Category Archives: Abortion

Hobby Lobby

Now, before you all lose your collective shit, I want to remind everyone of one critical fact:

The Supreme Court doesn’t exist to make the morally right decision.

I’m going to repeat that, blockquote it, and bold the damn thing because it’s that important.

The Supreme Court doesn’t exist to make the morally right decision.

Now, I know that this may come as a shock to most of America. But then, Americans have never exactly had a good grasp of civics. In fact, some of the worst law comes from the Supreme Court trying to work a moral decision into the law. When you already know the outcome you want, and you start looking for any legal justification you can muster for that outcome, you’re bound to stretch in the wrong places.

No, the Supreme Court exists to make the legally right decision. And no matter your view on Obamacare, the mandate, religious liberty, and contraception, I think the Court in this case made an entirely justifiable decision that is consistent with the law.

Let’s break it down.

  1. Congress has declared in the ACA a compelling government interest in ensuring that women have insurance coverage for contraception.
  2. They have created a national health insurance mandate forcing employers (of a certain size, etc etc) to cover the cost of said contraception.
  3. In 1993, Congress passed the Religious Freedom Restoration Act, which requires that laws which violate someone’s religious beliefs must pass two conditions:
    • The law must be furthering a compelling government interest.
    • The law must be the least intrusive method of accomplishing its goal.
  4. Congress has created an exemption to the contraception mandate. If the mandate violates the religious beliefs of certain types of organizations, they have passed the burden of cost to the insurance provider or to the government itself.

So what’s the takeaway? Nothing in Hobby Lobby decision will stop women from having access to birth control. In fact, the way the system is set up, they will still have insurance coverage for free birth control!

Congress’ exemption ensures that insurance will cover these costs, even for women working for Hobby Lobby. This cost will not come out of the worker’s pocket. In fact, the very alternative accommodation that Congress created was pretty much the only reason that the Supreme Court didn’t force Hobby Lobby to pay for the insurance (from Lyle Denniston’s analysis @ SCOTUSblog):

Is that enough of an accommodation of the owners’ religious objection? The two key opinions on Monday seemed, literally speaking, to say it was.

Justice Alito wrote: ”An approach of this type . . . does not impinge on the [companies’ or owners’] belief that providing insurance coverage for the contraceptives at issue here violates their religion, and it serves [the government’s] stated interests equally well.” (The government’s interest here is to assure that women have access to the birth-control services.)

Alito’s opinion for the Court went on, saying that the dissenters’ on Monday had identified “no reason why this accommodation would fail to protect the asserted needs of women as effectively as the contraceptive mandate, and there is none.”

Justice Kennedy, in his separate concurring opinion, made the same point. And, in fact, he was more emphatic. Taking note of the “existing accommodation the government has designed, identified, and used for circumstances closely parallel to those presented here,” Kennedy said flatly that “RFRA [the Religious Freedom Restoration Act] requires the government to use this less restrictive means.”

It is rather difficult to read those comments by those two Justices as anything other than a declaration that religiously oriented owners of closely held companies must be satisfied with letting the “middle man” take on, in their place, the obligation to provide the birth-control coverage. That, the comments seem to say, is good enough.

If there was no alternative accommodation in the law to cover the cost of insurance for contraceptives, the correct legal result would have been to force Hobby Lobby to pay for it. After all, I don’t think any justice disputed the idea that an insurance mandate for contraceptive coverage was NOT furthering a compelling government interest. The only question was whether the compelling government interest was satisfied in the least intrusive means consistent with the RFRA. The Court found that it was.

Now, back to the lede. Many of you out there think that it’s absurd that a corporation would be exempted from providing basic health insurance because God says contraception is abortion. And many of the rest of you think that it’s unconscionable that someone be forced to pay for something that goes against their most closely held religious beliefs; in essence funding murder. And the libertarians out there worry that if the government can make you pay for something that violates one of your First Amendment rights, there’s nothing they can’t make you pay for. These are all moral questions. These are not legal questions. The Supreme Court didn’t even try to answer these questions.

