See Condesplaining
Men’s rights activist (MRA)
(noun): any man who rejects social justice dogma, especially of the feminist variety.
Microaggression
(noun): any activity that makes a social justice warrior uncomfortable. In reality, there is no such thing as a microaggression because the law of excluded middle requires that an act be either aggressive or non-aggressive.
Misogyny
(noun): any criticism or negative sentiment that affects females, regardless of validity. Note: Most social justice warriors deny the possibility of sexism against men, due to their belief that bigotry is a combination of prejudice and power.
Neutrois
(adjective): See Agender
NTsplaining
(verb): condesplaining by a neurotypical person to a neurodivergent person. See Condesplaining
Oppression
1. (noun): discrimination at the group or societal level. See Discrimination
2. (noun): see Microaggression
Other
1. (noun): the idea that other people and groups are distinct beings different from oneself, even if they are not believed to be inferior.
2. (adjective): a person or group recognized as distinct from oneself.
3. (verb): to place another person or group into the position of an Other. This is generally a useful way of dealing with social justice warriors, as well as some of the more delusional types of people mentioned in this glossary.
Otherkin
(adjective): a person who self-identifies as a non-human. Otherkin are either one of the most delusional types of people given consideration in social justice ideology or trolls who are faking it to make fun of social justice warriors.
Patriarchy
(noun): a system of male dominance that suppresses non-masculine traits and behaviors. This is considered to be problematic by social justice warriors, even if such a system is formed voluntarily and proves more successful than other forms of social organization.
Policing
(verb): to reprimand a person who is not acting in accordance with social justice ideology, regardless of validity.
Polysexual
(adjective): a synonym for bisexual used by people who reject the gender binary.
Power
1. (noun): a person’s perception of one’s ability to influence outcomes to meet one’s needs and wants.
2. (noun): the ability to make decisions that affect another person
3. (noun): control of societal institutions
Prejudice plus power
(phrase): the social justice warrior standard for bigotry. This leads them to deny possibilities such as anti-white racism, misandry, heterophobia, cisphobia, and other bigotry against groups said to be privileged.
Pride
(noun): the celebration of a non-cisgendered identity or non-heterosexual orientation, despite the fact that having such an identity or orientation is innate and not an accomplishment.
Privilege
(noun): the sum of the advantages (or lack of disadvantages) that a person or group has, regardless of whether those advantages are innate, legitimately earned, or illegitimately taken.
Privsplaining
(verb): See Condesplaining
Problematic
(adjective): that which is at odds with progressive or social justice ideology, regardless of truth value. This glossary would be considered highly problematic.
Progressive stack
(noun): an arbitrary and capricious method used to decide how privileged a person is relative to others. Often referred to by non-SJWs as the Oppression Olympics. See Intersectionality
Questioning
(adjective): a person who is unsure of one’s gender identity or sexual orientation.
Racism
(noun): any criticism or negative sentiment that affects minority racial groups, regardless of validity. Note: Most social justice warriors deny the possibility of racism against white people, due to their belief that bigotry is a combination of prejudice and power.
Rape culture
(noun): the belief that brutally victimizing women while they scream for help is considered to be socially acceptable.
Reactionary
(adjective): See Problematic
Safe space
(noun): a location where emotionally unstable and/or immature people who are upset may gather to receive comfort and counseling for the traumatic experience of being exposed to a mere difference of opinion.
Self-identification
(noun): the idea that one can choose one’s identity, regardless of empirical facts.
Sexism
(noun): see Feminism. Note: Most social justice warriors deny the possibility of sexism against men, due to their belief that bigotry is a combination of prejudice and power.
Shaming
(verb): to suggest that degenerate behavior has negative consequences and should therefore be discouraged. Social justice warriors consider this to be problematic.
Shitlord
(noun): a person who engages in problematic speech and/or behavior.
Sizesplaining
(verb): condesplaining by a “normal-sized” person to a person widely perceived to be too small or large. See Condesplaining
Social construct
(noun): an idea created and developed in society. While a valid concept, social justice warriors misuse this concept to reject a priori truths.
Stereotype
(noun): a fixed image about a person or group that collectivizes them and denies their individuality. Social justice warriors tend to reject these unless they concern people said to be privileged, but they tend to ignore the fact that stereotypes frequently have a basis in reality.
Straightsplaining
(verb): See Heterosplaining
SWERF
(abbreviation): sex-worker exclusionary radical feminism. Some social justice warriors meet this description, while others find the concept to be problematic.
SWETERF
(abbreviation): See SWERF and TERF
TERF
(abbreviation): trans-exclusionary radical feminism. Some social justice warriors meet this description, while others find the concept to be problematic.
Thinsplaining
(verb): See Sizesplaining
Third gender
(adjective): a distinct gender that is neither male nor female. No biological basis for such an identity exists in humans.
Transabled
(adjective): a person who does not identify with the ability/disability indicated by their externally observable features. This is usually a sign of an unhealthy mind, and may lead a person to alter one’s externally observable features in an effort to make them resemble that of one’s ability identity.
Transethnic
(adjective): a person who does not identify with the ethnicity indicated by their externally observable features. This is usually a sign of an unhealthy mind, and may lead a person to alter one’s externally observable features in an effort to make them resemble that of one’s ethnic identity.
Transgender
(adjective): a person who does not identify with the gender indicated by their externally observable features. This is usually a sign of an unhealthy mind, and may lead a person to alter one’s externally observable features in an effort to make them resemble that of one’s gender identity.
Transphobia
(noun): any criticism or negative sentiment that affects transgender people, regardless of validity. Note: Most social justice warriors deny the possibility of bigotry against cisgendered people, due to their belief that bigotry is a combination of prejudice and power.
Trigger Warning
(noun): an advisory that following content may upset emotionally unstable and/or immature people.
Triggering
1. (adjective): content may upset emotionally unstable and/or immature people.
2. (verb): to engage in communication which may upset emotionally unstable and/or immature people.
Two-spirit
(noun): see Genderfluid
Verbal violence
(noun): the nonsensical idea that speaking words can inflict physical harm upon someone.
Victim blaming
(verb): to suggest that people have some responsibility for their own well-being and self-defense.
Whitesplaining
(verb): condesplaining by a white person to a person of color. See Condesplaining
Xenophobia
(noun): any criticism or negative sentiment that affects people who are different from oneself, regardless of validity.

