The Equality Act

When I listen to news, I listen to NPR. I’m aware of its liberal bias, which manifests in how it covers news but also — and this is too rarely appreciated — what it considers "newsworthy" in the first place.

But NPR really dropped the ball on the Equality Act, which comes up for vote in the U.S. House today. Its story doesn’t even mention opposition based on the certain (not speculative) effect of requiring that male-to-female transgender persons be permitted to compete in athletic events against biological women.

A guest opinion piece in the Wall Street Journal identifies other problems besides the Act’s adverse effect on religious and conscience rights:

The Equality Act would threaten the existence of women’s prisons, public-school girls’ locker rooms, and women’s and girls’ sports teams. It would limit freedom of speech, freedom of association, accurate data collection, and scientific inquiry. It would threaten the rights of physicians who doubt the wisdom of performing life-changing, reproduction-limiting procedures, and parents who seek to protect their minor children from such treatment.

This isn’t hyperbole. Similar state laws have already resulted in such harm. In California, Catholic hospitals have faced lawsuits for declining to perform life-altering “gender affirmation” surgery in September 2016. In Connecticut, two biologically male athletes won a combined 15 girls state championship races, allegedly taking opportunities for further competition and scholarships from female runners in June 2019. Alaska’s Equal Rights Commission opened an investigation into a women’s shelter after it turned away a biological male in September 2019. H.R. 5 would impose the most extreme form of these laws on the whole country.

The bill is so broad that even some who support the measure in principle have called for Congress to carve out exceptions. Writing in the Washington Post in 2019, tennis legend and activist Martina Navratilova asked Congress to exempt athletic competitions. “The reality,” Ms. Navratilova wrote, “is that putting male- and female-bodied athletes together is co-ed or open sport. And in open sport, females lose.”

Women forced to compete against male athletes risk not only losing competitions, but also serious injury. Ask Tamikka Brents, whose orbital bone was fractured by transgender MMA fighter Fallon Fox in the latter’s first professional fight as a woman. Ms. Brents said she felt “overwhelmed” by the fight.

The reason that some contexts require separation of the sexes is obvious: Women have unique physical vulnerabilities. Female inmates are kept separate from male inmates for just this reason. How can we possibly reduce the number of sex crimes against women if the law refuses to recognize such basic differences?

Under the guise of fairness, the Equality Act would forbid policy makers from ever taking into consideration the differences between men and women that are necessary in order to guarantee safety and equality of the sexes.

The Equality Act isn’t about protecting people from discrimination; it’s about compelling adherence to gender ideology. Don’t let its name fool you.

The Equality Act Makes Women Unequal – WSJ

Religious freedom was once held in such high esteem that Congress was almost unanimous on the Religious Freedom Restoration Act less than 30 years ago, and Bill Clinton supported it and signed it. Today, it generally appears in scare quotes, often with intensifiers (e.g., "so-called ‘religious freedom’"), and is to the cultural left a bugaboo like saying "George Soros" to the cultural right.

NPR mis-reported the primary objections to The Equality Act, a bit of liberal groin piety analogous to tax cuts on the right, and I can’t help but suspect that they did so to "poison the well." Selma envy is alive and well as a prime motivation of today’s progressivism.

Attention Economy (and more)

Michael Goldhaber, the Cassandra of the Internet Age is one of the more thought-provoking things I’ve read in the past few weeks, and I’ve been reading a lot of thought-provoking things. It’s your introduction to “the attention economy” and it’s worth burning a freebie at the New York Times’ metered paywall.

  • Attention is a limited resource, so pay attention to where you pay attention.
  • “We struggle to attune ourselves to groups of people who feel they’re not getting the attention they deserve, and we ought to get better at sensing that feeling earlier,” he said. “Because it’s a powerful, dangerous feeling.”

Yesterday, in an interview with Fox News’s Chris Wallace, [Liz Cheney] went further. Trump “does not have a role as the leader of our party going forward,” she asserted, making a public case—to viewers of Trump’s onetime favorite network—that expanded on the one she delivered in the House GOP Conference meeting on Wednesday.

Cheney isn’t alone. Late last week, it became clear that Sen. Ben Sasse was headed toward another censure from the Nebraska Republican Party. Among his supposed offenses: accusing Trump of “pouring gasoline on these fires of division” that led to a riot at the U.S. Capitol and “persistently engag[ing] in public acts of ridicule and calumny” against the former president.

Sasse—who was just elected to a second six-year term—did not shy away from the confrontation, instead cutting a five-minute video response to the Nebraska GOP’s State Central Committee. “You are welcome to censure me again,” he said, “but let’s be clear about why: It’s because I still believe (as you used to) that politics is not about the weird worship of one dude.”

At the end of the message, Sasse, like Cheney, pointed to the future. “We’re gonna have to choose between conservatism and madness,” he said, “between just railing about who we’re mad at, versus actually trying to persuade rising generations of Americans again. That’s where I’m focused. And I sincerely hope that many of you will join in celebrating these big, worthy causes for freedom.”

[Shout-outs to Sen. Pat Toomey, Rep. Anthony Gonzalez and Rep. Peter Meijer omitted.]

… Only 21 percent of Republicans in a recent Echelon Insights poll strongly or somewhat supported impeaching and convicting President Trump.

But the same poll also found Trump’s stranglehold on the party’s voters loosening. In December, according to the survey, 61 percent of GOP voters said they hoped Trump would continue to be “the leading voice” for Republicans going forward. By January, that number had dropped to just 41 percent. After the events of January 6, only 45 percent of Republican voters said they wanted Trump to run for president again in 2024, down from 65 percent the month prior.

The Morning Dispatch

How these sane people live in the same party with Matt Gaetz, MTG and other contemptible clowns is an open question, but I can understand them not wanting to cede the party of Lincoln to limelight-loving loons.


I was shocked that OAN would run Mike Lindell’s 3-hour Absolute Proof conspiracy video, considering reports that it repeats defamatory claims OAN already had retracted under threat of lawsuit. But this extraordinary disclaimer helps me understand.

I won’t watch the video because:

  1. People I trust and respect have already debunked the major “stolen election” evidence — some of which is fabricated, some of which is third-hand hearsay, and some of which may be honest misunderstandings of the significance of first-hand observation (e.g., “when I went to bed, Trump was ahead but when I woke up Biden was pulling away” — a red crest/blue wave that was long predicted and easily understood, but that Trump consciously exploited with his premature victory announcement).
  2. I’m not so sophisticated about election mechanics that I can, on my own and in real time, dismiss all the claims that might be made in a 3-hour video. So watching it would only produce confusion — probably unwarranted (see my appeal to authority in the preceding point) — or require hours and hours more to regain a working clarity.
  3. I do not apologize for trusting analyses of people I’ve found trustworthy. Everyone does it. Everybody budgets how much time to spend on various things, and most people budget little time for seemingly-quixotic quests, If others find a cocaine-addled domestic abuser, conspiracy theorist and TV pitchman more plausible than seasoned political observers, all I can say is “bless their hearts.”

Timothy Wilks, 20, is shot and killed outside of Nashville’s Urban Air Trampoline and Adventure Park. Police told reporters that Wilks was trying to create a viral video of himself staging a fake robbery prank for his YouTube channel. Apparently unaware of the hilarity of having a stranger run at you and your friends with butcher knives, one of Wilks’ intended foils drew a pistol and shot him dead.

The Dangers of the Derp State – The Dispatch

Well, bless his heart, he was just trying to gain the attention to which he’s entitled.


The state of Victoria in Australia … just passed a bill that will considerably intensify the conflict between religious freedom, individual choice, and identity politics. And it might well become a model for laws elsewhere in the democratic world.

The legislation that just passed is the Change or Suppression (Conversion) Practices Prohibition Bill 2020 …

The law defines a change or suppression practice as follows:

“a practice or conduct directed towards a person, whether with or without the person’s consent on the basis of the person’s sexual orientation or gender identity; and for the purpose of changing or suppressing the sexual orientation or gender identity of the person; or inducing the person to change or suppress their sexual orientation or gender identity.”

But the really important part of the bill from a religious perspective is its list of “change or suppression practices.” This includes: “carrying out a religious practice, including but not limited to, a prayer-based practice, a deliverance practice or an exorcism.”

In short, if someone asks a pastor, a priest, or a Christian friend to pray for them that their sexual desires or gender dysphoria might be changed, that pastor, priest, or friend runs the risk of committing a criminal offense. Presumably this also applies to parents praying for their children—or perhaps even parents teaching their children that untrammeled expressions of sexual desire (at least within the canons of contemporary bourgeois taste) are inappropriate.

