The US Supreme Court decided on June 15 that the Civil Rights Act of 1964 protects gay and transgender workers from workplace discrimination. Discrimination ‘because of sex’ is unlawful. But what is it that makes discrimination morally wrong? It is useful to examine this from a Kantian standpoint because Immanuel Kant lays the foundation for recognizing the inherent dignity of every individual – and discrimination is indeed an affront to human dignity.
Moral law
Kant’s moral philosophy – or deontology (‘deon’ referring to duty) – maintains that what makes an act right is that it is done for the sake of the moral law. Consequences, intended or otherwise, are irrelevant in determining the moral worth of an action. What matters is whether the action is motivated by duty, which is to say, respect for the moral law.
Kant offered several formulations of the moral law which he described as a categorical imperative, as opposed to a hypothetical imperative. A hypothetical imperative says “If you want to accomplish x... then you must do y.” A categorical imperative on the other hand says, “Do x!” Your ends, aims or desires are irrelevant. That is what makes it categorical: it is not conditional upon anything. It commands us all the same irrespective of empirical or psychological contingencies.