Charlotte City Council Takes A Stand Against Liberty

On February 22, the Charlotte City Council approved an expansion of its anti-discrimination ordinance by a 7-4 vote. It will be forbidden by law as of April 1 for places of housing and public accommodation (such as stores, restaurants, bars, and taxis, but not public schools) inside Charlotte city limits to refuse service to LGBT people on the basis of their sexual orientation, gender identity, and/or gender expression. The ordinance already forbids discrimination on the basis of age, gender, race, and religion. More controversially, the ordinance allows transgender people to use the restroom or locker room of their choice, depending on whether they identify as male or female.

In March 2015, proposed changes to the anti-discrimination ordinance without the restroom provision failed by a 5-6 vote. Since then, two new council members were elected, both of whom voted to support the changes. The expanded ordinance is the first of its kind in North Carolina.

Governor Pat McCrory and House Speaker Tim Moore have spoken of “legislative intervention to correct this radical course,” which would occur when the legislature’s next scheduled session begins in late April. The North Carolina General Assembly has ultimate power over municipalities and can strike down all or part of any local ordinance.

Most opposition to the ordinance changes comes either from religious freedom arguments or from concerns that pedophiles and other sexual predators would take advantage of the ordinance to gain entry to women’s facilities or men’s facilities with children in them in order to commit sexual crimes. Supporters of the ordinance changes claim that such fears are not borne out in available evidence and that transgender people are currently at risk of being attacked in restrooms and locker rooms.

While all establishment media attention is focused on the LGBT rights, religious freedom, and potential crime aspects of this event, no attention has been given to a secular argument against this measure on the grounds of private property and freedom of association. When a government decrees that private property owners who run a business within their property must serve people despite their individual preferences not to do so, this is both a violation of private property and a form of forced association. (This is no surprise of course, as private property rights and freedom of association both require anarchy, and we are far from that as of this writing.) While we may decry certain forms of discrimination as ignorant bigotry, this is no excuse for asking the state to initiate the use of force against people to turn their private properties into de facto common spaces simply because they reject civil standards of values and/or have legitimate safety concerns.

The correct action to take, if any at all, is to speak out against and socioeconomically ostracize people who disagree with one’s strongly held positions on issues. In a free market, bigots are punished because they relinquish customers and employees who have the traits against which the bigot is prejudiced as well as customers and employees who are sufficiently offended by said prejudice to ostracize the bigot. This is more than a linear relationship, as those who cannot or will not obtain goods, services, and employment from the bigot will be likely to do so from other providers who are not bigoted rather than do without. This will not only impoverish the bigot, but enrich his competitors. The eventual result is that bigots cannot compete with those who are not bigoted, and must either renounce their bigotry or go out of business.

Unfortunately, seven members of the Charlotte City Council have decided that granting special privileges is more important than protecting private property, freedom of association, public safety, and freedom of religion.

The Not-So-Current Year: 2015 In Review

Though the specific demarcation of the passage from one year into another is a rather arbitrary social construct, it does provide a useful annual period for self-examination and remembrance. Now that 2015 has entered the history books, let us take a look back at a year’s worth of essays and review the not-so-current year.

In December 2014, an assassination of two NYPD officers prompted many libertarians to signal hard against the use of force against agents of the state. I decided to argue the opposing case. The harassment of the Meitiv family by Child Protective Services prompted another such article. Julian Adorney resolved that good government police exist, and I responded by explaining why this is impossible. I used another NYPD incident to argue that when government agents and common criminals fight, we should pull for no one. When Tremaine Wilbourn killed a police officer during a traffic stop in Memphis, Tenn, I wrote a list of observations on the event which mostly follow the aforementioned articles.

