George,

I am very troubled by the story about the cashier at the food shop in the U of Maryland student union who refused to serve someone because the cashier was offended by the T-shirt the customer was wearing. What troubles me is that during the discussions that ensued at UMD some argued that the cashier's action was acceptable. What is happening to the immutable principles of democracy in America? Do some individuals have the right to make life difficult for those who believe differently than they? Is righteousness a new right?

This student union case at UMD is similar to the situation in some drug stores where pharmacists can refuse to dispense certain birth control prescriptions. Some say this is the pharmacists' right and the customer can always go to another drug store. (In the Maryland student union case, the customer was ultimately served by another cashier.) So customers are a little inconvenienced by the true believers -- so what?

Let's be good guys and tolerate the intolerant. But in the process we give power to the true believers to dominate us.

These cases of "refusal to serve" violate a variety of democratic principles such as freedom of expression and equal protection of the laws. But they also violate a more general right -- a right not expressed explicitly in the Constitution but an implied right we all possess -- the right not to be interfered with by other individuals. If we walk down a sidewalk, we expect to be allowed free passage by others.

If someone heads toward us and purposely bumps us off the sidewalk (for whatever "reason"), we should not tolerate such behavior. There is no excuse for it. Of course, we can cross the street -- go out of our way -- and avoid being bumped. We can go out of our way (seek another cashier, go to another drug store) and let the person who bumps -- the person who some think has a "right" to impose his position -- push others aside. This is not only undemocratic, it is allowing the true believers to dominate society. We are fools if we tolerate it.

David RePass (Electronic mail, May 25, 2007)