The legislation also demonstrates one of the oddest results of the modern emphasis on the radical freedom of the individual. In such a world, all must theoretically be allowed to have their own narratives of identity. But because some narratives of identity inevitably stand in opposition to others, some identities must therefore be privileged with legitimate status and others treated as cultural cancers. And that means that, in an ironic twist, the individual ceases to be sovereign and the government has to step in as enforcer. The lobby group of the day then decides who is in and who is out, with the result that, in this instance, the gay or trans person who wants to become straight or “cis” (to use the pretentious jargon), cannot be tolerated. His narrative calls into question that of others. We might say that his very existence is a threat. To grant any degree of legitimacy to his desire is to challenge the normative status of the desires of others.

And so prayer for such heretics must be prohibited, even if they specifically ask for it. This is not so much because it harms the people for whom it is being offered, but simply because it witnesses to the fact that not all people—not even all gay and trans people—buy into the current confections of the politics of sexual identity.

Perhaps that is encouraging. Perhaps at long last Western societies are beginning to wake up to the fact that Christianity at its very core witnesses to the fact that the world is not as it should be ….

Prohibiting Prayer in Australia | Carl R. Trueman | First Things


A Los Angeles Times opinion column is firing up the Internet after Virginia Heffernan wrote about her anguish in not knowing how to respond to neighbors cleared the snow on her driveway. They problem is that they also voted for former President Donald Trump. The column entitled “What can you do about the Trumpites next door?” explores her struggle with how to respond while comparing all Trump supporters to Nazis and Hezbollah. It is unfortunately hardly surprising to see such unhinged hateful comparisons in today’s age of rage. What was surprising is need to publish such a column containing gratuitous attacks on over 70 million voters as compared to genocidal murders or terrorists.

Thank You For Shoveling My Driveway . . . You Nazi? LA Times Runs Bizarre Column Revealing Liberal Angst And Anger – JONATHAN TURLEY


I never thought the end of the world would be so funny.

Jonathan Pageau, Q&A at Seattle Conference – Oct. 2017 – The Symbolic World

Barstool Conservatives and other delights

What Trump recognized was that there are millions of Americans who do not oppose or even care about abortion or same-sex marriage, much less stem-cell research or any of the other causes that had animated traditional social conservatives. Instead he correctly intuited that the new culture war would be fought over very different (and more nebulous) issues: vague concerns about political correctness and “SJWs,” opposition to the popularization of so-called critical race theory, sentimentality about the American flag and the military, the rights of male undergraduates to engage in fornication while intoxicated without fear of the Title IX mafia. Whatever their opinions might have been 20 years ago, in 2021 these are people who, with varying degrees of enthusiasm, accept pornography, homosexuality, drug use, legalized gambling, and whatever GamerGate was about. On economic questions their views are a curious and at times incoherent mixture of standard libertarian talking points and pseudo-populism, embracing lower taxes on the one hand and stimulus checks and stricter regulation of social media platforms on the other.

… Meanwhile, a small number of earnest social conservatives will be disgusted. But I suspect that a majority of them will gladly make their peace with the new order of things.

This is in part because while Barstool conservatives might regard, say, homeschooling families of 10 as freaks, they do not regard them with loathing, much less consider their very existence a threat to the American way of life as they understand it. Social conservatives themselves have largely accepted that, with the possible exception of abortion, the great battles have been lost for good. Oberfegell will never be overturned even with nine votes on the Supreme Court. Instead the best that can be hoped for is a kind of recusancy, a limited accommodation for a few hundred thousand families who cling to traditions that in the decades to come will appear as bizarre as those of the Pennsylvania Dutch.

Matthew Walther, Rise of the Barstool conservatives (emphasis added).

We can quibble over the label, but I think it’s fair to say that a lot of social conservatives have resigned themselves to voting for people who “do not regard them with loathing, much less consider their very existence a threat to the American way of life as they understand it.”

I understand the temptation. I considered voting Democrat in the primaries to vote for Bernie, the Democrat who struck me as so fixated on advancing socialism that he had little energy left for anti-Christian pogroms. But I didn’t, and although I’m under no illusions about reversing losses on the issues I’ve loved and lost, a social issue platform of “meh” is not good enough for my vote.


For hundreds of years at common law, moreover, while infertility was no ground for declaring a marriage void, only coitus was recognized as consummating (completing) a marriage. No other sexual act between man and woman could. What could make sense of these two practices?

Ryan T. Anderson et al., What Is Marriage?

I know the battle is lost, but I still can’t resist the opportunity to remind people that same-sex marriage swallows the hedonic marriage view lock, stock and barrel, and conservatives are justified if they ask (as fewer and fewer do) why government should be in the business of issuing licenses for people to enter what amounts to no more than relatively long-term pleasurable pairings.


Tesla posted its first full year of net income in 2020 — but not because of sales to its customers.

Eleven states require automakers sell a certain percentage of zero-emissions vehicles by 2025. If they can’t, the automakers have to buy regulatory credits from another automaker that meets those requirements — such as Tesla, which exclusively sells electric cars.

It’s a lucrative business for Tesla — bringing in $3.3 billion over the course of the last five years, nearly half of that in 2020 alone. The $1.6 billion in regulatory credits it received last year far outweighed Tesla’s net income of $721 million — meaning Tesla would have otherwise posted a net loss in 2020.

“These guys are losing money selling cars. They’re making money selling credits. And the credits are going away,” said Gordon Johnson of GLJ Research and one of the biggest bears on Tesla shares.

Tesla top executives concede the company can’t count on that source of cash continuing.

Tesla’s dirty little secret: Its net profit doesn’t come from selling cars


For many years, congressional Republicans have operated under a few rules:

* My way or the highway (you’re with the party consensus or you’re against the party).
* Politics is a zero-sum game (so there is no such thing as a compromise that can benefit both sides).
* Don’t fraternize across the aisle (which might lead to learning from Democrats or even wanting to compromise with them).

In the last five years, they added two more: If you don’t have something nice to say about Donald Trump, say nothing at all and If you repeat a lie enough times, you can act as if it’s true.

Now that the Republicans have lost control of the Senate, the House, and the presidency, they are both emboldened and scared at the same time. Emboldened because they can revert to their natural mode of obstructionism without responsibility for governing. And scared because two of President Biden’s main themes so far—his pleas for unity and his commitment to reality—directly threaten their tactics of division and fantasy.

The QAnon rioters were gone from the Capitol by the end of the day on January 6, but QAnon is now represented by outspoken members of Congress. It is disturbing to hear Nancy Pelosi say, as she did this week, “The enemy is within.” But she’s not wrong.

Brian Karem, The GOP Has Nothing to Offer – The Bulwark


My take on this is simple: It is better for a good book not to be taught at all than be taught by the people quoted in that article. Yes! — do, please, refuse to teach Shakespeare, Homer, Hawthorne, whoever. Wag your admonitory finger at them. Let them be cast aside, let them be scorned and mocked. Let them be samizdat. Let them be forbidden fruit.

They will find their readers. They always have — long, long before anyone thought to teach them in schools — and they always will.

Alan Jacobs


If you were looking for the faith-free version of [Cicely] Tyson’s life, the natural place to turn was The New York Times.

This story did a great job of capturing her impact on American culture, especially in terms of the sacrifices she made to portray African-American life with style, power and dignity. Here are two crucial summary paragraphs on that essential theme:

“In a remarkable career of seven decades, Ms. Tyson broke ground for serious Black actors by refusing to take parts that demeaned Black people. She urged Black colleagues to do the same, and often went without work. She was critical of films and television programs that cast Black characters as criminal, servile or immoral, and insisted that African-Americans, even if poor or downtrodden, should be portrayed with dignity.

“Her chiseled face and willowy frame, striking even in her 90s, became familiar to millions in more than 100 film, television and stage roles, including some that had traditionally been given only to white actors. She won three Emmys and many awards from civil rights and women’s groups, and at 88 became the oldest person to win a Tony, for her 2013 Broadway role in a revival of Horton Foote’s ‘The Trip to Bountiful.'”

But the only reference to her Christian faith — negative, of course — came in this bite of biography:

“Cicely Tyson was born in East Harlem on Dec. 19, 1924, the youngest of three children of William and Theodosia (also known as Frederica) Tyson, immigrants from the Caribbean island of Nevis. Her father was a carpenter and painter, and her mother was a domestic worker. Her parents separated when she was 10, and the children were raised by a strict Christian mother who did not permit movies or dates.”