The Supreme Court found a legally consistent way to accommodate the compelling government interest declared in the ACA and the least restrictive means test demanded by the RFRA. And at the end of the day, lest I repeat it one more time, the net result is that Hobby Lobby employees will still have insurance coverage for all the free contraceptives they care to use.

Seems pretty cut and dried to me. This is much ado about nothing.

UPDATE: Now that I’ve actually read the ruling, I see an error in the above. The HHS accommodation for employers who have religious objection to these methods of contraception TODAY only applies to religious non-profits. It doesn’t apply today to for-profits. The argument of the court is that applying the accommodation to for-profit employers is a less-restrictive means to achieve the compelling government interest than the mandate, and for that reason the mandate violates RFRA. I would expect the HHS to quickly expand their accommodation in response to this ruling.

The Modern Republican Party is a Special Kind of Suck (Part 3 of 3)

Part 2

Did Voters Reject Capitalism?
Some on the Right have said that the 2012 election was a rejection of Capitalism. I’m not entirely sure I agree. Yes, there seems to be a large percentage of the electorate who want money to be taken away from the top 1 or 2% and redistributed to the remaining 99 or 98%. Yes, more people are reliant on some sort of government check than ever before. Is it possible that there was some other reason voters rejected the alternative Barack Obama in this election?

The answer to this question, I think, has more to do with where conservatives come down on certain divisive social issues. The rhetoric on issues like abortion and gay marriage for example have alienated certain people who agree with Republicans on taxes and spending may have otherwise voted for the Republican candidate. For voters who decide these issues are at least as important as economic issues, they either support Obama, support Gary Johnson,* or don’t vote at all.

Anti-choice Extremism of Suck
To be fair, abortion is an issue that even divides libertarians. Sadly, this is not an issue that is likely to disappear anytime soon.** But the way Republicans present the issue needs to change unless they want to continue to chase away the female vote. I don’t think it’s even necessarily about abortion per se but more the cavalier attitude some Republican politicians seem to have about anything concerning women’s reproductive cycles.

While it’s reasonable to say that the government should not force insurance companies to pay for contraception, when someone like Rush Limbaugh calls someone like Sandra Fluke a slut or a prostitute, for advocating the opposite view, this distracts from the argument. There has always been a double standard in our society concerning sex. Men are studs for putting notches on their bedposts while women are sluts for doing the same. Comments like these remind women of this double standard and make it seem that Republicans have not moved beyond this double standard.

They refer to the “morning after pill” (marketed as Plan B) as an “abortion pill” when in fact it is not. In fact, according to this article on WebMD the morning after pill doesn’t work for women who are already pregnant (that’s a different pill). The article further explains that the pill does one of two things depending on where a woman happens to be in her cycle when the pill is taken: 1. prevents or delays ovulation or 2. keeps the egg from being fertilized. Some may also recall that Ron Paul, who was arguably the most anti-abortion candidate in the race and someone who was an obstetrician by trade (i.e. he knows what he’s talking about) said as much in one of the debates when the morning after pill was brought up. Anyone who says the morning after pill is an abortion pill is either uninformed or lying.

You have Republican men like Todd Aiken talking about “legitimate rape,” basically saying to women who are real victims that if her body didn’t “shut that whole thing down,” they weren’t really raped to begin with, therefore; there shouldn’t be a legal exception for rape to allow for an abortion. Another senate candidate, Richard Mourdock, said that a pregnancy that is the result of rape is “a gift from God.” Seriously.

Whether they realize it or not, Republicans are basically saying that pregnant women are second class citizens. For nine months, her rights are second to the concern of the unborn child regardless of the circumstances of how the child was conceived and regardless of legitimate health concerns of the mother. It should come to no surprise that some women might object to these attitudes and vote accordingly.