Many libertarians praise decentralization, and rightly so. But it is neither good nor evil in and of itself. It can be used for good or evil ends, and I explored the latter.

On Burns night, I observed that a proper haggis was unavailable in the United States and found that as usual, the state is to blame. Staying on the subject of food, economically illiterate researchers blamed Walmart for causing obesity, and I explained why this is fallacious.

The 70th anniversary of the liberation of the Nazi death camp at Auschwitz gave cause to examine how such an atrocity could be carried out without the state. The answer, of course, is that it would be all but impossible.

Entering February, I allowed my cynicism to wax to the point of formalizing it as a razor. It could use more detailing and strengthening, which is a project for a later time. I used the razor to explain why the Obama administration might want to disarm elderly people.

Alleged Silk Road creator Ross Ulbricht was convicted on February 4 and sentenced on May 29. I made lists of observations on both of these occasions. Some people were none too happy with the state’s treatment of Ulbricht, and their displeasure got them in hot water. This occasion also merited a list of observations.

The movie American Sniper did well at the box office, but a metaphor therein was left incomplete. I decided to complete the analogy of sheep, sheepdogs, and wolves by adding farmers of human livestock to the mix.

A video by Stefan Molyneux about two different types of statists compared them to warriors and wizards. I made the case that countering the state requires libertarians to be both character classes at once.

Ron Paul made a video appearance at the International Students For Liberty Conference, but some attendees decided to interrupt this by reading an open letter to him which was filled with leftist entryist nonsense. I wrote an open letter against them which gained wide recognition and helped run some of the people involved out of libertarian circles. It remains one of my proudest moments as a writer.

At the end of February, Republicans tried to use brinkmanship to force spending cuts, which failed miserably due to their track record of caving at the last minute. I wrote a list of observations on the event.

On March 9, I published my most popular article to date, which is also one of my most shallow, choir-preaching works. The correlation between the two can be most depressing at times. At any rate, here are 25 statist propaganda phrases and some concise rebuttals.

Several commenters have told me that I am at my best when I provide a sound defense for an idea that most people find to be outrageous. I did this several times in 2015, defending the killing of innocent shields in certain circumstances, the proliferation of nuclear weapons, letting Iran develop a nuclear deterrent, and the replacement of democratic elections with jousts to the death.

I went on a rebuttal streak in the spring of 2015. President Obama proposed that voting be made mandatory, and I argued the case against this. Michael Eliot argued that a violent revolution is not the correct strategy for creating a free society, and that the use of methods such as seasteading will be more successful. I explained why this is false. Walter Block argued in favor of Rand Paul’s presidential campaign, and I demonstrated why he is not a good choice. Austin Petersen effectively made a case against libertarianism itself, and I rebutted it.

Paul Krugman delivered some rather standard talking points about public goods, and I showed why they are wrong. I revisited the subject later in the year.

Rolling Stone decided to go ahead with a completely false story about campus rape, and did nothing beyond wrist-slapping to those involved in creating and editing the story. They also defended the ideas behind the story, with which I took great issue. Another sex-related story occurred on April 21 when the head of the Drug Enforcement Administration resigned due to a prostitution scandal that occurred on her watch. I explained why we should not be surprised, and should actually expect more of such behavior. The purity spiral of campus feminism has grown to such an extent that even left-wing feminist professors are not immune. Rape accusation culture struck once more at Amherst College, and the victim took the university to court.

Baltimore police officers arrested Freddie Gray, who died one week later as a result of injuries sustained during the arrest. Riots ensued, and I wrote a list of observations on the event.

Charles Murray published a book detailing a novel strategy for fighting the regulatory state: overwhelm it with civil disobedience, create a legal fund to defend victims of regulation, and start treating government fines as an insurable hazard. I argued that this would fail, but that it needs to be tried anyway.

The prohibition of excessive bail and fines, as well as cruel and unusual punishment, is a much-revered part of the United States Constitution. I argued that it should not be.

Dylann Roof carried out a mass shooting at a black church in Charleston, and I wrote a list of observations on the event.

Late June is Supreme Court season, and they delivered at least two bad decisions in 2015. First, they ruled very narrowly in favor of raisin farmers, but left the rights-violating practice of eminent domain intact. Then, they crammed same-sex marriage down the throats of all Americans.

Litecoin exchange rates suddenly spiked in early July. I took an educated guess at why, but it ended up being pure speculation.

Turmoil in Greece threatened to boil over into a default or even a Grexit. I took a deep look into the situation and concluded that only anarchy can fix the problems there.

Two seemingly disparate stories concerning Planned Parenthood and the ongoing conflict in Ukraine had a common thread: there is no such thing as non-lethal aid to an organization that conducts lethal operations.

I wrote a three-part series about fascism and communism in America, as well as how a nation can be both. Although I lated discovered that Lawrence Britt does not appear to be a real person, I found the 14-point list of fascist characteristics to be sound, so I did not revise the article.

