Legislating Morality is BAD

Libertarians and conservatives find themselves at odds when it comes to questions of social policy and morality. More and more I've found myself to fall squarely in the libertarian camp--perhaps to the chagrin of the conservatives I grew up with.

To me, the issue of the government's role in enforcing moral codes, should be a no-brainer to anyone who claims to believe in limited government: keep the government out. Alas, that is not what conservatives have consistently said. Rather, the Mike Huckabee GOP types are generally happy to allow the government into virtually any corner of their lives--so long as that intrusion is consistent with their own moral principles.

The obvious problem is once you draw the line in the sand for allowing the government in, you don't always get to decide the moral principles at issue--whoever wields the power you gave them gets to make that call.

There's a great example now occurring in California to demonstrate what I mean. For many years, conservatives have supported zoning laws restricting where adult-oriented businesses, bars, or other businesses with which they agree may operate. This intrusion into property rights is wholly based on moral principles, on the theory that the others in the neighborhood shouldn't be forced to live, work, or play near businesses they find morally repugnant.

So take that theory to Berkeley, California where the activists are attempting to get a measure on the ballot that would restrict the location of military recruiting offices--a type of business many residents of Berkeley find morally repugnant.

Any conservatives opposing this measure yet supporting restrictions on the location of pornographic businesses are quite frankly hypocrits--though I don't expect that to stop them.

Hat Tip to Volokh Conspiracy where I first read about this issue.