The issues concerning reproductive rights are delicate but often not treated as such among Republicans. Maybe just maybe, the GOP should allow the women to be the spokespersons on these issues, even if they are staunchly anti-choice. Instead of a blanket one size fits all federal policy outlawing abortion; the GOP should say the issue should be decided state-by-state.

Anti-Gay Attitudes of Suck
Face it Republicans, gays are serving in the military and they will eventually have the ability to get married in all 50 states. The train has left the station a long, long time ago. You can concede that you have lost on this issue or you can continue to take a beating at the polls, and deservedly so.

So what’s a socially conservative person to do?

No one says you have to like the gay lifestyle. Go ahead and preach from your tax exempt pulpit about the immorality of homosexuality. Go ahead and write blogs or write on your Face Book wall about how much you disapprove. Whatever. It’s your right to be as intolerant as you want to be.

The problem for libertarians at least is when you want to use force via the government to get your way. Libertarians would also say that churches should not be forced by the government to marry gay couples (or any couple for any reason for that matter). Let the churches discriminate but also allow gay couples to have the same legal contract*** rights as heterosexual couples. And if a gay couple can find a church that will marry them, that should be the end of it. Who are you to infringe on their religious liberty?

Conclusion: Slaying the Suck
The days of appealing only to white Christian men over 50 are coming to an end as white Christian men over 50 are quickly becoming a minority. The Republican Party must learn to reach out to minorities, to women, and to younger voters.

Sure, Republicans had minorities speaking at their convention and I’m not accusing the GOP of tokenism (though I’m sure others, particularly on the Left will make that charge). But it simply is not enough to have Condoleezza Rice, Susannah Martinez, and Marco Rubio in the party to say that you are “inclusive.” Minorities need to be included in the conversation, heard as opposed to talked at. How are your policies better for them than the Democrats’?

Ask yourself: “If I were female, Black, Hispanic, Asian, Native American, Muslim, atheist, or gay, would I feel welcome in the Republican Party?” If the answer is “no,” the Republicans have some serious work to do if they want to win in the future. While none of these minorities in of themselves cost Romney the election, together they make up a significant voting bloc that would be foolish to ignore.

Some of the issues I have mentioned in this series are popular within the GOP but don’t necessarily play all that well outside the GOP (i.e. independent voters). This doesn’t mean surrendering their principles necessarily but it does mean re-thinking some of them, presenting their ideas better, and deciding which issues are worth fighting for and which (if any) need to be jettisoned.

While some people may have liked Mitt Romney’s economic proposals, they may have also disliked his social proposals. The problem with supporting a candidate for office is that the person you are voting for is a package deal. Some of us are simply unwilling to choose between economic liberties and civil liberties (and when the Republicans are only marginally better on economic liberty than the Democrats AND when Democrats are only marginally better than Republicans on civil liberties, some of us prefer the real deal and vote Libertarian).

In closing, I think Rep. Ron Paul had some very good thoughts in his farewell speech from the House that would serve as a guide on how the Republican Party can slay the special kind of suck that gave a terrible president a second term:

The problem we have faced over the years has been that economic interventionists are swayed by envy, whereas social interventionists are swayed by intolerance of habits and lifestyles. The misunderstanding that tolerance is an endorsement of certain activities, motivates many to legislate moral standards which should only be set by individuals making their own choices. Both sides use force to deal with these misplaced emotions. Both are authoritarians. Neither endorses voluntarism. Both views ought to be rejected.

Yes, these views ought to be rejected and the GOP should return to the strategy they used to win in 2010: economic issues front and center and social issues on the back burner.

*I am proud to say I was one of the 1% or roughly 1 million who supported Gary Johnson for president. Though in terms of the election is a small number but set a new record for the Libertarian Party.

**Call me cynical but I think both Republicans and Democrats want abortion to always be an issue for fundraising reasons. This is an issue that animates the bases of both parties.

