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By Ed Rutledge
06/22/2010
The constitutionality of the Civil Rights Act has become a popular topic for discussion this summer, but it is a topic which forces politicians to respond to a complex legal issue through sound bites. And sound bites, unfortunately, can be easily misconstrued.
The Civil Rights Act eliminated institutionalized, government sanctioned, government mandated racism by eliminating segregation among governmental entities throughout the United States. This was just, good, and in accordance with the 14th Amendment of the Constitution.
However, the Act also presumed to change the moral character of individuals by mandating what private citizens must do with their own property. Regardless of the dubious constitutionality of such federal meddling in private affairs, Libertarians recognize that changing personal morals through legislation is a very difficult, perhaps impossible proposition.
If we are serious about changing how society views itself, about improving the moral character of our society, then we should look to those who have done so successfully for ideas and inspiration. Martin Luther King, Jr. comes to mind, as does Mahatma Gandhi, Mother Teresa, and the Dalai Lama. For professional polititians to lump themselves into this category strikes a Libertarian as laughably arrogant.
Let me be clear. Libertarians have been and will remain strident champions of civil rights, and Libertarians find racism repugnant. The protection of civil rights and personal liberties is the fundamental purpose of government and the goal of Libertarians. While we may never rid our world completely of hate and prejudice, Libertarians believe that we should continually strive to achieve such a society.
As inspiring leaders have taught us, however, the most efficient and effective way for us to move toward this goal is not through legislation and government force, but through free citizens exercising our right, perhaps our duty, to voluntarily disassociate ourselves from those persons or businesses which persist in hateful, repugnant racist behavior, and to convince others to do the same.
It is very important to recognize that 2010 is not 1964. While there is still a great deal of work to be done, as a society we have come a long way. But forcing politicians to review the technical aspects of the Civil Rights Act through a modern lens is nothing more than picking at scabs. It does no good, and it lengthens the healing process.
Instead, if we as a society are truly committed to rooting out racism, then we must be committed as individuals to an unending effort to eliminate racism, in all of its forms, from our own hearts.


