Monthly Archives: March 2013

Gay Marriage, Religious Rights, and Freedom of Association

(Re-post: originally posted November 23, 2008)

California’s Proposition 8, the ballot measure aiming to outlaw same sex marriage, passed on a very close vote. Prop 8’s supporters* pushed a campaign of fear, misinformation, and a complete distortion of the meaning of individual liberty. This campaign commercial is typical of the intolerance and hysteria being promoted from the “yes” campaign.

Argument #1: Churches could be forced to marry gay people.

Argument #2: Religious adoption agencies could be forced to allow gay couples to adopt children; some adoption agencies would close their doors as a result.

Argument #3: Those who speak out against gay marriage on religious grounds will be labeled “intolerant” and subjected to legal penalties or social ridicule. Careers could be threatened.

Argument #4: Schools will teach students that marriage is between “party a” and “party b” regardless of gender. Schools also teach health and sexuality and would now include discussions of homosexuality.

Argument #5: There will be “serious clashes” between public schools and parents who wish to teach their children their values concerning marriage.

Argument #6: Allowing gays to marry will restrict or eliminate liberties of “everyone.” (Example: Photographers who do not want to work at same sex weddings)

Argument #7: If Prop 8 fails, religious liberty and free speech rights will be adversely affected.

My response to these arguments is that we should be advocating for more freedom for everyone rather than restrict freedom of a group or class of people. The state should recognize the same contract rights** for a gay couple as it would between a man and a woman. To get around the whole definition of marriage issue, I would propose that as far as the state is concerned, any legally recognized intimate relationship between consenting adults should be called a “domestic partnership.” From there the churches or secular equivalent to churches should have the right to decide who they will marry and who they will not (just as they do now).

Rather than subject an individual’s rights to a vote or either party forcing their values on the other, we should instead advocate freedom of association and less government in our everyday lives. Somewhere along the way, we as a people decided that the government should involve itself more and more into the relationships of private actors. The government now has the ability to dictate to business owners quotas of who they must hire, family leave requirements, how much their employees must be paid, and how many hours they work (among other requirements). For the most part, businesses which serve the public cannot deny service to individuals for fear of a lawsuit.

A return to a freedom of association society would remedy arguments 1, 2, 6, and 7 from this ad. As to Argument #3, the anti-gay marriage folks are going to have to realize that in a free society, they are going to have to deal with “social ridicule”*** or being called intolerant. Anyone who takes a stand on any issue is going to be criticized and called names. In a freedom of association society, an employer would have every right to decide to layoff individuals who hold views or lifestyles they disagree with.

While we’re on the subject of intolerance, perhaps we should take a moment to consider if people who would deny equivalent rights which come with marriage are intolerant. This ad is exactly the same as the previous ad except that the words “same sex” and “gays” have been replaced with “interracial.”

Believe it or not, there was a time in this country when there were such laws against interracial marriage. Those who argued against interracial marriage made very similar arguments to what the anti-gay marriage people are making now. Today most of us would say those people were intolerant.

Intolerance aside, Arguments 4 and 5 can also be answered by reducing the role of government in our lives. What the “yes” people should be arguing for is a separation of school and state. While we as a nation are trending toward more government involvement in K-12 education, those who do not want the government schools to teach their children the birds and the bees or enter into discussions of homosexuality can put their children in private schools which share their values or home school. School Choice is the obvious answers to these concerns.

Prop 8’s supporters have turned the whole idea of individual liberty on its head. They claim that in order to preserve the rights of the greatest number of people a minority of people necessarily must sacrifice their rights. This is absurd and dangerous. Perhaps it is this complete misunderstanding of individual rights among Californians which contributed to Prop 8’s passage.

When explained properly, the rights of life, liberty, and property is the easiest concept to understand.

Hat Tip: The Friendly Atheist

Posted Elsewhere:

Dan Melson @ Searchlight Crusade has written a very thought provoking post on this issue. Some of his arguments I agree with, others I don’t but all of his points are well argued.

» Read more

Fossil Fuels Are Making the Planet…Greener?

When it comes to many of the issues concerning the environment, particularly global warming I’m very much in the “I don’t know” camp (though if I must pick a side, I’m skeptical about the phenomenon of anthropological global warming). Why don’t I know, after all, this is “settled science” right?

I don’t know because, sadly, I believe government involvement has compromised the scientists. Politicians want scientists to arrive at a certain result, therefore; those scientists who make claims which coincide with the politicians get the big grants. Another reason I don’t know is because I am not a scientist and I don’t even play one on TV.