***Don’t waste my time with the slippery slope arguments “that if gays can marry what’s next, people marrying their dogs?” or “marry children” or “marry their cars.” The key here is contract rights. Dogs, children, and cars all have one thing in common: none have the legal ability to enter into a contract.

Anti-Choice* Extremism in Conservative Movement Lends Credence to the Left’s “War on Women” Mantra

One of the ways the Obama campaign and Democrats in general have been deflecting attention away from the poor performance of the economy has been to change the subject to social issues. Democrats know that independent women are reluctant to support Republicans because of this perception that Republicans do not care about the concerns of women. Democrats are doing all they can to reinforce this perception asserting that Republicans have engaged in a “war on women.” Among their talking points are that Republicans are opposed to “equal pay for equal work” laws, contraception coverage mandates for health insurance, and abortion even in the cases of rape, incest, or life of the mother (I have already debunked the alleged gender pay gap here and explained why there is no “right” to free contraception here). Republicans tend to lend credence to being anti-woman when they say things like the following:

“If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

That was Republican Missouri Senate candidate Todd Akin’s response to a question concerning whether or not a woman should have the legal right to terminate a pregnancy that was a result of a rape. How might a pregnant woman who was raped conclude from this statement? Was Mr. Akin implying that she wasn’t “legitimately raped” otherwise, she wouldn’t be pregnant? Why, every woman in America who has become pregnant who thought she was raped must not have actually been raped! No, these women must have enjoyed the experience, or at the very least consented according to fertility expert Todd Akin.

One would hope that some of the Republican men, especially those who are running for office, would have moved on past the misogynistic attitudes revealed in comments like these. Unfortunately, it seems that some continue to hold on to a similar attitude as Clayton Williams who once joked about bad weather and rape “As long as it’s inevitable, you might as well lie back and enjoy it.”

Beyond idiotic statements like these, anti-choice activists have been pushing so-called “personhood” laws in various states to give every fertilized egg full legal rights that all people have. Personhood goes beyond the abortion issue and has some very bad unintended consequences. The Dominican Republic has such laws already on the books; just a few days ago, a teenager died most likely because doctors were afraid of running afoul of the law.

CNN reports:

(CNN) — A pregnant leukemia patient who became a flashpoint in the abortion debate in the Dominican Republic died Friday morning, a hospital official told CNN.
The 16-year-old, who had been undergoing chemotherapy, died from complications of the disease, said Dr. Antonio Cabrera, the legal representative for the hospital.

Her case stirred debate in her country, as her life was potentially at risk because of anti-abortion laws in the Dominican Republic.

Doctors were hesitant to give her chemotherapy because such treatment could terminate the pregnancy — a violation of the Dominican Constitution, which bans abortion. Some 20 days after she was admitted to the hospital, she finally began receiving treatment.

The patient, whose identity has not been released because she’s a minor and because of the hospital’s privacy policy, was 13 weeks pregnant.

Oh, well that’s the Dominican Republic. That would never happen here in the U.S., right? Don’t be so sure. Back in April, the Tennessee House passed a bill that would make every woman who has a miscarriage a murder suspect. The Georgia legislature considered a similar bill that would have required women to prove that their miscarriages “occurred naturally.” Having a miscarriage, a very common occurrence, is traumatic enough without being interrogated by some asshole detective downtown!

While some of these “war on women” attacks on Republicans are unfair in my judgment, Republicans don’t do themselves any favors by some of their more extreme anti-choice proposals and comments. Good people can disagree about abortion but those who are opposed to abortion need to do a better job of making their case without making women second-class citizens with fewer rights than “the unborn” whenever they happen to be pregnant.

***UPDATE***
The Republicans have added a “human life” plank to the draft of their party platform.

CNN reports:

Tampa, Florida (CNN) – The Republican Party is once again set to enshrine into its official platform support for “a human life amendment” to the Constitution that would outlaw abortion without making explicit exemptions for rape or incest, according to draft language of the platform obtained exclusively by CNN late Monday.