The Times also offered an “appraisal” of Tyson’s career with this striking headline: “Cicely Tyson Kept It Together So We Didn’t Fall Apart.

The New York Times is important, of course, but it is even more important that the Associated Press served up three stories about Tyson’s life, career and cultural impact without a single reference to her Christian faith (other than a fleeting reference to God in a Michelle Obama tribute quotation). These are the stories that would appear in the vast majority of American newspapers.

Now, I am happy to note that the Los Angeles Times package about Tyson did a much better job of weaving her own words into its multi-story package about her death.

It was hard to edit God out of Cicely Tyson’s epic story, but some journalists gave it a try — GetReligion


Senate Minority Leader Mitch McConnell waded into the intra-GOP squabbles last night, declaring Rep. Liz Cheney “an important leader in our party and in our nation” and decrying Rep. Marjorie Taylor Greene’s embrace of “loony lies and conspiracy theories” as a “cancer for the Republican Party.”

The Morning Dispatch

Memo to a**h*le Matt Gaetz: If you shoot at the GOAT’s friend, you’re gonna hafta kill the GOAT, too. And you didn’t:

What Wednesday did reveal, however, is the relative strength of the GOP’s various factions. Only 10 House Republicans voted to impeach President Trump last month; on a secret ballot, 145 supported Cheney’s right to do so. A staggering 139 House members objected to the electoral results in at least one state on January 6; on a secret ballot, “only” 61 wanted to boot Cheney for her vote of conscience.

Conservatives concerned with the direction of the GOP in recent years may take solace in these discrepancies. As we’ve written repeatedly, the majority of Republican lawmakers here in Washington are far less Trumpy personally than they would ever let on. But on a political level, the public persona is the one that matters: It’s what voters see, how narratives are shaped, and how decisions are made.

At some point, elected Republicans may once again feel comfortable speaking their whole mind. But not yet. Expect things to revert to normal when the cameras are back on today during the vote to punish Greene.

After all, according to a new Axios/SurveyMonkey poll, Greene is significantly more popular with GOP voters than Cheney is, +10 net favorability to -28.

The Morning Dispatch: Cheney Triumphs in Conference Vote


“Trump was our greatest champion, and it still wasn’t enough. He tried his very best. He did so much, but he’s only one man…I even helped stormed(sic) the capitol today, but it only made things worse…Why, God? Why? WHY HAVE YOU FORSAKEN US? Unless…Trump still has a plan?”

25-year-old LARPER/Loser Jack Griffith, who didn’t even vote in the election he was protesting. Unmistakably reminds me of the Ur-story instantiated here. “I did help. I sent an election.”


Why don’t I think of gentle mockery more often? It’s so much more effective a response to stupidity than my rage is. Jewish Space Laser Agency: We didn’t start the fire – The Forward


The reason why cancel culture has alarmed so many Americans is not because, say, Holocaust deniers face public shame or white supremacists can’t find jobs on network television. It’s because even normal political disagreement has generated extreme, punitive backlash. It’s because intolerant partisans try to treat mainstream dissent as the equivalent of Holocaust denial or white supremacy.

David French, Can We Have (Another) Conversation About Cancel Culture?


James Dobson … is now telling his followers that the outcome of the presidential election remains “unresolved.”

“Sadly, the highest court in the land didn’t review a word of the overwhelming volume of evidence,” wrote the 84-year-old Dobson, whose former employee, Jenna Ellis, was a member of Rudolph Giuliani’s “crack legal team” that sought to overturn election results in dozens of unsuccessful cases.

In the months since the election, the Colorado Springs-based Focus on the Family has regularly provided election skeptics with plentiful ammunition and has embraced men and women in Congress who voted to overturn state election results. Meanwhile, Focus’s partner organization in Washington, D.C., the Family Research Council, continues to claim the election was stolen, and that Antifa—not Trump supporters—caused the Capitol attack on Jan. 6. (There is no evidence to suggest Antifa led the attack, while FBI investigations have linked several militia and far-right extremist groups to the violence.)

… Before the election, Focus, Dobson and their numerous affiliated organizations promoted Trump. After the election, these organizations have promoted unfounded claims of election fraud. And after the Jan. 6 attack on the Capitol, they’ve remained silent about the politicians they’ve endorsed who participated in or incited the insurrectionist mob.

While Christianity teaches that all people sin and fall short of the glory of God, The Daily Citizen promotes heresy: only liberals sin. Reports about Democrats violating their own COVID restrictions (House Speaker Nancy Pelosi and California Governor Gavin Newsom) are a regular feature. Only libs engage in political violence (“12-Year-Old Boy Assaulted by Woman for Pro-Trump Sign, Police Say”).

Steve Rabey, How evangelical media ministry Focus on the Family fueled lies and insurrectionists.

I have quibbled about whether flakes like Paula White qualify as “evangelical.” There is no quibbling about James Dobson: he’s as mainstream evangelical as they come. His bearing of false witness about the election is very wicked.


While pundits (myself included) have spent an inordinate amount of time over the past four years gravely pondering what Republican politics would look like post-Trump, these members of the House GOP [Lauren Boebert, Madison Cawthorn, Paul Gosar, Matt Gaetz, Louie Gohmert, Jim Jordan and Marjorie Taylor Greene] have given us what now looks to be the most plausible answer. Rather than a smarter, more responsible vehicle for enacting a set of distinctively Trumpian policies on trade, immigration, and foreign policy, let alone a reversion to the pre-Trump status quo (Romney-Ryan 2.0), we’re going to get a politics of bilious, lizard-brained idiocy along with intentionally cultivated and playacted outrage.

It’s certainly newsworthy when a just-elected congresswoman says something bizarre. But is it still newsworthy the 10th time she does it? Or the 100th? Maybe it is in the sense that it will generate strong ratings and give on-air talent something sensational to talk about. Is it really telling people anything new? Anything they need to know? I don’t see how.

What it does, far more, is give a powerful megaphone to someone who above all else craves national attention for her obsessions and derangements. In this respect, news organizations that place Greene and others like her at the center of the news cycle are being played. By incentivizing the madness, rendering it a sure path to national fame and notoriety, they play a new and pernicious role in the political ecosystem — as unintended facilitators of fascism, American style.

If the media and the leadership of both political parties really wanted to cut Greene down to size, they would deprive her of what she wants and needs most of all: our attention.

Damon Linker, Marjorie Taylor Greene is getting exactly what she wants


If Donald Trump was the Sorcerer’s Apprentice, Josh Hawley is the Sorcerer’s Apprentice’s Apprentice. They have summoned and unleashed dark forces.


You can read most of my more impromptu stuff here or join me and others on micro.blog. You won’t find me on Facebook any more, and I don’t post on Twitter (though I do have an account for occasional gawking).

Inauguration, antecedents, accoutrements and sequelae

Out with the old

For a person who pledged to “drain the swamp,” [Trump’s] pardons show an unprecedented sense of sympathy (and clemency) for those who profiteered in public office. Yet, those pardons pales in comparison to the contradiction in one of Trump’s last acts as President: rescinding his bar on current and former members of his administration from lobbying their respective agencies for five years.

Jonathan Turley, Refilling the Swamp? Trump Rescinded The Ethical Lobbying Bar For Aides As He Was Leaving Office (emphasis added)

Indeed, some QAnon zombies realized at 12:01 pm Wednesday that they’d been punked, and they responded by feeling sick to their stomachs because their bodies weren’t accustomed to truth.

But far more — infinitely more — anyone who thought Trump had any intention of draining the swamp should be writhing in agony at allowing members of his administration to begin lobbying and otherwise cashing in immediately — a major if not defining marker of swampiness. It makes utter mockery of his ostentatious imposition of the bar in the first place.


Of all the figures around Trump, including Trump himself, Giuliani’s descent into villainy is the most tragic, because tragedy is about the downfall of heroes. Like all good villains, Giuliani is at peace with what he’s become. When warned by friends he’s setting fire to his legacy, Giuliani said, “My attitude about my legacy is f— it.”

Mission accomplished, Mr. Mayor.

Jonah Goldberg, The Remarkable Descent of Rudy Giuliani – The Dispatch

Because “tragedy is about the downfall of heroes,” Trump’s downfall will never qualify as tragic.


[V]ast swaths of the right still don’t see that they were wrong about anything.

Nearly all the usual suspects are like little kids who like to play with matches, despite constant warnings not to, standing in front of the smoldering ashes of their own home. When you say, “Do you understand now?” They’re like, “What? What’s the big deal?”