A problem which is frequently cited as a reason why we must have a state is the problem of pollution. I dealt with the issues of water ownership and pollution in order to show why the state cannot solve the problem of pollution.

In one of my more controversial articles, I argued that Vester Flanagan, the man who murdered a reporter and a cameraman in Roanoke, Va., was a model social justice warrior. Examiner decided to pull it for offending their audience, but you can find it here.

Everyone knows that the Libertarian Party is not exactly a bastion of excellent strategic thinkers. I decided to offer them help, and a response to my essay advocating an alternate strategy is also worth reading.

Liberty Mutual created a series of advertisements that air regularly in my area, and they are full of economic fallacies. They annoyed me enough to dedicate an article to debunking them.

Reservation scalping occurred at Disney World restaurants, which outraged many people. I applied Walter Block’s reasoning for defending ticket scalpers to argue against the outrage.

September 11 always brings about discussions on security. I argued that there can be no such thing; only temporary and imperfect protection from particular dangers.

The term ‘cuckservative’ arose from alt-right circles to describe those who are insufficiently conservative, selling out their constituents, and/or acting against their own rational self-interests. I created the term ‘cuckertarian‘ to describe a similar problem among libertarians. Another problem with the libertarian movement that I addressed is the embrace of hedonism when libertarianism only requires that we not use aggressive violence to stamp out non-violent degeneracy.

After several years in prison for tax resistance, Irwin Schiff passed away. I wrote a list of observations on the event that gained praise from his son Peter.

I belatedly refuted Matt Zwolinski’s six reasons for rejecting the non-aggression principle. I had meant to do so when he published his piece back in April 2013, but other work took precedence and it languished in development hell. Next, I dealt with Youliy Ninov’s arguments against anarcho-capitalism in what is my most verbose article to date.

Islamic terrorists attacked Beirut and Paris on November 12 and 13, respectively. I wrote a list of observations on the events.

Many libertarians misunderstand immigration and borders, so after several pro-open-borders articles published in quick succession by other authors, I tried to set them straight.

Black Friday is revered by most libertarians as a celebration of free-market capitalism. I explained why this reverence is somewhat misplaced.

Robert Dear attacked a Planned Parenthood facility in Colorado Springs, Colo., killing three people and wounding nine others. I made the case that although the use of force against Planned Parenthood is defensive in nature, it is frequently impractical and counterproductive.

The success of the Donald Trump presidential campaign, as well as growing support for it in libertarian and reactionary circles, led me to examine the phenomena. I concluded that Trumpism is not a libertarian form of reaction, though we may have some common enemies.

My final article of 2015 addressed the common phrase ‘give back to the community.’ In short, it is communist nonsense that must be rejected.

I began work on another case against a constitutional amendment, but it was not completed for publishing before the end of 2015, so it will appear first in next year’s review.

All in all, it was an interesting year full of occasions to make sharp libertarian arguments. May 2016 bring more of the same. Happy New Year!

Why libertarians should oppose Obergefell v. Hodges

On June 26, the Supreme Court announced its decision in the case of Obergefell v. Hodges, which decided whether same-sex marriage is a constitutionally guaranteed right. The justices decided by a 5-4 vote that “The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.”

The majority opinion was delivered by Justice Anthony Kennedy and was joined by Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor. Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia, and Clarence Thomas each filed a dissenting opinion, each of which was joined by Scalia and Thomas.

This development has been hailed as a victory for human liberty by many libertarians, but there is a strong case to be made that it is not. Let us examine the reasons why Obergefell v. Hodges is actually anti-libertarian and detrimental to gay rights.

1. This decision was a top-down, authoritarian approach which will prolong the conflict rather than resolve it. Rather than allow public opinion on the issue to continue the course toward recognition of same-sex marriages, as was happening, the Supreme Court stepped in and forced recognition of same-sex marriages upon the governments of all 50 states. Curiously, it was Justice Ginsburg who said in 2013 that Roe v. Wade, the case that established abortion rights, “seemed to have stopped the momentum on the side of change.” Ironically, she is now part of a decision which is likely to have a similar effect.

2. The federal government is now in the business of defining what should be a private institution. By inserting itself into the same-sex marriage issue, the Supreme Court has assumed for the federal government the power of determining what does or does not constitute a marriage, a power to be found nowhere in the enumerated powers of the federal government. The problem that state governments were interfering with the right of freedom of contract is not solved by having the federal government do so in a way that does not abolish such interference.

3. This decision does not create a fundamental right to same-sex marriage, but rather a government-granted privilege. The decision requires states to license same-sex marriages and to recognize marriages licensed in other states. But a license is actually antithetical to a fundamental right. A system of licensing actually means that an activity is prohibited unless the licensor grants permission, and that the source of legitimacy for an activity is the licensor rather than providence or logic. (And what makes the licensor legitimate?) Now that the federal government has assumed for itself the power to define marriage, this power could just as easily be used for the purpose of attacking homosexuals in the future, should the political winds change. After all, the government that is powerful enough to give you what you want is also powerful enough to take what you have.