“Faithful to the ‘self-evident’ truths enshrined in the Declaration of Independence, we assert the sanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed,” the draft platform declares. “We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.”

Sigh.

My Republican friends: if you lose to Obama in November, don’t blame Libertarians. If you focus on these divisive social issues instead of the economy (and it IS the economy, stupid) you will lose and you will only have yourselves to blame.

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Should We Force Women To Bear Disabled Children?

Rick Santorum believes that the Obama administration is in favor of some Gattaca-like dystopia, I suppose:

“One of the things that you don’t know about ObamaCare in one of the mandates is they require free prenatal testing,” Santorum began telling about 400 people here. “Why? Because free prenatal testing ends up in more abortions and, therefore, less care that has to be done, because we cull the ranks of the disabled in our society. That too is part of ObamaCare — another hidden message as to what president Obama thinks of those who are less able than the elites who want to govern our country.”

Now, I’m in a weird position to discuss this, because I’m a bit of a pro-life libertarian, but at the same time I’m very libertarian about being pro-life. I think when it comes to my wife and I, I’m very strongly pro-life. But that said, I’m not sure I’m strong enough in the belief in being pro-life that I’d throw a woman or a doctor in a cage for aborting a pregnancy.

My wife and I have two kids, are expecting a third. For the first two, we deliberately declined the amniocentesis because we were willing to bear the child regardless of the results. It seemed that sticking a needle into my wife’s uterus is probably a silly risk to take [despite being a low-risk procedure] when we had no intention of letting the results change our behavior. With the third, it appears that medical technology has advanced to the point now where a blood test & ultrasound can now determine if there’s any major risk-factors, and luckily the results to date are that rather than being a 1 in 200 chance of having a baby with Down’s Syndrome, we’re happy to say that the odds are 1 in 11,000. It is nice to know that.

But do I want to force a woman to bear a child with Down’s? Do I think we should somehow cheer those women as being heroes, as folks like Santorum, who has a disabled child, and Palin, who has a disabled child, are cheered by the right? The responsibility of raising a child is huge, and it’s hard enough to do with a non-disabled child. Do we want to force that on people who are unwilling — or unable — to bear it?

This hits home for my wife and I. In October, we found out that our younger son was diagnosed with autism. We had some idea prior to this that something was amiss, as he wasn’t talking (nor showing much interest in starting, i.e. making the normal child “babble”). Autism is a scary diagnosis, especially with a 2 1/2 year old. With now 4 months of intensive speech therapy, at best we can say that we’re seeing improvement, but it’s slow going. Not a week goes by that my wife doesn’t ask me, “He’s going to talk eventually, right??” Well, I think he is, but we’re not seeing it happen so much yet. He has many of the characteristic behaviors — he’s very picky about environment and routine, not at all interested in interacting with other children [and will throw a fit when they encroach on his space]. Trying to get a haircut requires my wife and I to work together to hold him down in a seat as he screams and struggles while the lady at “Cool Cuts 4 Kids” tries not to cut his head, rather than his hair. At 2 1/2 years old, the first time he ever let me clip his fingernails was last Friday. And the worst thing of all is that he has no concept of language, so while you can sometimes soothe or explain what’s wrong to a 2 1/2 year old, nothing gets through. I believe it will be easier someday, due to all the work that we’re putting in now to intervene, but severe cases of autism sometimes never result in an adult who can function for themselves in society.

As I said, had my wife and I known this prior to his birth, we still would have had him. But had my wife and I known before she’d conceived that this was going to happen, I’m not ashamed to say we might have waited a month to avoid this outcome. I dearly love my son, and I can honestly say that he regularly brings great joy to my life. But it’s hard. It’s really hard. And I know that it’s going to be hard — that he’s going to face difficulties doing “normal” things — all his life. I wouldn’t tell prospective parents that I wish they have an autistic child. Every parent wants to have a child that they can mold into a success, emotionally and intellectually. This diagnosis is a disability that means that we’ll have to work that much harder to overcome. We want him to have all the success that my wife and I have had in life, and that his older brother [and his upcoming younger sibling] have in life. We know, as parents, that we and that he are going to have to work much harder than “typical” for him to achieve that success. We’re willing to take that on; but I can’t say it’s what we would have chosen, all things being equal.