Worse, they’re constantly whining about how everything is so unfair. Newt Gingrich is blathering about how Democrats want to “exterminate” Republicans. Josh Hawley and Ted Cruz are pretending they were right all along, and Jim Jordan is spewing nonsense about how impeachment is the apotheosis of unjust cancel culture. Hell, Bill Bennett is demanding that Biden “apologize” for Trump’s first impeachment (and stop the unjust and divisive second one). I am unaware of Bill saying that Trump has anything to apologize for in the events that got him impeached either time—or for anything else. My friend Bill Bennett—The author of The Death of Outrage, The Book of Virtues, The Moral Compass, The Book of Man: Readings on the Path to Manhood, et al.—looks upon Donald Trump, consults his clipboard of virtue, and says, “Yep. This checks out.”

My point is that while there’s plenty to gloat about, I don’t feel like gloating (much), because these people are taking all the fun out of it by doubling down on many of the worst aspects of Trumpism, starting with an utter denial that they did—or are doing—anything wrong. It’s one thing to dance in the end zone and celebrate a win. But when the losing team and its fans call the scoreboard “fake news” and just keep bleating about how they didn’t really lose, or that the game was rigged, or that they did nothing wrong when they told their fans to storm the field and wreck the place, gloating is robbed of some of its luster. And when good sportsmanship is redefined as pretending the losers were in fact cheated, anger is hard to keep at bay.

Jonah Goldberg, I’m Not Going To Say I Told You So … But – The G-File


“But the judges!” you protest. Fair point: Trump’s absurd attempts to overturn the election through specious legal challenges were laughed out of court by the very men and women he appointed to the bench. Even his judges think he’s a joke.

Everybody has figured that out. Except you.

And so, goodbye, Donald J. Trump, the man who wanted to be Conrad Hilton but turned out to be Paris Hilton. Au revoir, Ivanka and Jared, Uday and Qusay — there’s a table for four reserved for you at Dorsia. So long, Melania — it’s still not entirely clear what you got out of this, but I hope it was worth it. A fond farewell to Ted Cruz’s reputation and Mike Pence’s self-respect, Lindsey Graham’s manhood and Fox News’s business model. In with “Dr.” Jill Biden, out with “Dr.” Sebastian Gorka.

Good night, ladies, good night, sweet ladies, good night, good night.

I’m sure we’ll all meet again. But I’d really rather we didn’t.

Kevin D. Williamson, Witless Ape Rides Helicopter


The great theme of the Trump years, the one historians will note a century from now, was the failure of America’s expert class. The people who were supposed to know what they were talking about, didn’t.

Barton Swaim, Trump and the Failure of the Expert Class – WSJ.

There is more than a little irony in Swaim speculating about future historians’ verdict on the Trump era. At least the experts he derides speculated about things that were testable over the short term, whereas Swaim speculates about something a century in the future.

That experts don’t know what they’re talking about, of course, correct, though they’re not demostrably worse than the WSJ guy at the end of the bar after his seventh shot.

This is why I will be reducing my consumption of news and punditry again now that we have survived Trump’s assault on Democracy (during which assault I just couldn’t help myself). I prefer my own delusional predictions to others’.

In with the new

In May 2016, the federal government issued a mandate that would require a doctor to perform gender transition procedures on any patient, including a child, even if the doctor believed the procedure could harm the patient. The mandate required virtually all private insurance companies and many employers to cover gender reassignment therapy or face severe penalties and legal action.

But there were two major insurance plans exempted from HHS’s mandate—the plans run by HHS itself: Medicare and Medicaid. Why? Research shows that not only are there significant risks with gender reassignment therapy – especially in childhood – such as heart conditions, increased cancer risk, and loss of bone density, but studies show that children with gender dysphoria found that fewer than 1-in-4 children referred for gender dysphoria continued to experience that condition into adulthood. Some grew out of it, but many of the children ended up realizing that they were not transgender but instead gay. The government’s own panel of medical experts concluded that these therapies can be harmful and advised against requiring coverage of these medical and surgical procedures under Medicare and Medicaid.

Sisters of Mercy v. Azar – Becket.

This is the sort of liberal groin piety I fear will be institutionalized in the Biden administration. It is quite mad, but it appears to be every bit as much Democrat orthodoxy as tax cuts are now Republican orthodoxy.


The late novelist Michael Crichton once wrote:

> Briefly stated, the Gell-Mann Amnesia effect is as follows. You open the newspaper to an article on some subject you know well. In Murray’s case, physics. In mine, show business. You read the article and see the journalist has absolutely no understanding of either the facts or the issues. Often, the article is so wrong it actually presents the story backward—reversing cause and effect. I call these the “wet streets cause rain” stories. Paper’s full of them.
>
> In any case, you read with exasperation or amusement the multiple errors in a story, and then turn the page to national or international affairs, and read as if the rest of the newspaper was somehow more accurate about Palestine than the baloney you just read. You turn the page, and forget what you know.
>
> That is the Gell-Mann Amnesia effect. I’d point out it does not operate in other arenas of life. In ordinary life, if somebody consistently exaggerates or lies to you, you soon discount everything they say. In court, there is the legal doctrine of falsus in uno, falsus in omnibus, which means untruthful in one part, untruthful in all. But when it comes to the media, we believe against evidence that it is probably worth our time to read other parts of the paper. When, in fact, it almost certainly isn’t. The only possible explanation for our behavior is amnesia.

True, true. It’s not just journalists, though, but all of us, about something. We don’t know what we don’t know.

Rod Dreher’s “Daily Dreher” Substack blog

So what is the purpose of the press? Is it merely to shape a consensus narrative, however removed from reality, that we can all live with?


Without doubt, there are non-Western groups that resist Western colonialism violently. But given that, in Selengut’s own account, the West is the aggressor, why is this not framed as an account of the violence of secularism? Or, if we take Selengut’s words about the proselytizing approach and religious conviction with which secularism is imposed on the rest of the world, why doesn’t Western secularism count as a type of religion? Either way, there is no basis for using this account of colonial violence and anticolonial reaction as evidence that the religious is peculiarly prone to violence in ways that the secular is not.

William T. Cavanaugh, The Myth of Religious Violence

[T]here is something in man that hungers for the exaltation of his own will, that thirsts after his own glory, something that longs for violence, for conquest and power — something that refuses to be civilized.

Treason: A Catholic Novel of Elizabethan England

You can read most of my more impromptu stuff here or join me and others on micro.blog. You won’t find me on Facebook any more, and I don’t post on Twitter (though I do have an account for occasional gawking).

Brave New World and its enemies

COME AND TAKE MY TURKEY, Ted Cruz exclaimed in one of the most asinine tweets ever shared on a platform that specializes in asininity. Dan Crenshaw said that Thanksgiving COVID restrictions should be met with organized resistance from individuals and businesses that feel unfairly oppressed. Rep. Lee Zeldin (R-N.Y.) echoed this call to flout the law, applauding a sheriff who is choosing not to enforce it. Rep. Chip Roy (R-Texas) wanted to prove that he could put on his big-boy pants by himself this year, saying “I will do whatever I want on Thanksgiving.”

Well here’s the deal, Chip and Lee and Dan and Ted: We all want to do what we want this Thanksgiving. But one thing that most people have learned by the time they are adults is that they don’t get to do whatever they want whenever they want. And this year, we are in the middle of a fucking pandemic that has killed over 260,000 people and is once again starting to overwhelm hospitals around the country, so our wants and desires conflict with the broader interests of our nation. It’s a concept that grown men would understand.

There’s No War on Thanksgiving – The Bulwark


[Aaron] said that he and his wife don’t allow their children to have smartphone access, and are criticized for it by others in their community. It’s as if the adults have decided among themselves that protecting their children from the basilisk is too hard, so they’ve agreed, however subconsciously, to shame any parents who don’t surrender.

Aaron told me that he is grateful to this blog for many things. One thing he said stuck with me: that it reminds him that he is not crazy, that the things he sees really are happening, that he is a sane man in a world gone mad.

Rod Dreher, A Sane Man In A World Gone Mad


What happens when Biden reaches the White House? That’s a doctrinal, as well as political, question. The debate centers, in part, on a Catholic Catechism statement: “Formal cooperation in an abortion constitutes a grave offense.”

“Grave” is a crucial term, since Catholic Canon Law states that those who are “obstinately persevering in manifest grave sin are not to be admitted to holy communion.”

The current Catholic leader in Washington, D.C., is Archbishop Wilton Gregory, who on Nov. 28th will become the first African-American cardinal. He told Catholic News Service that Biden received communion during his years as vice president and, “I’m not going to veer from that.”