4. This decision furthers the illusion that government is a protector and guarantor of liberty. Government cannot be a protector and guarantor of liberty because it violates liberty by its very operation, but this is not news to any consistent libertarian. But to a gay person who has gained many protections and privileges as a result of this decision, government can certainly seem to be benevolent and the democratic process can certainly seem to be a path to liberty. Whatever good this decision may do will ultimately make government more palatable to some people, which will make it harder to eliminate.

5. Freedom of religion and freedom of association will come under attack next. While the majority opinion does say, “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned,” it is silent on the issue of whether people will be able to continue to act upon such advocations, convictions, and precepts. This leaves open the possibility that churches and businesses will be forced to participate in and cater to same-sex marriages, and this is already being advocated in the sort of indirect manner that the government would have to use (and does routinely use) in order to evade constitutional restrictions on its power. We also know that governments are fundamentally opposed to freedom of association because they force their citizens to associate with the state. And while current tax laws would not allow for a church to lose tax-exempt status for opposing same-sex marriage, the IRS is notorious for breaking its own rules or enforcing them very selectively.

6. These attacks will cause a backlash. When people are forced to associate with other people against their will and forced to condone practices which they find to be abhorrent, they tend not to respond well. Those whose freedom of religion and freedom of association are attacked when these rights are pitted against the newfound “right” to a same-sex marriage will become more homophobic, not less. Not only that, but this new degree of homophobia will be justifiable because rather than disliking homosexuals because an ancient text says they should, they will now be disliking homosexuals for using state power to commit acts of aggression against them, such as forced labor. This will help to prolong rather than resolve the conflict, as per point #1.

7. This decision expands government handouts. Some of the most pervasive arguments against liberty take the following form: “It would be nice if Evil X were not present, but that is the way things are and will be for the foreseeable future. Therefore, we should have Evil Y as well to ameliorate the ill effects of Evil X.” And of course, it never stops there. There will be some Evil Z proposed to ameliorate the ill effects of Evil Y, and so on until an imprisoning web of evil is spun. But the truth is that two wrongs cannot make a right. The answer is not to support Evil Y, but to work tirelessly and exclusively toward the goal of ending Evil X. Unfortunately, many libertarians seem not to have recognized this on the matter of government benefits for married couples. In this case, Evil X is government involvement in marriage, Evil Y is the extension of government benefits to same-sex couples, and Evil Z is some combination of increased taxation, national debt, and currency debasement, as this is how all increases in government spending are funded.

8. What good this decision has done for same-sex couples could have been done better by other means. It is certainly true that governments have interfered with the rights of homosexuals to freedom of contract, as well as many other protections that opposite-sex couples have. But these rights violations could have been ended by less authoritarian means, such as challenges to the individual laws that deny these protections as well as the creation of alternative institutions to overcome government failures. From a libertarian standpoint, many of the protections that opposite-sex couples have should be abolished rather than extended further, and those which a free society should respect would be better provided through voluntary competition than through the dominance of nine people in black costumes.

An open letter against an open letter to Ron Paul

Dear Aarón Shelby Baca, Mackenzie Holst, and Cory Massimino,

I would have liked to have prefaced this letter by pointing out that it is written not to condemn its recipients, but in the hope that its recipients might gain a better understanding of the freedom philosophy and of human liberty. Unfortunately, the numerous misquotations you have made as well as the anti-libertarian positions you have taken in your letter do not allow me to do this.

There is not so much an age gap in the libertarian movement as an ideological gap. This is nothing new; the thick versus thin debate has been going back and forth for decades, as have the debates between a rational versus an empirical understanding of libertarianism and a deontological versus a consequentialist ethical framework. Most recently, there has been a debate between what Jeffrey Tucker has termed humanitarianism versus brutalism. While it is true that “millennial” or “second-wave” libertarianism is not going away, to call “old-guard” or “first-wave” libertarianism obsolete simply because it is older or because it can accommodate viewpoints which are politically incorrect and/or antisocial constitutes a logical fallacy.

Let us examine the accusations you made of “racist, homophobic, and sexist undertones present in [the] writings” of Lew Rockwell, Hans Hermann-Hoppe, Walter Block, and Ron Paul. (I will not defend Gary North, as I agree that he holds many positions which are antithetical to libertarian philosophy and therefore do not consider him to be a libertarian.)

You note that Rockwell has compared the lives of people living under modern nation-states to chattel slavery. Whether this analogy offends anyone has no bearing on its truth value, and a reference to slavery does not have obvious racist undertones because there have been many instances throughout human history of slavery which was not race-based, some instances in the antebellum United States included. As for the truth value of this analogy, human farming theory goes a long way toward confirming it.

