Whenever the law interferes with entrepreneurial activity it creates a barrier to entry and makes the practice of doing business less efficient. Some would say certain inefficiencies in an economy are good and desirable, as when bad people are prevented from doing bad things by laws and regulations that catch them before they do any harm. This realm of “positive law” includes laws against drunk driving and insider trading. These laws create criminals where there is no victim but merely the perhaps likely threat of harm, and reasonable people can debate the merits of such laws. The recent ruling wherein the high court of New Mexico ruled against Elaine Huguenin, a professional photographer who refused to photograph a gay marriage ceremony due to her religious beliefs, goes far beyond merely attempting to prevent harm. Rather, it aims to criminalize behavior that has no potential to cause physical harm, but at worst can only be considered offensive. If allowed to stand, the consequences will be negative for all entrepreneurs whether straight, gay, black, white, male, or female.
Reported by Forbes.com 2 days ago.
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