Gregory pledged to maintain a dialogue in which “we can discover areas where we can cooperate that reflect the social teachings of the church, knowing full well that there are some areas where we won’t agree.”

Biden and the US bishops: Compromise crafted by ‘Uncle Ted’ McCarrick still in place — GetReligion

Parody

Wilton D. Gregory, the new cardinal-designate of Washington, D.C. said he would not prevent Joseph Biden, the Catholic president-presumptive who promotes abortion, from receiving Communion in the archdiocese.

“Hey, I’m a bureaucrat,” said the cardinal-designate. “It’s not as though I were a shepherd of souls or anything. If the gentleman is in peril of damnation, it’s no skin off my nose.” A twinkle in his eye, he added “We call that being pastoral.”

The cardinal-designate continued, “I don’t highlight one issue or another. It’s no different than if he supported, say, infanticide or the sexual abuse of minors.” He said that disagreements about such things as are part of “being a family, a family of faith.”

“Informed Catholics won’t be confused,” he asserted. “They’re smart. They don’t need me to tell them what the Church teaches.” When the interviewer asked about canon law, which specifies that anyone who facilitates abortion automatically incurs excommunication latae sententiae (just by the fact of doing so), the cardinal-designate replied “See? Like I said. You knew that already.”

The cardinal-designate declared, “The difficulty is that too many people want to call some Catholics unfaithful just because they discredit the faith of the Church. Like the Pope says, who am I to judge?”

“Besides,” he concluded, “non-Catholics and uninformed Catholics will respect the Church more if it doesn’t stand for anything.”

(See: In Washington, With New President, Cardinal-Designate Hopes For Dialogue)

J. Budziszewski, Parody: Cardinal-Designate Hopes for Dialogue with President-Presumptive | http://undergroundthomist.com


I just re-read Brave New World, which I consider a far more prescient dystopia than 1984.

It must have been decades since I last read it — time goes fast at my age — because I remembered so little of it. For instance, I did not remember the story of Linda and John — a big omission — or the Fordian Mass, a Neo-pagan mash-up of eucharistic worship and orgy.

In the revelatory meeting of the Savage and his fordship Mustapha Mond, I found again and again intimations of contemporary arguments I’ve read recently. Our society doesn’t look much like Huxley’s in many ways, but there are a few similarities.

“Have you read it too?” he asked. “I thought nobody knew about that book here, in England.” “Almost nobody. I’m one of the very few. It’s prohibited, you see. But as I make the laws here, I can also break them … “But why is it prohibited?” asked the Savage. In the excitement of meeting a man who had read Shakespeare he had momentarily forgotten everything else. The Controller shrugged his shoulders. “Because it’s old; that’s the chief reason. We haven’t any use for old things here.” “Even when they’re beautiful?” “Particularly when they’re beautiful. Beauty’s attractive, and we don’t want people to be attracted by old things. We want them to like the new ones.” “But the new ones are so stupid and horrible. Those plays, where there’s nothing but helicopters flying about and you feel the people kissing.” He made a grimace. “Goats and monkeys!” Only in Othello’s words could he find an adequate vehicle for his contempt and hatred.

The Savage was silent for a little. “All the same,” he insisted obstinately, “Othello’s good, Othello’s better than those feelies.” “Of course it is,” the Controller agreed. “But that’s the price we have to pay for stability. You’ve got to choose between happiness and what people used to call high art. We’ve sacrificed the high art. We have the feelies and the scent organ instead.” “But they don’t mean anything.” “They mean themselves; they mean a lot of agreeable sensations to the audience.” “But they’re . . . they’re told by an idiot.”


Even more than its dramatic and mystical worship, Orthodoxy is most at odds with this world in its fasts. The fundamental orientation of our modern Western world is: more, faster. There are left-wing versions of this and right-wing versions of this, and you can find them within plenty of churches. My own biases — in both my convictions and my instincts — pull me to the right, which means that I tend to be moralistic and intellectual in my Christianity. There is nothing wrong with having strong morals and cultivating the mind, but Christianity cannot be summed up in either a moral code or a philosophy (though there is a Christian moral code, and there are Christian approaches to philosophy). But that is not the whole of the Christian life and calling …

Similarly for those Christians whose biases draw them to what we identify as the political left, it is good to stand up for the weak (as Christ did), and to bring skepticism to the way we apply traditional moral codes (as Christ did, for example, when he challenged the mob about to stone the adulteress). But if we make idols of the weak and oppressed, forgetting that they too are sinners in need of a life-transforming encounter with the Word Made Flesh, or if we forget that Christ did not negate the Law, but rather fulfilled it, then we will fall short of the harmony to which we are all called.

So much of our religious anxiety is really about having to figure out how we can avoid doing the things we know we must, while still being obedient to God. We become religious minimalists, giving God only as much as we need to do to appease him, while keeping as much as we can for ourselves. This, as opposed to desiring as God himself desires. This, as opposed to living in reality.

Reconciling With The Really Real


Out of the crooked timber of humanity no straight thing was ever made.

Immanuel Kant

You shall love your crooked neighbour
With your crooked heart.

W.H. Auden

The worst judge of all is the man now most ready with his judgements; the ill-educated Christian turning gradually into the ill-tempered agnostic, entangled in the end of a feud of which he never understood the beginning, blighted with a sort of hereditary boredom with he knows not what, and already weary of hearing what he has never heard.

G.K. Chesterton

You can read most of my more impromptu stuff here or join me and others on micro.blog. You won’t find me on Facebook any more, and I don’t post on Twitter (though I do have an account for occasional gawking).

Potpourri 11/11/20

Audacious Plaintiff gets aptly smacked down.

If you want privacy, folks, you don’t go to court. You especially don’t go to court with a lurid complaint and then ask for privacy because the defense might be lurid, too.


Against fierce cultural and social pressures, you strive—with the help of grace, your pastors, and each other—to live the Catholic ethic of human love even as you experience same-sex attractions. Your efforts at fidelity bespeak deep faith, a powerful hope, and authentic love.

Living chastely—living what John Paul II called “the integrity of love”—is not easy for anyone in our licentious culture …

… unlike some others, you do not demand that truth bend to desire. With Flannery O’Connor, you know that “the truth does not change according to our ability to stomach it emotionally.” …

Just as importantly, you do not treat chastity as an ecclesiastical “policy issue” and you do not lobby within the Church for a change in “policy,” because you know that what is at stake here is truth: a truth that makes for happiness, genuine friendship, and, ultimately, beatitude ….

George Weigel, An Open Letter to the People of “Courage”.

I generally am not a fan of George Weigel, but to patronize First Things is to run into him constantly, and he does occasionally say something I agree with, as he does here. I do not endorse, though, some other parts of the same little piece; specifically, I’m not prepared to exonerate Pope Francis from charges of mischief.


My favorite “spy podcast” is Intelligence Matters. Today’s weekly was probably the best I’ve heard, not about spying so much as strategic intelligence about relations with China.

As Great Britain had to gingerly make room for the United States a century ago, so we may need gingerly to make some room for emergent China. New superpower, old analogies.


The worst judge of all is the man now most ready with his judgements; the ill-educated Christian turning gradually into the ill-tempered agnostic, entangled in the end of a feud of which he never understood the beginning, blighted with a sort of hereditary boredom with he knows not what, and already weary of hearing what he has never heard.

G.K. Chesterton, The Everlasting Man.

The sharpness of the observation isn’t immediately obvious to a lazy read. It fits today’s abandonment of churches by social climbers quite well.


The Centers for Disease Control updated its guidance on masks to indicate that masks protect the individuals wearing them, not just those around them. “Experimental and epidemiological data support community masking to reduce the spread of SARS-CoV-2,” the CDC’s website reads. “The prevention benefit of masking is derived from the combination of source control and personal protection for the mask wearer.” The number of people currently hospitalized with COVID-19 hit an all-time high yesterday, according to the COVID Tracking Project.

The Morning Dispatch

The disparity between the science on face masks and the political posturing about them frustrates me a lot. My common sense tells me they should help. The science seems to say they help, but a lot less than I’d have guessed. One of my scientifically smartest friends is not convinced that they help at all (and, scientist or not, is almost mystical about “face-to-face” encounter. No reductionist he.).

I wear one in many situations that make me look like a liberal (how weird to correlate things so!). I leave it off, even when singing as cantor at Church, if nobody’s within ten feet or so of me and I can sing away from the congregation (except for mask-mandatory liturgies, which we’ve added twice mosthly for the elderly or extra-cautious).

