Dating sites demonstrate the complete absurdity of nondiscrimination laws

Dating sites demonstrate the complete absurdity of nondiscrimination laws

In case more proof was needed that the homosexual movement does not want to “live and let live,” Aaron Werner and Richard Wright will gladly provide it. The two gay men sued Christianmingle in 2013, claiming that the website violated their rights under California law because it offers only opposite-sex matchmaking. Last week, they won their case. Christianmingle must now accommodate homosexuals. Oh yeah – and it has to pay Werner and Wright $468,000 in damages and attorney’s fees.

The two men sued under the Unruh Civil Rights Act, a state law that prohibits discrimination based on a number of protected categories including “sexual orientation” – an amorphous and troublesome social construct that is almost always interpreted to mean sexual conduct. The operative portion of the law is short and sweet:

All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

To a lot of people, that sounds like an eminently reasonable law that offers equal protection to everyone. Nothing could be further from the truth. It’s a statist monstrosity, selectively enforced against disfavored groups, often to shake them down for money. Forcing everybody to do business with everybody does not make us “free and equal.” True freedom and equality arise when people are free to choose to engage in economic transactions of their volition. Unruh should be repealed posthaste.

Trending: Biden revokes Trump E.O. that excluded China from involvement in U.S. power grid

Dating services illustrate in vivid color the stupidity of private sector nondiscrimination laws. Many dating sites cater to niche markets and must therefore discriminate by necessity. In other words, dating sites discriminate because they want to meet the discriminating tastes of their customers. Not all dating sites specialize of course, and that’s fine if they don’t. Customers have the option of using all-purpose dating sites such as or Okcupid, but if they want a more tailored experience they have a smorgasbord of options to choose from. Nondiscrimination laws mandate that all sites cater to (nearly) all tastes. Sure, you can still have your niche dating site, as long as it serves everybody.

There are niche dating sites for every imaginable group — farmersmilitary memberssmokersfat peopleliberalsconservatives, and libertarians. Those sites might still be free to operate under their current business models because they do not bump up against legally protected categories. Or do they? According to an official pamphlet published by the State of California, the power of Unruh is expansive to the point of theoretical limitlessness. According to the pamphlet:

[T]he California Supreme Court has held that protections under the Unruh Act are not necessarily restricted to these characteristics. The Act is meant to cover all arbitrary and intentional discrimination by a business establishment on the basis of personal characteristics similar to those listed above.

Whether the aforementioned websites are illegal in California is an open question but dating sites that cater to different races, ethnicities, and religions are all certainly illegal in California even if the state has not yet enforced the law against them.

With such a wide array of sites for every possible taste, one is left to wonder why people can’t simply seek out the right one for them. There are even sites for gay Christians such as The two crybaby homofascists who sued Christianmingle could have found mates on that site but of course they weren’t looking for love; they were hunting heretics. The very thought that there’s someone somewhere who won’t fix them up with a sodomy partner is enough to drive them into fits of rage.

But wait a second — don’t gay Christian sites discriminate as well? Yes, they do. They exclude heteros and non-Christians. They are in fact more discriminatory than Christianmingle! Some homosexual dating sites cater exclusively to men or women, which is also illegal in California. Why isn’t anyone suing them? I think we know the answer to that.

If Christianmingle is violating the Unruh statute, then there are plenty of other dating websites in violation as well. Any website that excludes anyone is by definition discriminating, and in a great many cases that discrimination is illegal. All of them should be forced to cough up half a million dollars, just the same way Christianmingle was. Fair’s fair.

Some of the protected categories found in Unruh are absolutely ludicrous, such as “medical condition.” Shouldn’t dating websites have the prerogative, for example, to decline to do business with someone who is spreading contagious diseases?

That’s not as far-fetched as you might think. A cursory search of the internet revealed a number of episodes in which people have intentionally spread HIV. All of those I found were men, and most were homosexual. Here’s one from California, no less – Thomas Miguel Guerra of San Diego was sentenced to a mere six months in prison for intentionally infecting his ex-boyfriend with HIV, and he likely infected many other men. If you ask me, that’s attempted murder. Prosecutors found approximately 11,000 incriminating videos and texts on his phone that proved he was aware he was HIV-positive. In some of those texts, he seemed to take perverse joy in spreading the virus. If a sociopath like that were using a dating website to meet men, shouldn’t the website have the right to dump him as a customer? California law says no.

What about Muslim dating sites? Besides religious discrimination, some Muslim websites also discriminate on the basis of “sexual orientation.” Not all of them, of course., for example, performs same-sex matchmaking., on the other hand, does not. Should be sued as well? I won’t hold my breath waiting for that to happen. The crybaby homofascists are terrified of Muslims. Like most bullies, they avoid picking fights with people who might fight back. runs afoul of California law in another regard — as the name implies, it’s only for single Muslims. What if a married Muslim wants to play? Marital status is a protected category under California law, and so all businesses, even dating services, must offer their services to married people. If you aren’t willing to facilitate adultery, you can’t go into the matchmaking business in California.

This scenario became a lot less hypothetical in 2006 when John Claassen of Emeryville, California sued eHarmony for refusing his business on the grounds that he was still legally married. Though Claassen and his wife were well on their way to a legal divorce, that fact doesn’t matter one iota under the Unruh statute. Claassen’s case languished in court for two years before it was referred to mediation.

But let’s return to, which may be the most discriminatory dating site on the internet. First, it discriminates on the basis of religion, second on “sexual orientation,” and third on marital status. Someone ought to sue the pants off these “bigots.” No, I’m serious. Demand to be paired with a married Jewish homosexual then scream bloody murder when they won’t do it. I wouldn’t have standing in a California court, but someone else really ought to sue them, if only to demonstrate the intrusive absurdity of private sector nondiscrimination laws.

While we’re at it, we really should borrow a page from Saul Alinsky, particularly the fourth of his “rules for radicals”: Make the enemy live up to his own book of rules. Liberals will never see the problem with this law until it is used as a cudgel to beat them the same way they’ve used it to beat non-liberals. I suggest joining an atheist dating website. Go out on dates — and minister to them. Meet up with atheist singles, then pour your heart out about your personal relationship with Jesus Christ. Invite them to church. Do the same thing with gay dating websites. Go out on same-sex dates, then try to convince them to discard their sinful ways. Keep doing it until the matchmaking service tells you to buzz off. Then sue them. You have the same right to their services as anyone else.

The reason we have these insane laws is because we allow the word “discrimination” to have entirely too much power over us. Nothing shuts off brains quite like the “D” word. Oh no, not discrimination! Gasp! All that word means is treating different people differently. Some forms of discrimination may be malicious, but none should be illegal in the private sector. We all discriminate every day, and nowhere more than in romance and dating.

Benny Huang

Benny Huang

Benny Huang is a lonely conservative in the very liberal Pioneer Valley of Massachusetts. Born in Taiwan, he came to the United States at a young age. He also blogs at Patriot Update.


For your convenience, you may leave commments below using Disqus. If Disqus is not appearing for you, please disable AdBlock to leave a comment.