That being said, there is one environmental concern that policy makers have wanted to “correct” that never made sense to me: too much CO2 gas released into the atmosphere. While I am not a scientist, I do recall learning in science class many years ago that 1.) animals and humans exhale CO2 and 2.) plants need CO2 to survive. If this is true, shouldn’t additional CO2 being released into the environment be good for the environment regardless of if the source of the emissions is from fossil fuels or anything else?

Apparently, I’m not the only person who has thought about this. In the video below, Matt Ridley explains that the increased CO2 emissions have made the planet, wait for it….greener! Literally.

This may seem counterintuitive at first but his explainations for why he says this is the case makes perfect sense to this non-scientist.

Titles Wrong, Concept’s Right



This illustrates the fundamental flaw of all authoritarian philosophies quite handily… The author titles is as “anarchy in one lesson”, but actually it’s liberty in one lesson.

This is the problem with people who consider themselves anarchists… They don’t actually understand what anarchy is (and that it is in fact one of the WORST and LEAST fee states of man).

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

This is…

…why I don’t trust people who want power:

By mid-May Steve [Heymann] was acting weird. None of his raids seemed to have turned up what he wanted. Aaron’s lawyer was talking to JSTOR, which had found him through Steve. We had contacted people to talk to JSTOR, eminent people, many of whom were shocked by what was happening. JSTOR was key to the prosecution, it was the victim, and we were winning them over. Steve had agents drop off a warrant made out to Aaron [Swartz], rather than law enforcement. It demanded the JSTOR documents, with the location for serving the warrant left blank. Aaron showed it to me, and we tried to interpret it in bewilderment. Warrants are executed by officers, not suspects. Aaron then told me Steve had threatened to get him arrested for contempt of court if he didn’t turn over JSTOR files. It was all tricks and lies, but it just seemed crazy at the time. But tricks and lies are part of prosecutions, allowed, and perhaps even encouraged, by prosecutorial immunity.

Read the whole thing.

Quote of the Day: Pye r Squared Edition

Former Liberty Papers contributor and Editor-in-Chief of United Liberty Jason Pye has been making the rounds lately speaking at FreedomWorks’ Spring Break College Summit in Washington D.C. and interviewing leaders in the liberty movement such as Cato’s David Boaz, Sen. Mike Lee, and Igor Birman.

Here’s just an excerpt from his recent speech entitled: “Standing on the Sidelines is Not an Option for the Freedom Movement”

Recently, I had dinner with a friend and we were talking about some of the issues in the freedom movement, including the resistance to those who are interested in our message. He explained that he found it odd that those who are the most likely to quote Ludwig von Mises and F.A. Hayek are the same people who face so much animosity from some people in our movement. I completely agreed with his assessment.

In his book, Capitalism and Freedom, Milton Friedman explained why economic liberty serves as the basis for a free society. From where I stand, it makes no sense for any of us to be fighting amongst ourselves when the very basis of liberty is under attack. We should have discussions along the way about ancillary issues, but we have to understand that person who disagrees with us on 10% or 20% of issues is not our enemy.

Very well said, Jason.

136 Companies Band Together to Close “Police Loophole”

Just about everyone has heard of the “gun show loophole” by now but there’s another gun loophole that some of the gun manufacturers themselves with to close: the police loophole.

What exactly is the police loophole? According to thepoliceloophole.com, this is the site’s definition:

There are some states, counties, cities, and municipalities in our great nation that fail to allow their citizens to fully exercise their right to keep and bear arms with restrictions such as magazine capacity or types of firearms. However, these government entities do not place these restrictions upon their own employees, such as police officers.

Now that the police loophole has been identified, what are the people behind the site planning to do about it? They have compiled a list which they describe:

This is a list of companies that have taken the step to publicly announce that they will not sell items to states, counties, cities, and municipalities that restrict their citizens rights to own them; therefore closing the “police loophole” themselves. It is important to note that we are against gun control; we are not against any particular government agency or individuals.

I cannot express how much I love this idea. So far, there are 136 firearms companies (primarily) on the list; 136 companies using a market approach to fight back against government at all levels that would infringe on the rights of an individual to bear arms. One might say they are “going Galt” by not selling their products to the very government that would disarm us. It’s a bold move and I’m sure this will cost these companies a good deal of money (who knows, some might go out of business…let’s hope not).

