Here’s a thought, and a market-oriented one at that (blame this on me, however, not Bader or CEI). Since the argument that racial preferences are wrong, immoral, and in violation of the core American value that people should be treated “without regard” to race falls on so many deaf ears in major centers of the American economy and society, and since they impose such a high unlegislated expense on normal consumers and taxpayers, perhaps an alternative to MCRI/209-like bans on preferences would be a movement to make the devotees of preferences pay for the privilege of discriminating. These incentives could be in the form of a discrimination tax, with rates tracking the degree or number of preferences offered, or tax credits to those organizations that don’t discriminate.
This approach has been tried with some success in environmental regulation. It seems only fair to make those organizations that are determined to practice racial discrimination — a socially harmful and cost-imposing activity that is a form of moral and social pollution — pay for the privilege.
You know it comes from John at Discriminations (see blogroll at left).