Gay-bias law could help create a more tolerant society
Amy Lai says enforcement problem no reason to avoid enacting legislation
Lawmaker Cyd Ho Sau-lan put forward a proposal calling for public consultation on legislation to outlaw discrimination based on sexual orientation.
Members of the Democratic Alliance for the Betterment and Progress of Hong Kong denied such discrimination existed, and added that to outlaw such discrimination, even if it did exist, would be an act of over-legislation because such laws were difficult to enforce.
Fortunately, the DAB did not take an extreme moralistic stance by denouncing sexual orientations other than heterosexuality as "immoral". This makes it easier to determine whether such discrimination laws would be indeed "over-legislation".
Legal scholars have two opposing views on what role the law should play in society. Advocates for legal modesty believe society should aim to set up laws to curb the worst conduct, rather than to curb all bad conduct. They argue that not only is the latter unfeasible, it would also result in adverse consequences.
Advocates for legal moralism, on the other hand, argue that the law symbolises society's ideal values. Society, therefore, need not wait for the public to reach a full consensus before setting up new laws, but should use the law to educate the public and help citizens cultivate good values.
In light of these views, the DAB's stance may be seen as "modest" while those who support the proposal appear to be idealistically set on pushing specific values at the risk of oppressing those who do not agree with them.
All factors considered, however, an "idealist" approach would seem wiser than a "modest" one.