Hoppe wrote that “it is societies dominated by white heterosexual males, and in particular by the most successful among them, which have produced and accumulated the greatest amount of capital goods and achieved the highest average living standards.” This is an empirically observable historical fact. Facts are not racist, sexist, or homophobic, even if they concern results which could be partially attributed to such discrimination. After this, you take Hoppe out of context. When he says, “There can be no tolerance toward those habitually promoting lifestyles incompatible with this goal. They-the advocates of alternative, non-family-centered lifestyles such as, for instance, individual hedonism, parasitism, nature-environment worship, homosexuality, or communism-will have to be physically removed from society, too, if one is to maintain a libertarian order,” he is talking about the conditions inside of a covenant community whose residents have decided to use their private property rights and freedom of association to set standards of conduct inside of that community. These are not the conditions which would necessarily prevail throughout the entirety of a libertarian social order. There is no reason why another covenant community made up of individual hedonists, parasites, nature-environment worshipers, homosexuals, or communists would not be able to exclude people who do not agree to their standards of conduct. At issue is not puritanism, homophobia, or religious intolerance, but private property rights and freedom of association, neither of which can be rejected without committing a performative contradiction.

You have also misquoted Block once and taken him out of context twice. First, he did not say, “Feminists and gays aren’t libertarians.” He said, “[M]ost feminists are not libertarians, and neither are most gays,” which implies that some feminists and some gays are libertarians. He goes on to oppose rape and defend the rights of women to be armed so that they can protect themselves from rapists. Then, he defends the Stonewall Riots as gays acting in self-defense against aggressors. This is far from an instance of misogyny and homophobia.

Second, his full context is, with your quote in bold, “Consider a boy aged seventeen or over, where this the statutory cut off point between adults and children. The very idea of him joining the North American Man Boy Love Association, and engaging in sex with adult men, is personally repulsive to me. But as a libertarian, I have to realize that only coercive acts against such a youngster should be punishable. Not non-coercive ones. If a seventeen year old is an adult, and voluntarily wants to have sex with an adult homosexual man, I may not like it. I may be revolted by it. But gays too have rights. They should not be put in jail for consensual behavior with adults of a young age. The exact same situation should obtain for heterosexuals. That is, it should be legal for a 17 year old girl to engage in sexual relations with a male of any age, given this cut off point.” He is not being homophobic at all, but is questioning the wisdom of age-of-consent laws as they currently stand. One could even argue that he is defending gay rights more so than almost anyone else, as NAMBLA is an organization that almost no one else would touch with a ten-foot pole.

Third, his full context is, with your quote in bold, “Here, there is of course no question of legally prohibiting these actions; as we are evaluating them according to a very different standard. But still, it is of great interest how we view them. Just because a libertarian may refuse to incarcerate perverts, it does not mean he must remain morally neutral about such behavior. So, do we favor or oppose? Support or resist? Root for or against? In this dimension, I am a cultural conservative. This means that I abhor homosexuality, bestiality, and sadomasochism, as well as pimping, prostituting, drugging, and other such degenerate behavior. The basic theme…of libertarianism is that all non-aggressive behavior should be legal; people and their legitimately held private property should be sacrosanct. This does not mean that non-aggressive acts such as drug selling, prostitution, etc., are good, nice or moral activities. In my view, they are not. It means only that the forces of law and order should not incarcerate people from indulging in them.” Each person is entitled to an opinion about personal conduct, and one may disagree with Block if one chooses. One may even consider him to be a bigot. But one’s personal views on such behaviors are separate and distinct from libertarianism as long as no force is being used to impose one’s personal views on other people.

Finally, you accuse Block of racism simply for wondering whether the disparity between blacks and whites were the result of socioeconomic disparities and historical injustices towards blacks or “lower black IQ’s.” To be inquisitive is not racist. And again, facts, whatever they may be, are not racist, even if they concern results which could be partially or fully attributed to racism. I say “whatever they may be” because white slave-owners had a significant amount of power to decide which black slaves were bred together from the beginning of race-based slavery in the colonies in 1662 until the abolition of chattel slavery in 1865, and it was in their self-interest to try to breed physically superior and mentally inferior slaves. It is impossible to know exactly how effective their efforts were because these results cannot be separated out from the results of unequal educational opportunities and socioeconomic disparities.

Finally, there is Ron Paul. There are certainly many contents of the newsletters bearing his name which are indefensible, and allowing such content to go forth with his name on it does not speak well of his judgment, attentiveness, or management skills. But to blame him completely for this rather than whoever wrote the offensive content is tantamount to blaming the owner of a stolen car for a fatal accident caused by the car thief who sped away in it. You incorrectly quote Paul as having told the Dallas Morning News in 1996, “Given the inefficiencies of what DC laughingly calls the criminal justice system, I think we can safely assume that 95 percent of the black males in that city are semi-criminal or entirely criminal.” This was an excerpt from the newsletters, not something that he told the Dallas Morning News.