But the pandemic locally is the worst ever. Yesterday’s new-infection rate would have meant almost a third of the county getting Covid within a year if it continued unabated.


Here beginneth political punditry. If you are “soooo done with that”, or “just can’t even”, you may stop reading.

If you’re wondering why so many prominent elected Republicans are standing by TrumpWorld’s increasingly untethered to reality conspiracies about widespread voter fraud and election theft, Burgess Everett offers one explanation in Politico. “The party needs President Donald Trump’s help to clinch two runoff elections in Georgia on Jan. 5 that will determine the fate of the Senate GOP’s majority,” Everett writes. “And accepting the presidential results ahead of Trump, a politician driven by loyalty, could put Republicans at odds with the president and his core supporters amid the must-win elections down South.”

The Morning Dispatch

I’m sorry, but that’s not good enough. “Some things,” as Antonin Scalia said of his friendship with Notorious RBG, “are more important than votes.”


The day after the firing of the secretary of defense who resisted the use of troops against peaceful American protesters is probably not a great time for the secretary of state to joke about a transition to a “second Trump administration.” If he was in fact joking. Welcome to what the Republican party is in 2020—a threat to democratic order.

Mona Charen, There Is No Return to Normalcy – Ethics & Public Policy Center She delivers the goods, too.


[I]t’s … possible to make use of the [Devil] as a metaphor, an idea, treating it as the fanciful creation of culture as it tries to make sense of something real in human experience.

What is this something? It’s more precisely a someone — the kind of person who delights in wreaking havoc, who acts entirely from his own interests, and whose interests are incompatible with received norms, standards, restraints, and laws. Someone who actively seeks to inspire anger and animus, who likes nothing more than provoking conflict all around him, both to create advantages for himself and because pulling everyone around him down to his own ignoble level soothes his nagging worry that someone, somewhere might be more widely admired. This is a person who lives for adulation without regard for whether the glory is earned. The louder the cheers, the better. That’s all that counts. And so the only thing that’s a threat is the prospect of the cheers going silent — of someone else rightfully winning the contest for public approval.

Donald Trump is the demon in American democracy.

What makes Trump demonic? One thing above all: His willingness, even eagerness, to do serious, potentially fatal, damage to something beautiful, noble, fragile, and rare, purely to satisfy his own emotional needs. That something is American self-government. Trump can’t accept losing, can’t accept rejection, and savors provoking division. He wants to be a maestro conducting a cacophony of animosities at the center of our national stage because it feeds his insatiable craving for attention and power — and because, I suspect, he delights in pulling everybody else down to his own level.

That is a satanic impulse …

… He’s asserted that the Democrats stole the election without providing a shred of proof in even a single state to back up the incendiary accusation. The result? Seventy percent of Republicans are already prepared to say that the election wasn’t free and fair. Which means they are inclined to believe that the Biden administration is illegitimate even before it starts — because, as Republican Sen. Lindsey Graham of South Carolina put it on Monday night on Fox News, the Democrats are only able win power by cheating.

Damon Linker has been on a roll. I agree with Trump is a demonic force in American politics completely (except that I am a believing Christian, as Linker used to be, and so believe an an actual Satan).

It bothers me less that 70-some million voted for Trump than that some bitter-ender Christian-adjacent folks (i.e., heretics) believe “stolen election” and the prosperity gospelers’ maniacal insistence that this demonic man is God’s choice for America.


President-elect Joe Biden projected calm on Tuesday despite President Trump’s continued refusal to concede the election. “The fact that they’re not willing to acknowledge we won at this point is not of much consequence for our planning and what we’re able to do between now and January 20,” Biden said. He called Trump’s post-election behavior an “embarrassment,” adding that it “will not help the president’s legacy.”

The Morning Dispatch

That kind of heated rhetoric has just got to stop. I’ll give Biden 50 months to cut it out.


Out of the crooked timber of humanity no straight thing was ever made.

You shall love your crooked neighbour
With your crooked heart.

W.H. Auden


You can read most of my more impromptu stuff here or join me and others on micro.blog. You won’t find me on Facebook any more, and I don’t post on Twitter (though I do have an account for occasional gawking).

What do the two major parties really stand for?

There have been so very many arguments along the lines of the title of Politics Is More Than Abortion vs Character that I quickly abandoned it as unpromising.

Specifically, I stopped right after this:

The root problem is not that Trump is mean. The problem is that he is a nationalist, a problem that infects much of the right and thus will outlast Trump himself. Much of his meanness is not a character flaw so much as an ideological choice. Trump is mean because of what he believes about the world, about American identity, and about his fellow citizens.

I tend to disagree with that. I wouldn’t call it Trump’s meanness, but I think the “root problem” of the last four years has been Trump’s character, more specifically his toxic narcissism, which put us at risk of his fundamentally misunderstanding existential threats to the nation — understanding them in terms of how they make him look.

But then Winston Hottman, a thoughtful Baptist I’ve been following on micro.blog, quoted the conclusion:

The most urgent and most moral necessity in American politics is to dismantle the two-party system that artificially forces us into an impossible choice between two immoral options, neither of which represents a majority of Americans, embodies the aspirations of the American experiment, or articulates a vision of ordered liberty and human dignity. The American experiment is a miracle of political order, a miracle that is increasingly fragile and has no champions, no defenders, and no partisans in our contemporary political landscape except for the large and growing number of voters who reject the two parties who claim to govern in their name.

As an early recruit to the American Solidarity Party, I found that arresting enough to revisit the article.

The author, Paul D. Miller of the Ethics and Religious Liberty Commission elaborates his problems with nationalism, and makes plausible his belief that

[t]he political right has been prone to nationalism for decades; Trump only brought it out into the open. Trump’s bizarre and outsized personality make it seem like he is wholly unique and therefore that the nativism, xenophobia, and footsie-with-racism that has characterized his administration will go away when he leaves office …

Nothing in American history suggests that nationalism will simply go away. Racism, nativism, and xenophobia are persistent and strong tendencies in American political culture.

That’s more plausible than I anticipated when I stopped reading the first time. I will add to his comments four of my own:

  • The GOP has been mostly wandering, directionless, since the fall of European communism — trying to find some schtick that will stick with voters.
  • Where did birtherism come from if not from racism — Trump’s own or at least what he assumed about much of America?
  • Why did Trump malign a Hoosier-born judge of Mexican ancestry as ipso facto biased if not from xenophobia — his own or at least what he assumed about much of America?
  • What are the most prominent and vehement Trumpist Congressmen and Senators touting as they vie to become Trump’s successors? Josh Hawley, for instance (what a bitter disappointment he has been!)? Nationalism, that’s what.

As for the Left, its problem is

progressivism. Progressivism, like nationalism, is a totalistic political religion that is fundamentally inconsistent with the ideals of a free and open society.

Progressivism is best understood as a philosophy of history, a belief that history unfolds in the direction of progressive policy preferences. Today’s progressive elites act like a self-appointed vanguard commissioned by history to open up the next chapter in our story. Such a self-congratulatory, self-aggrandizing narrative has no moral horizon or framework and no way to justify what its policy preferences are, other than vague appeals to “the children,” “the future,” and “the right side of history,” which means whatever they want those empty phrases to mean on any given day.

Shorn of any fixed moral commitments, the goals of progressivism deteriorate into the lowest common denominator available within the rhetoric of freedom: individual autonomy, personal discovery, self-expression, fulfillment, and empowerment. Progressivism is an endless pursuit of ever-greater liberation, freedom, autonomy, and self-discovery.

That indictment is familiar and comfortable to me, but Miller goes on to elaborate its fundamental problems (just as he did with nationalism — a critique much less familiar and comfortable).

I commend Miller’s article, which you can read in twelve minutes (if Instapaper is right). It further solidified my “none of the above” stance in the last two Presidential cycles (including the one that ends today).

Yes, friends, the two major parties, as avatars of nationalism and progressivism respectively, have served us up a shit sandwich yet again as we vote today with each pretending to represent something other than what Miller identifies and warning of the destruction of America or even the whole world if the other is elected.

I said in 2016, after Trump’s election and probably after his coronation as GOP nominee, that a big political realignment was under way. At the time, I was thinking of what was happening between and within the two major parties, but I see hopeful signs that more and more people are fed up with them both, ready to entertain third parties.

At the same time, I have become increasingly convinced that the Libertarian party is little if any better — and maybe the worst of both. Its laissez faire economics (it seems to me, but perhaps “Libertarian” now is a term of art that designations something miles and miles from Murray Rothbard) will further gut the middle class while its lifestyle liberalism further immiserates the poor by making family formation even harder (with all that entails).

