My Liberty Forum Essay, Freedom of Association and Antidiscrimination Law: An Imperfect Reconciliation has provoked three thoughtful responses. Those by Marc DeGirolami and Paul Moreno are supportive of my approach and may be best described as intramural disputes among individuals who agree on the relationship between freedom of association and basic antidiscrimination laws. Andrew Koppelman’s response, notwithstanding his stated sympathy toward the contract at will, offers a defense of the antidiscrimination law on a mixture of moral and consequentialist grounds. It is useful to consider DeGirolami and Moreno in tandem before turning to Koppelman. Needless to say I cannot cover all the points they raise in their essay. But I do hope this cover the essentials.
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