Nice little state you’se got dere, Governor Pence

Had the only appreciable opposition to RFRA come from gay rights activists, RFRA would have been a smashing political success for Republicans. It would have made the right enemies while generating gratitude and energy in the base. They did not expect their usual friends in corporate America to join the opposition …

The decision by Apple, Walmart, Eli Lilly, Angie’s List, and so on was abusiness decision—even more, a marketing decision. Coming out in opposition to the Indiana RFRA law was one of the shrewdest marketing coups since E.T. followed a trail of Reese’s Pieces. The decision to #BoycottIndiana was not made because it was the politically courageous thing to do; it was made because it was the profitable thing to do. The establishment could express support for a fashionable social norm while exerting very little effort, incurring no actual cost, and making no sacrifice to secure the goal. It had the further advantage of distracting most people from the fact that corporations like Apple have no compunction doing business in places with outright oppression of gays, women, and Christians. Those real forms of repression and discrimination didn’t matter; Indiana’s purported oppression of gays did …

We saw fully unmasked just who runs America, and the kind of America that they are bringing more fully into reality every passing day. It will be an America where the powerful will govern completely over the powerless, where the rich dictate terms to the poor, where the strong are unleashed from the old restraints of culture and place, where libertarian indifference—whether in respect to economic inequality or morals—is inscribed into the ­national fabric, and where the unburdened, hedonic human will reign ascendant. No limits reflected in political, social, or religious norms can be permitted: All are allowed except those who would claim the legitimacy of restraint.

(Patrick Deneen, The Power Elite)

Separate coalitions are forming to represent distinct interests — the newest being Indiana Competes, announced Wednesday, which will make the business case for adding civil rights protections for lesbian, gay, bisexual and transgender Hoosiers …

Like Freedom Indiana, Tech for Equality and powerful business interests such as Lilly, Columbus, Ind.-based diesel-engine maker Cummins and the NCAA, Indiana Competes wants the General Assembly to adopt what’s becoming known as “full protections” — the addition of sexual orientation and gender identity as protected classes in the areas of housing, employment and public accommodations …

Last week, the influential Indiana Chamber of Commerce, which represents businesses statewide, announced its support for an expansion of LGBT protections …

“We prefer to speak for ourselves,” said Indiana Chamber president Kevin Brinegar. “We’ll advocate our position and do it parallel to any other organization’s.”

The Indiana Chamber’s reasons for supporting sexual orientation and gender identity protections align with the same economic argument as Indiana Competes — that the expansion of the civil rights law would be necessary to keep Indiana competitive in the recruitment, attraction and retention of talent.

(Indianapolis Star via Lafayette Journal & Courier, November 12; link probably wouldn’t work if I tried.)

I’m going to thrown down my hoary gauntlet once more: where is the evidence of systemic discrimination, crying out for legislative remediation, based on these sexual and gender ephemera, in employment, housing, public accommodations or education? In my Hoosier hometown, in 22-some years since addition of sexual orientation to our human relations ordinance, I don’t believe there has been a single violation found — though there have been allegations ranging from dubious to absurd (e.g., accusing our local Kinko’s of sexual orientation discrimination when it was famously crawling with LGBT stereotypes in that era).

Religious belief that sodomy (gay or generally) is sinful doesn’t count unless it enters the marketplace. Historically, the occasional oddball discriminator in the marketplace doesn’t even count; the only problems warranting anti-discrimination laws have been de jure (e.g., Jim Crow) or those so systemic, widely- and deeply-rooted as to have an adverse economic (not psychic) affect on those suffering discrimination.

The Chamber of Commerce argument, to be blunt, is circular: we want this because our kind of people want this. Freely paraphrasing Apple’s Tim Cook, “Nice little state you’se got dere, Governor Pence. It’d be a real shame if anything bad happened to it, like #BoycottIndiana. Capiche?”

The eventuality of this “full protection” against discrimination, based on vague laws tied to invisible and subjective traits, is the kind of kangaroo courts that now infamously privilege putative victims of microaggression in campus proceedings (this, for instance). Heck, as they say on the internet these days, “‘Gender Identity’ don’t real” (arguably). But Social Justice Warriors (this seems to be the current term) will use these laws with impunity to harass enough culture war dissenters to chill further dissent. And Corporate America will get a free pass on other sins (think “Bill Clinton’s immunity from feminist outrage for sexual predation because he favored abortion”).

Once more, Ayn Rand’s one moment of moral sanity (in a life otherwise full of self-absorbed dissipation) gets vindicated:

Did you really think that we want those laws observed? . . . We want them broken . . . . There’s no way to rule innocent men.  The only power any government has is to crack down on criminals.  Well, when there aren’t enough criminals one makes them.  One declares so many things to be a crime that it becomes impossible to live without breaking laws.  Who wants a nation of law-abiding citizens?  What’s there in that for anyone?  But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted — and you create a nation of lawbreakers — and then you cash in on guilt.

(Ayn Rand, Atlas Shrugged, emphasis added)

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“In learning as in traveling and, of course, in lovemaking, all the charm lies in not coming too quickly to the point, but in meandering around for a while.” (Eva Brann)

Some succinct standing advice on recurring themes.

Tuesday, 9/8/15

  1. Kim Davis fatigue
  2. Fox News Conservatism
  3. A nation buried within another
  4. Ted Cruz lie update
  5. How best to do charity
  6. Define “evangelical,” please
  7. Evangelical modernists (but I repeat myself)
  8. What the Monday holiday was all about

Continue reading “Tuesday, 9/8/15”

Kim Davis

Everyone apparently feels obliged to have and to express an opinion on clerk Kim Davis down south of here in Kentucky.