You say, “Liberty cannot exist if individuals of any group are viewed as inferior, whether it is outright, or merely in the connotations of an argument.” The only way for no individuals of any group to be viewed as inferior without such a view being false is for all people to be equal and for all opinions to be equally valid. This is logically impossible. People are not, cannot, and should not be equals. Each of us has our own strengths, weaknesses, interests, and disinterests. These are capable of making one person objectively more capable than another, or people who share a certain characteristic objectively more capable than people who share a different characteristic. This does not mean that such people have more logical rights than others, but it could mean that they are able to acquire more private property rights and thusly have more influence in society. As for the idea that all opinions are equally valid, all one must do to disprove this idea is to have the opinion that all opinions are not equally valid and show the resulting contradiction.

While Mises identified tolerance as a fundamental value of a free society, he was speaking of liberalism, not libertarianism. Libertarianism is a philosophical position on what constitutes the legitimate use of force. It says that initiating the use of force is never acceptable and using force to defend against initiatory force is always acceptable. It must also be noted that there is a difference between acceptance and tolerance. Libertarianism does not demand that we must have positive feelings toward every person or group of people (acceptance); it only demands that we never initiate the use of force against them to stop them from living peacefully (tolerance). Pitiful, wasteful, and unpleasant though it may be, people may use liberty “to assert their individual preferences, to form homogeneous tribes, to work out their biases in action, to ostracize people based on politically incorrect standards, to hate to their heart’s content so long as no violence is used as a means, to shout down people based on their demographics or political opinions, to be openly racist and sexist, to exclude and isolate and be generally malcontented with modernity, and to reject civil standards of values and etiquette in favor of antisocial norms,” if they so choose. To call such ideas “evil” is an assertion made without logic or evidence and may therefore be dismissed without logic or evidence.

You say that the purpose of your letter was “never to insult or belittle the influence of leading figures of liberty,” but its content trumps your intent. You say that your goal was “to address issues that push away people who would otherwise support our ideas if it wasn’t for certain people with problematic histories and those who espouse disenfranchising ideologies,” but this is a double-edged sword. There are people who currently support libertarianism who would stop doing so were it to become a logically inconsistent hodge-podge of political correctness rather than a rigorously rational approach to understanding what constitutes preferable behavior. After all, if they may not exercise their private property rights and freedom of association as they choose, then they are the ones who are being disenfranchised. You say you “want to open up the freedom philosophy as an avenue for all marginalized people,” but this should not come at the expense of marginalizing other people. And while it is true that we must allow the most subjugated peoples a voice in order to create a better world, this does not mean that anyone should be forced to listen to that voice.

The positions taken by the three of you are more akin to the anti-propertarian, politically correct collectivism of the statist left than to libertarianism. The misquotations are sufficiently numerous to call your motivations into question. As a principled libertarian, I must therefore denounce the three of you as fake libertarians.

Sincerely and for Liberty and Logic,

Matthew Reece

Special thanks to Lucy Steigerwald, Martin Brock, and Andkon for making my research easier.

Why Robert Pittenger is essentially correct about discrimination

On Sept. 8, Rep. Robert Pittenger (R-NC) was asked by ThinkProgress’ Alice Ollstein after a town hall meeting in Ballantyne about whether he supported laws to protect gays in the workplace. He responded, “You need to respect the autonomy of somebody running their business. It’s like smoking bans. Do you ban smoking or do people have the right to private property? I think people have the right to private property. In public spaces, absolutely, we can have smoking bans. But we don’t want to micromanage people’s lives and businesses. If you have a business, do you want the government to come in and tell you you need to hire somebody? Why should government be there to impose on the freedoms we enjoy?”

This statement led to predictable outrage from leftist activists, bloggers, and newspaper editorial boards. “Rep. Pittenger’s ill-informed opinion is also not consistent with the fair-minded opinion of most Americans,” said David Stacy, government affairs director for the Human Rights Campaign, a gay rights organization. “The vast majority of Americans back commonsense workplace protections for LGBT Americans.”

Below, I will make the case that such an opinion is not ill-informed (even if ill-stated and ill-defended by Rep. Pittenger) and is consistent with libertarian philosophy.

The first order of business is to define what is meant by discrimination. The dictionary definition of discrimination is “the practice of unfairly treating a person or group of people differently from other people or groups of people.” The only problematic part of this definition is the word “unfairly,” which could be (and has been) used to twist the meaning of discrimination in an arbitrary fashion. After all, who decides what is fair or unfair? Those involved in an interaction, or someone outside the interaction? If the latter, then what gives them legitimacy to say what is fair or unfair? Ultimately, fairness is subjective because values and opinions are subjective. The only objective consideration concerning fairness in libertarian philosophy is whether an action is consistent with the non-aggression principle. Therefore, discrimination for the purpose of this essay will be defined as “the practice of treating a person or group of people differently from other people or groups of people without violating the non-aggression principle.”

The second task is to construct a logical framework for the right to discriminate. This is a rather straightforward task. The right to discriminate against any person for any reason is part and parcel of the right of freedom of association. In order to argue against freedom of association, one must exercise freedom of association toward the recipient(s) of one’s argument. Therefore, any argument against freedom of association contains a performative contradiction which falsifies the argument. As an idea which cannot have a valid argument against it must be true, freedom of association is a valid right which should not be violated.