Nor is it only an emotional and parental burden — it is financial. We’re lucky, as parents go. I have an excellent job with pretty good insurance, and a lot of what we’re doing is covered by my insurance or through non-profits funded by the State of CA. That said, I’m on an HSA-driven health care plan, so we’ve got a pretty sizable deductible, and we blew through it in 3 months of his therapy. All told, we’re talking about costs related to the diagnosis and associated other testing that would have cost close to $10K at “book” prices (obviously the insurance-negotiated rates are lower), and ongoing therapy that would cost at least $2K/month at “book” prices, and still at least $1K/month at insurance-negotiated prices. To give our son the level of care that we feel he needs without all the insurance might be possible, but would be extremely painful (likely requiring us to move out of our house to a cheaper rental, or for my wife to get a job outside the house, which we’d especially want to avoid as she needs to keep up with his care & therapy). And it would only be possible for us to do because I’m the exception, rather than the rule, when it comes to economics.

Rick Santorum suggests that Obama wants to “cull the disabled” as a cost-saving measure — it’s easy to say that when you have the level of wealth that Rick Santorum (and to a lesser extent, upper-middle-class folks like myself) have access to. When you don’t have access to the level of care that we can provide, you’re consigning your disabled children to a second-class life. I don’t think that’s a Republican value, nor do I think it’s a Christian value*, to bring people into this world and not be ready and able to give them the tools to succeed in life. Rick Santorum might say “well then you should be chaste and not produce a child” — but being ready and able to provide those tools for a normal child, and being ready and able to provide those tools to a disabled child, are two very different things. (*Full disclosure — I’m neither a Republican nor a Christian, so perhaps I can’t necessarily hold court on those two declarations)

When it comes to autism, unlike something like Down’s, though, the “typical” case can be “recovered”. It’s tough to describe, but I often say that autism is something that makes “normal” things a lot more difficult than they would be for non-disabled people. Most of these difficult things can be language-oriented, and we know that language development occurs in fury in the 0-3 year range. During this time, a child is developing mental pathways in the brain, and it’s much easier at these early years than later in life. One of the critical problems dealing with autism is that we don’t typically know a child is autistic until after he starts displaying speech delays, i.e. after the age of two. This means that the intervention after the age of two to get an autistic child to “catch up” to their more typical peers must be very intense — right now my son is in 8 hours of speech, OT, and ABA therapies every week, and we’re looking to get some of the hours increased. The goal is to slam those neural pathways into place through repetition, because they don’t come naturally.

What does this mean? It means that knowledge that a child is autistic prior to that child’s birth can be a signal to provide therapy for the autism at a much younger age. It means that instead of waiting for a delay to be prevalent, you’re working hard from day 1 to ensure a delay never develops. It still means there’s a lot more work than a typical child, as the neural pathways that the child would normally develop don’t happen on their own. But it means that you can be building those pathways earlier in life, and get better outcomes for those children — something that Rick Santorum and Barack Obama can agree is the goal.

Rick Santorum claims that Obama wants to provide this testing so those children will not be born. As much as I’m against Obamacare, I think Rick Santorum’s positions on abortion suggests that he cares a lot more about making sure those children are born than he cares about what life they’re born into. Those of us in the real world are trying to make good lives for our children — whether we choose to have them or choose not to because we cannot provide an adequate life — and prenatal testing gives valuable information whatever that choice might be.