For my money, Jonathan Adler at the Volokh Conspiracy, quoting Justice Scalia, nails it:

Writing in “First Things” in 2002, Scalia explained that if he were to conclude that the death penalty is fundamentally immoral, he should no longer serve on the bench.

[W]hile my views on the morality of the death penalty have nothing to do with how I vote as a judge, they have a lot to do with whether I can or should be a judge at all. To put the point in the blunt terms employed by Justice Harold Blackmun towards the end of his career on the bench, when he announced that he would henceforth vote (as Justices William Brennan and Thurgood Marshall had previously done) to overturn all death sentences, when I sit on a Court that reviews and affirms capital convictions, I am part of “the machinery of death.” My vote, when joined with at least four others, is, in most cases, the last step that permits an execution to proceed. I could not take part in that process if I believed what was being done to be immoral. . . .

[I]n my view the choice for the judge who believes the death penalty to be immoral is resignation, rather than simply ignoring duly enacted, constitutional laws and sabotaging death penalty cases. He has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of his own. Of course if he feels strongly enough he can go beyond mere resignation and lead a political campaign to abolish the death penalty” and if that fails, lead a revolution. But rewrite the laws he cannot do.

Davis is in a similar position. Her official position obligates her to take part in the state’s licensing and recognition of marriages. Insofar as the state’s definition of an acceptable marriage differs from her own, Davis is obligated to follow the state’s rule so long as she maintains her current office.

Think of it this way. Someone who objects to war due to his religious conscience has a right to be a conscientious objector and not serve in the military, even were there to be a draft. But he does not have the right to serve as a military officer, draw a paycheck from the military and then substitute his own personal views of when war is justified for that of the government. The same applies here.

(Emphasis added)

This is nothing new and it is not rocket science. C.S. Lewis made a very similar point back in the 1940s or earlier, in discussing Christian ministers who had, over the course of time or by some little epiphanies, lost their Christian faith. Giving them full faith and credit for the sincerity of their apostasy, he nevertheless said the to retain their integrity, they needed to resign the ministry. They had no right to continue hypocritically affirming, or  slyly subverting, the faith to whose ministry they had been called.

If I had  unlimited time, I could tilt at windmills by arguing that the federal judicial imposition of same-sex marriage nationwide is a nullity because it was an illegitimate exercise of power by a branch of government that’s not competent to make marriage law.

Or I would magnanimously concede, maybe, that Obergefell (and only he) was entitled to a marriage license, in which argument one ought to hear the echoes of Abraham Lincoln conceding that judicial finality meant that Dred Scot remained a slave, while the status of others in similar situations remained to be litigated. But it looks as if it’s going to be a very long time before anyone other than cranks like me is willing to listen to that argument.

Meanwhile, Sir Thomas More in A Man for All Seasons telling Roper why he’d give the Devil the benefit of the law, has the winning argument:

This country’s planted thick with laws from coast to coast—man’s laws, not God’s—and if you cut them down—and you’re just the man to do it—d’you really think you could stand upright in the winds that would blow then?

Notably, not a single one of the bloggers I read has defended Mrs. Davis, and the bloggers I read are overwhelmingly conservative as opposed to same-sex marriage. That ought to tell you something about whether Mrs. Davis is going to become the darling of the Right.

UPDATE: One Very Right Orthodox Tweeter I follow wishes there were 1000 Kim Davises and an anti-abortion website reports, as if it’s newsworthy, that Carly Fiorina and Lindsey Graham think she should issue the licenses or resign.

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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)

Some succinct standing advice on recurring themes.

First Things Dump (with bonus track)

I’ve read the new First Things. That means the old one should be entirely up online now.

Let’s see, now …

Yup. Time for a First Things dump. (Items 5 though 8 may not yet be available if you’re not a subscriber; they’re from the current issue.)

  1. Our Carrie Nation
  2. The Metaphysical Revolution
  3. Speaking of Hysteria
  4. The Power Elite
  5. Protestant, Catholic, Jew
  6. The Americanization of ­Christianity
  7. Facing the Unborn
  8. Is the Para male or female?
  9. Bonus track

Continue reading “First Things Dump (with bonus track)”

Tuesday, 7/21/15

  1. Consistency
  2. Education in the new America
  3. Obergefell’s substantive due process
  4. Greek conservatives and leftists both vindicated
  5. Proto-libertarianism in America
  6. Divorcing economics and ethics
  7. Freeloaders
  8. The Straight and Narrow

Continue reading “Tuesday, 7/21/15”

Fair play

“I feel that by forcing us to change our constitution of being a Christian makes me feel unsafe and restricted about practicing my beliefs,” said Ng. “I find the derecognization very unfair and it doesn’t consider the values of religious groups or other groups that value traditions of leaders.”

(Katrina Ng, a Bible Study leader for InterVarsity Christian Fellowship at San Jose State University, I believe) Eagle-eyed David Bernstein spotted (or someone finked on Ng) this first recorded instance of a Christian attempting the “unsafe” ploy.

I have a soft spot for IVCF, in which I was a student leader and where I met Mrs. Tipsy. Please, Brothers and Sisters, let’s not make this a trend. “Turnabout is fair play” only works where the other side wants to play fair.

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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)

Some succinct standing advice on recurring themes.