I have too little knowledge, current or semi-recent, to speak of other third parties except my beloved American Solidarity Party, which has made great strides in four years. It was actually on the ballot today in eight states, and certified for write-in votes in twenty-four more. 20 years ago, I couldn’t have imagined supporting some of its positions, had it existed then, but what we’ve got is broken in more ways than I can count, and ADP points the way to something more humane.


Out of the crooked timber of humanity no straight thing was ever made.

You shall love your crooked neighbour
With your crooked heart.

W.H. Auden


You can read most of my more impromptu stuff here or join me and others on micro.blog. You won’t find me on Facebook any more, and I don’t post on Twitter (though I do have an account for occasional gawking).

Chickens coming home to roost

Every single goal the gay-rights movement set out to achieve in my lifetime has now been won. Gays can marry; we can serve our country openly with pride; we are categorically protected from discrimination in employment and public accommodations in every state. Many once thought it would happen in reverse order, with employment discrimination barred before civil marriage was extended to gays and lesbians, but history has its surprises. Nonetheless, it’s done. Finished. Accomplished.

The Equality Act, the key piece of Democratic legislation designed to update the 1964 Act to include gays and transgender people, is therefore moot. The core goals have been accomplished without Congress needing to pass any new laws. What Gorsuch has achieved is exactly what that bill purports to legislate — except for the Act’s attempt to gut religious freedom, by exempting its provisions from the Religious Freedom Restoration Act of 1993. And that, surely, will be the remaining business: a battle between religious freedom and gay and transgender equality.

Andrew Sullivan, When Is It Time to Claim Victory in the Gay Rights Struggle?

Thus does it become salient that Evangelical fealty to Donald Trump and the GOP, flavored with Christian Nationalism, has given religion and religious freedom a particularly bad odor, and not just to the secularists of the ascendant Left.

* * * * *

Out of the crooked timber of humanity no straight thing was ever made.

* * * * *

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

“Because of … Sex”

I’ve tried to let go of my anxieties about things beyond my control, and I’m not doing too badly in my effort.

Part of my calm comes, ironically, from some political realism (call it fatalism if you must): my side lost the culture wars, at least for now and the near future, so there will be adverse legal and political consequences.

Those consequences likely will be worse because so many of the noisesome avatars of American Christianism have been humping Trump’s leg for 42 months, evoking disgust from normal and Left-abnormal alike.

That I wasn’t among them will give no impunity, partly because, God willing, if a knock comes in the night I’ll not say “No! Not me! I’m not that kind of Christian!” Like ’em or not, the leg-humpers are my distant spiritual kin, so to deny them in time of great peril is like denying Christ.

Another bit of calm comes from the realization that, consequences or not, for now and the near future cultural conservatives, mostly Christian, will almost certainly have it incomparably better than most Christians in the past. (This also means that “knock in the night” is pretty unlikely.)

By “past,” I do not mean “since the birth of Evangelicalism in the 18th and 19th century Great Awakenings.” I mean 2000 years of Christianity. Commemorating the Martyrs and Confessors in Matins each week has taught me that. Real believers will survive and perhaps thrive — although things could get worse than I imagaine so they’ll thrive by departing to be with Christ;  “winsome” don’t always feed the devil-dawg’s bloodlust.

But “not anxious” doesn’t mean “disinterested,” and I’m pretty keenly interested in yesterday’s Title VII  decision (hereafter “Bostock“).

“Not anxious” also doesn’t mean “oblivious” to ramifications that are going to roil the nation for a while. The ones that most get my attention are not the ramifications under Title VII, which deals with discrimination in employment in details I’m unfamiliar with, but ramifications on what sex discrimination prohibitions will mean, by exactly the same Bostock logic, in Title IX and elsewhere. Title IX, for instance, is where the “biological males in women’s locker rooms” specter arises, as not many employers have people getting naked in locker rooms, but most educational institutions do.

Nevertheless, I’m going to pretty much set aside such sequelae to focus on the decision, it’s logic, illogic, dissents and hints about the current court going forward. Sequelae may get comments when they come.

You can get a skillfully pared-down version (from 120 pages to 30) of the Bostock decision here, by the way. If you don’t at least skim it, don’t you dare make snarky remarks about any of the authors.


First observation: I see no sign of bad faith by any of the three authors. Cases don’t get to SCOTUS unless they’re difficult legally. Specifically, I repudiate demagoguery that Gorsuch was just being true to his elite class (What other class do we want on the court? Anyone who makes it onto any Federal Court is ipso facto subject to the “elitist” charge.) or sucking up to the NYT Editorial Board.

Indeed:

The decision was a remarkably clear illustration of several fault lines that persist within the conservative movement. First, there is the friction between textualism and originalism, two judicial philosophies that are often lumped together but that found themselves squarely opposed in this case.

Speaking for the textualists—those who eschew a law’s authorial intent to focus only on its explicit wording—Gorsuch’s argument was simple: Title VII forbids any and all discrimination on the basis of sex, and “an employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.” In short: If you are a business owner, and your female employees are allowed to date men, but you fire a male employee for dating a man, it’s hard to argue his sex was not a determining factor in your decision.

Speaking for the originalists—those who attempt to determine what the intent of a law was at the time it was passed—Justice Samuel Alito fervently disagreed: It was staggeringly plain, he argued, that not a single legislator who voted to codify Title VII would have considered discrimination “on the basis of sex” to include sexual orientation and gender identity. The very concepts would have been foreign to them.

That friction was nothing, however, compared with what became evident between the conservatives who praised Gorsuch’s decision as quality textualism and those who argued that it amounted to a betrayal of the whole point of getting Trump justices on the court: to get the right some policy wins.

… Tweeted Jon Schweppe of the social conservative American Principles Project: “I was told there would be winning.”

The Morning Dispatch: The Supreme Court Expands Discrimination Protections.

Left and Right seem agreed that SCOTUS is a political legislative body in disguise. Left and Right are wrong.


Commentary on the oral argument in Bostock last November:

The argument is this: If an employer would never fire Ginger for taking a romantic interest in men, but does fire George when it learns that he does so, it has treated him differently because of his sex. Similar arguments can reach the case of an employee’s gender identity.

You might call the phenomenon “surprise plain meaning”—a meaning of the text that the drafters did not intend or notice at the time. Every law student learns about this early on, as with the question of whether a “No Vehicles in the Park” rule covers bicycles, skateboards, or a statue of the general in his Jeep.

Of the five conservative Justices, Neil Gorsuch showed himself the most hospitable toward the plaintiffs’ case on Tuesday [i.e., oral arguments], and no wonder: as the most committed textualist, he’s the likeliest to see surprise plain meaning as beating legislative history.

The Supreme Court Is Not Debating Your “Humanity”. The comments on Gorsuch were prophetic, but certainly not unique.

I thought that the dissent by Justice Alito, who faulted Justice Gorsuch’s adoption of the Ginger and George logic, was quite persuasive. Take a deep breath for an argument that’s nothing like television smack-talk:

At oral argument, the attorney representing the employees, [Pam Karlan] a prominent professor of constitutional law, was asked if there would be discrimination because of sex if an employer with a blanket policy against hiring gays, lesbians, and transgender individuals implemented that policy without knowing the biological sex of any job applicants. Her candid answer was that this would “not” be sex discrimination. And she was right.

The attorney’s concession was necessary, but it is fatal to the Court’s interpretation, for if an employer discriminates against individual applicants or employees without even knowing whether they are male or female, it is impossible to argue that the employer intentionally discriminated because of sex. An employer cannot intentionally discriminate on the basis of a characteristic of which the employer has no knowledge. And if an employer does not violate Title VII by discriminating on the basis of sexual orientation or gender identity without knowing the sex of the affected individuals, there is no reason why the same employer could not lawfully implement the same policy even if it knows the sex of these individuals. If an employer takes an adverse employment action for a perfectly legitimate reason—for example, because an employee stole company property—that action is not converted into sex discrimination simply because the employer knows the employee’s sex. As explained, a disparate treatment case requires proof of intent—i.e., that the employee’s sex motivated the firing. In short, what this example shows is that discrimination because of sexual orientation or gender identity does not inherently or necessarily entail discrimination because of sex, and for that reason, the Court’s chief argument collapses….

I would paraphrase: “If an employer takes an adverse employment action for any reason that he considers legitimate in his sole discretion so long as it is not otherwise forbidden by law—that action is not converted into forbidden sex discrimination simply because the employer knows the employee’s sex.”