So if you are in the market for a new firearm, ammunition, magazine, or whatever, check the list and patronize these companies. And be sure to thank them for making this courageous stand against tyranny.

‘Super Epic’ Tweet of the Day

There’s some really great tweets about Sen. Rand Paul’s filibuster. So far, this is my favorite:

A Few Personal Observations From a Contentious Town Hall Meeting

This past Saturday, I decided to meet up with Colorado Libertarian Party members to take part in a town hall meeting at the Smoky Hill Library in Centennial, Colorado. Several members of the state legislature hosted the event: Sen. Nancy Todd (D-Sen. Dist. 28), John Buckner (D-House Dist. 40), and Su Ryden (D-House Dist. 36). Senate Majority Leader, Morgan Carroll (D-Dist.29) was a no show.

When I received the invitation, in my inbox, there were 11 others who RSVP’d to attend the event. I really had no idea if we would be the only individuals in attendance who would challenge these legislators or if we would be in good company. All I knew was all of these legislators would be Democrats in favor of most, if not all, of the gun control measures (at least in principle) being considered at the state capitol. I fully expected that we would be crashing their party.

As it turned out, the Colorado Libertarians who responded to the Meetup invitation were not the only party crashers (I’m not entirely clear on who was part of ‘our group’ and who wasn’t). Before the meeting, several of  us were outside with our pro-gun rights signs. Rep. Ryden and Sen. Todd were kind enough to talk with us briefly before the meeting started.

Just before the meeting started, we were advised to write down our questions on the 3X5 cards the meeting organizers provided to us rather than take random questions from the citizens. As the meeting progressed with a small number of the questions being read, many in attendance were not too pleased with this “I thought this was supposed to be a town hall meeting,” one person complained. About halfway into the meeting after several unsatisfactory answers from the legislators concerning the right to bear arms, one elderly gentleman stormed out.

Throughout the meeting, the legislators tried to steer the discussion toward other issues but a very vocal section of the crowd would have none of it, routinely interrupting their responses saying things like “Our rights don’t come from you, they come from God!” and “You aren’t tak’n mah guns!” etc.

I cannot say for sure if the majority of those in attendance were opposed to the upcoming gun control legislation but they certainly were louder than the supporters. While I certainly agreed with much of the sentiments being expressed toward the law makers and was very pleased that they made it known to them that some Coloradans aren’t too keen on the idea of registration, magazine limits, the proposed “Assault Weapon Responsibility Act” (liability for owners, sellers, and manufacturers of ‘assault weapons’ and ammunition – the most asinine of the seven bills being considered IMO), etc. I have to say that their antics probably didn’t win over anyone who was on the fence. They certainly didn’t change the minds of the legislators when they were being called “Socialists.”

Don’t get me wrong, I understand that this is a very emotional issue and those of us who favor the right to bear arms feel like we have been backed into a corner. Before the bodies of the precious school children were even cold at Sandy Hook Elementary School, the media and the gun control advocates demanded that our elected officials “do something” to make sure this “never happens again.” They made us out to be the bad guys. I fully understand that it can be emotionally satisfying to lash out at these people in a public forum. If the goal was to give these individuals an ear full, then let me put on my flight suit ala George W. Bush and say “mission accomplished.”

My goal, however; was somewhat different. I was hoping to have an intelligent discussion with these people about these proposals. I was hoping to point out to both the legislators and those in attendance that according to the FBI, violent crime in 2011 was at a 19-year low (I believe it was Rep. Buckner who erroneously said that violent crime was increasing). I also wanted to point out that out of all the homicides in the U.S. in 2011, so-called “assault rifles” made up for perhaps 2% of the total and that every school campus will have one murder every 12,000 years. It seems to me that the Democrats, who control both the executive and legislative branches in Colorado, are proposing solutions in search of a problem.

Those were the points I hoped to get across. Fortunately, I did manage to have a civil discussion with Rep. Ryden after the meeting. She was kind enough to allow me to give her a printout of these statistics, the blog post I posted here last week, and my contact information. We shook hands and I thanked her for her time.

Did I make an impression on her? Maybe. I would like to think that  she was more open to listen to my point-of-view as opposed to saying things like “you’re not tak’n mah guns!”

Will she ultimately change her mind? Probably not. But if we want these people to take us seriously, to consider another viewpoint, and if we don’t want these people to think we are the fools the media makes us out to be, we need to stop acting like fools. We should leave that to the other side.