The other right which comes into play when discussing discrimination is the right to private property. Private property is rightfully established by mixing one’s labor with unowned natural resources. This comes from being responsible for the consequences of one’s actions, which in turn comes from ownership of one’s physical body. In order to argue against ownership of one’s physical body, one must exercise exclusive control of one’s physical body (to write, speak, type, etc.), which only a rightful owner legitimately may do. Therefore, any argument against ownership of one’s physical body contains a performative contradiction which falsifies the argument. Thus, ownership of one’s physical body is a valid right which should not be violated, as are the corollaries thereof, such as private property rights.

So far, we have a logical case that no one, including an agent of the state, should interfere with private property or freedom of association. Effectively, this means that no one should initiate the use of force to prevent discrimination. (This, of course, does not equate to a case for why people should exercise their right to discriminate on the basis of sexual orientation, race, gender, age, or any other basis; it is only a case for why they should be allowed to do so.) But although discrimination is allowed under libertarian philosophy, it will be discouraged by market forces. In a free market, bigots are punished because they relinquish customers and employees who have the traits against which the bigot is prejudiced as well as customers and employees who are sufficiently offended by said prejudice to ostracize the bigot. This is more than a linear relationship, as those who cannot or will not obtain goods, services, and employment from the bigot will be likely to do so from other providers who are not bigoted rather than do without. This will not only impoverish the bigot, but enrich his competitors. The eventual result is that bigots cannot compete with those who are not bigoted, and must either renounce their bigotry or go out of business.

At this point, statists may protest that the above free market scenario has not played out, and that government intervention is therefore necessary to stop discrimination. Of course, this violates logically proven rights, but statists tend not to understand or care about this; otherwise, they would not be statists. The Charlotte Observer Editorial Board asked whether Rep. Pittenger would find it acceptable to fire an employee for being black, so let us consider the history of that case. Prior to the Civil Rights Movement, Jim Crow laws forced many business owners not to serve customers or hire employees whom they would have served or hired otherwise. Since that time, anti-discrimination laws have forced many business owners to serve customers and hire employees whom they would not have served or hired otherwise. In both cases, force has been used to interfere with the market to keep voluntary methods of dealing with bigotry from being tested. To claim that voluntary methods cannot work while supporting laws that prevent voluntary methods from having a chance to work is logically inconsistent.

One must also remember the role that government has played in indoctrinating children with racist beliefs. The racists who held political and business positions in the 1950s and 1960s would have been schoolchildren in the 1920s. Let us consider an example of what they were taught. This excerpt comes from Civic Biology (1914). (If the book sounds familiar, it is because it was used by John Scopes to teach evolution in Tennessee in 1925, leading to the Scopes “Monkey” Trial.)

“The Races of Man. — At the present time there exist upon the earth five races or varieties of man, each very different from the other in instincts, social customs, and, to an extent, in structure. These are the Ethiopian or negro type, originating in Africa; the Malay or brown race, from the islands of the Pacific; The American Indian; the Mongolian or yellow race, including the natives of China, Japan, and the Eskimos; and finally, the highest type of all, the Caucasians, represented by the civilized white inhabitants of Europe and America.”

With this sort of racism being taught to children in public schools, it is no wonder that a large number of them would grow up to be racists.

Another important aspect of government laws is that they frequently have unintended consequences that harm the people they are intended to help. For example, when an anti-discrimination law prohibits firing an employee for having a certain characteristic, an employer is less likely to hire people with that characteristic because it is too difficult and troublesome to fire such people if they are incompetent, as they can claim that they were fired for a legally prohibited reason and make trouble for an employer.

More generally, the belief that an action cannot be performed solely because it has yet to be performed constitutes a logical fallacy. The assertion that the free market cannot effectively deal with bigotry simply because there is not yet an empirical example of the exact outcome described above is such a fallacy (as well as an ipse dixit fallacy.)

The other criticism typically levied against libertarianism in this regard is that it is just a cover for bigotry. This criticism is easily dismissed. Libertarianism is a philosophical position on what constitutes the legitimate use of force. It says that initiatory force is never justifiable and defensive force is always justifiable. Libertarianism says nothing about bigotry one way or the other, as long as that bigotry does not involve initiatory force. To claim that a philosophy defends a certain position simply because it does not attack that position is a false dilemma fallacy. That being said, even if it were true that libertarianism is a cover for bigotry, this would actually produce good results. If bigots would become libertarians, then they would have to abide by the non-aggression principle. This means that they would stop initiating the use of force and advocating for politicians to do so on their behalf in order to advance pro-bigotry agendas. Therefore, bigots will do less damage to other people if they become libertarians.

It is thus clear that while Rep. Pittenger’s defense of his position was rather inept and his comparison between discrimination against LGBT people and discrimination against smokers is problematic, the opinion that discrimination should not be legally prohibited by the state is not ill-informed or illogical.