Fallacy #3

The State was historically discriminatory by policy, but now the State is the purveyor of non-discrimination in public and private life.

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Discrimination was policy and now non-discrimination-discrimination is policy. The State was a vehicle of discrimination, but now the state is a vehicle of nondiscrimination. The transcendent human condition afflicting good governance- greed, infidelity and abuse- is subdued. The government is washed of its inherited flaws and wont be abused. The viability of law is congruent to intention, not consequence.