Legal experts who watched the arguments unfold weren’t entirely shocked that Gorsuch ruled as he did. The justice is well known as a textualist, someone who holds that the meaning of a law turns on the text alone, not the intentions of its drafters.

“What I saw in the argument [i.e., last November) was Gorsuch really struggling with the fact that the textual argument seemed really powerful to him,” Samuel Bagenstos, a University of Michigan law professor, told me. “There’s no way to think about sexual orientation discrimination without sex being part of it.”

Michelle Goldberg, Surprise! Justice on L.G.B.T. Rights From a Trump Judge


This is not a narrow ruling that just means you can’t fire a person for being gay. Extending civil rights law to protect a whole new category carries with it a host of ancillary protections.

… [T]he Bostock ruling won’t stay confined to employment law. The majority opinion protests, disingenuously, that “sex-segregated bathrooms, locker rooms, and dress codes” are “questions for future cases.” But federal law is full of prohibitions on sex discrimination (Justice Alito’s dissent lists over 100 such statutes), and every one of those will have to be reconsidered in light of today’s ruling.

Justice Gorsuch Just Opened Pandora’s Box


[L]et’s be honest: there was no leadership among the national Republicans. At least President Trump was willing to take the heat for a transgender military ban. But even he, and Republican politicians who supported him, did not articulate why they believe what they do.

If they can’t or won’t talk about these things substantively, it’s no wonder that people think it must be what Justice Anthony Kennedy once called “irrational animus.”

Again, I ask you: what, from a social conservative viewpoint, is the function of the Republican Party? Maybe:

  • to separate conservative Christians from their money and their votes
  • to dose Deplorables anxious about cultural decline with the Pill of Murti-Bing, a drug that induces a sense of happiness and blind obedience

What else?

Rod Dreher, Religious Conservatism’s Potemkin Power (emphasis added).

The problem is not just that your run-of-the-mill Congressional hack can’t talk about these things substantively, but that even the good arguments of people like Ryan T. Anderson are greeted with slack-jawed refusals of comprehension and then dismissed as lipstick on an irrational animus pig. (That this treatment is the real irrational animus is, of course, a posssibility that must not be uttered.)


Some conservative Evangelicals who work at Evangelical institutions (they told me their names and affiliations) have reached out to me tonight after reading this. Their collective view: [Bostock] is a real moment in which we can see the slow-motion collapse of conservative Evangelicalism.

Dreher, supra. Tacit admission that “Evangelical” is now a political label, not religious?


This decision hands LGBT activists the coercive machinery of civil rights law.

R. R. Reno


Interesting point about Bostock: It assumes that the original public meaning of “sex” in Title VII was “status as either male or female [as] determined by reproductive biology.”

In other words, it assumes the “gender binary” that some idiots pretend to find problematic. That assumption is not incidental, but central, though I’ve only heard one comment on it so far. From such subtle acorns mighty legal oaks may grow.

So the gender identitarians may have won a legal battle while losing a philosophical war (with future legal consequences to be determined).


Bostock‘s “textualist” (whether is is sound textualism is contested by the dissenters) decision on the meaning of “because of … sex” vindicates Phyllis Shlafly’s opposition to ERA on the basis of what the cognate “on account of sex” would come to mean.


Finally, I remember the rent garments, weeping, and gnashing of teeth among religious liberty advocates (including me) when Scalia in Employment Division v. Smith overruled Wisconsin v. Yoder (he pretended to be drawing out its real meaning, but nobody was fooled).

But it turned out that — well, let’s just say that for a couple of decades Employment Division v. Smith changed legal strategies and theories, but not many outcomes. Then Scalia’s imagination met its match in categorical bans on discrimination that cleared his “neutral law, general applicability” threshold.

Similarly, some people claim to see signs that Catholic Gorsuch has enhanced protections of religious liberty concealed in his coat pocket, ready for an appropriate case to apply them. Basically, they’re saying that he’s ready to create a judicial version of the rarely-successful “Fairness for All” legislative approach to the long struggle between sexual liberation and religious freedom.

Since the religious liberty cause has fared poorly in courts and commissions, obsessed as they seem to be with vindicating a right of sexual minoritiess to live life unaware that anyone disapproves for any reason,  I would like that more than a little.

UPDATE: Here’s David French talking, among other things, about the potential “Fairness for All” jurisprudential coup.

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Out of the crooked timber of humanity no straight thing was ever made.

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This (sigh!) is as good as it gets

I’ve been waiting for decades for the orthodox to rout the progressives in a denominational split — which amounts to waiting for the progressives to overplay their hand just once.

The usual progressive ploy is to plead for dialog — again and again for as long as it takes to wear down the orthodox — then to give false assurances of pluralism once their heresy or immorality is grudgingly afforded the status of an option, then to crush the orthodox when they gain power. Or as Neuhaus’s Law puts it, “Where orthodoxy is optional, orthodoxy will sooner or later be proscribed.”

It looks like the United Methodist split over homosexuality and same-sex marriage is as close as we’re going to get to an orthodox rout, and even there the progressives are keeping the denomination name (which may prove a blessing in the long run):

This week, a group of church leaders announced a plan for the dissolution of the worldwide church that would allow conservative congregations and conferences to leave the main body and join a new conservative denomination. Under the proposal, the UMC would give the new denomination $25 million and allow departing congregations to keep their property, and departing clergy, their pensions.

(Law & Religion Forum) Keeping property and pensions, and getting a farewell gift to boot, is a smashing victory — relatively speaking.

God bless the Africans, who forced the progressives (a majority in North America) to sue for “peace.” My great-grandchildren may someday need to be evangelized by missionaries from the global south.

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I must also issue a caveat at this point, because the dominant media falsely make disputes like this a matter of good guys versus wicked homophobes.

David French provides an easy way to do so:

The true fracturing point between [progressive and orthodox] churches is over the authority and interpretation of scripture. The debate over LGBT issues is a consequence of the underlying dispute, not its primary cause … [T]here is a strain of Protestant Christianity that views the Bible as valuable but not infallible or inerrant. Evangelical Christians, by contrast, strongly dissent from that view.

Thus, at heart, the disagreement between the [orthodox and progressive] isn’t over issues—even hot-button cultural and political issues—but rather over theology. Indeed, the very first clause of the United Methodist Church’s nine-page separation plan states that church members “have fundamental differences regarding their understanding and interpretation of Scripture, theology and practice.” …

I’m not for a moment going to pretend that there aren’t homophobes and bigots in [orthodox Christianity]. I’ve encountered more than a few people who turn a blind eye to or rationalize and excuse all manner of heterosexual sin while scorning their gay and lesbian friends and neighbors. But for the thoughtful and faithful dissenters on both sides of the theological aisle, sexuality is the side issue. Differences over scriptural authority and biblical theology represent the central dispute.

Orthodox Christian sexual ethics have absolutely nothing to do with animus against gays and lesbians. In fact, there should be zero animus against any person of any sexual orientation or gender identity. Instead, the orthodox Christian sexual ethic—which reserves sex for the marriage between a man and a woman—rests on a sincere conviction that it is not only directly commanded by God through scripture, it’s also best for human flourishing, and it is symbolic of the sacred relationship between Christ and His Church.

And then caveats to the caveat:

French is an Evangelical, which characteristically (and in French’s case) involves a fair amount of parochialism and ecclesiological cluelessness. So I have modified his over-simplified contrast between Evangelicals and Mainstream Protestants to refer to orthodox and progressive more broadly.

Second, for Catholics and capital-O Orthodox, the scriptural teaching on sexuality is important but not all-important, because each Church’s tradition is consistent about the meaning of sexuality. Were I still Protestant, however, I would stand with the lower-o orthodox, because the case that scripture is unclear is dishonest. Here’s an admission against interest to that effect:

I have little patience with efforts to make Scripture say something other than what it says through appeals to linguistic or cultural subtleties. The exegetical situation is straightforward: we know what the text says… . [However] we must state our grounds for standing in tension with the clear commands of Scripture… and appeal instead to another authority when we declare that same sex unions can be holy and good. And what exactly is that authority? We appeal explicitly to the weight of our own experience and the experience thousands of others have witnessed to, which tells us that to claim our own sexual orientation is in fact to accept the way in which God has created us.

(Pro-gay Roman Catholic scholar Luke Timothy Johnson)

That will have to suffice, for everything eventually connect to everything else, and I don’t have an eternity to qualify and ramify.

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Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.