Journal of Social Philosophy, EarlyView.

Many believe that we have a duty not to discriminate when we act in certain ‘public’ capacities, for example when it is our job to select among various candidates for a job. In contrast, they deny that we have duties of a similar kind in our private lives, for example in our romantic lives. In this paper, we challenge this well‐entrenched asymmetry. We do so primarily by canvassing and rebutting central arguments to the effect that acting discriminatorily, for example when (...) we date, is something we have a right to, including arguments from: (1) freedom of association, (2) legitimate self‐interest, (3) power and (4) love versus duties. In this way, we challenge a common permissive view regarding private discrimination. (shrink)

What does morality require of individuals in their dating and sex life? In this article I challenge recent outlines of antidiscrimination duties in the dating sphere and present a plausible alternative: the deliberative duty. This duty avoids the risks and limitations of earlier outlines: it is time-sensitive regarding the malleability of intimate preferences, it avoids being too demanding on the duty-bearer and minimizes the risk of generating mere dutiful attraction behavior towards right-holders. In addition, it is better suited for universal (...) action guidance in the dating sphere than earlier outlines of individual antidiscrimination duties. (shrink)

Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. In the context (...) of the caste system, I argue that commercial facilitators should be banned from allowing customers to filter by caste. The argument is based on two considerations. First, this could mitigate the harmful effects of such discriminatory marriages choices in the (re)production of the oppressive caste system. Second, even if the ban fails in changing behaviour, it serves as an expressive goal of communicating the state's opposition to the caste system. (shrink)