Rick Santorum Revives The Lincoln-Douglas Debates; Unwittingly Takes Douglas’ Side

Wow… Just, wow. I’ve heard of people taking quotes out of context, but Rick Santorum is treading down a slippery slope that I think even he, as a hardcore social conservative, would find himself quickly uneasy with:

His spokesman Hogan Gidley emails me in response to Mark Miners comments: “Senator Santorum is certainly an advocate for states’ rights, but he believes as Abraham Lincoln – that states do not have the right to legalize moral wrongs. The Senator has been clear and consistent – and he believes that marriage is and can only be: between one man and one woman.”

Now, it’s easy to see where Santorum is coming from — the Lincoln-Douglas debates. Lincoln at the time was arguing, as so many libertarians argue, that there are some rights which are not to be voted on. Popular sovereignty can be good for making some decisions, but that in the case of slavery, it is used to uphold a moral wrong. Infringements upon rights granted by natural law cannot be justified by majority vote:

Lincoln’s strategy was to isolate Douglas’s doctrine of popular sovereignty from the national mainstream as a form of moral dereliction for its indifference to the corrupting effect of slavery in republican society. Douglas insisted that in his official capacity as a United States senator he did not care whether the people in a territory voted slavery up or down. Lincoln admonished: “Any man can say that who does not see anything wrong in slavery, but no man can logically say it who does see a wrong in it; because no man can logically say he don’t care whether a wrong is voted up or voted down.” Douglas argued that the people of a political community, like any individual, had a right to have slaves if they wanted them. Lincoln reasoned: “So they have if it is not a wrong. But if it is a wrong, he cannot say people have a right to do wrong.”

Lincoln and Douglas were coming from different first principles. In fact, the argument is not at all unlike modern arguments about abortion, a point I’ve made before. The question is not whether abortion should be allowed, the question is whether a fetus is inherently “person” enough to have natural rights. If it is, abortion is murder. If it is not, abortion is no different morally from removing a cancerous growth from one’s uterus. Yet both sides constantly talk past each other without acknowledging that they are working from wildly different first principles.

Abraham Lincoln, contrary to what Santorum suggests, is not suggesting that all men must be forcibly stopped by government from engaging in moral wrongs. He explicitly acknoledges the libertarian right of natural law — you can do what you wish with what is yours. You may self-govern; the nanny state is not there to stop you from acting within your personal domain. From his 1854 speech in Peoria, IL (same source link as above, italics original, bold added by me, and one sentence from the original speech inserted into the below passage for continuity):

The South claimed a right of equality with the North in opening national territory to the expansion of slavery. Rejecting the claim, Lincoln denounced slavery as a “monstrous injustice” and a direct contradiction of “the very principles of civil liberty” in the Declaration of Independence. Lincoln said that the right of republican self-government “lies at the foundation of the sense of justice,” both in political communities and in individuals. It meant that “each man should do precisely as he pleases with all that is exclusively his own.” Declared Lincoln: “The doctrine of self-government is right—absolutely and eternally right—but it has no just application” as attempted in the Nebraska Act. Spelling out the natural-law premises of his argument, Lincoln continued: “Or perhaps I should rather say that whether it has just application depends upon whether a negro is not or is a man. If he is not a man, why in that case, he who is a man may, as a matter of self-government, do just as he pleases with him. But if the negro is a man, is it not to that extent, a total destruction of self-government, to say that he too shall not govern himself? When the white man governs himself that is self-government; but when he governs himself, and also governs another man, that is more than self-government—that is despotism.” Recurring to the nation’s founding principles, Lincoln summarized: “If the negro is a man, why then my ancient faith teaches me that ‘all men are created equal’; and that there can be no more moral right in connection with one man’s making a slave of another.”

Note my bolded portion on self-government. It seems that Abraham Lincoln and Rick Santorum have some agreement that a state cannot legalize a moral wrong — they merely happen to have WILDLY different definitions of what constitutes a moral wrong.

Abraham Lincoln is following the traditions of natural law and natural rights. Each man is his own, and barring his attempts to coerce others to do his bidding, he should have freedom to operate as he sees fit. Slavery is an attempt to coerce others to do his bidding, and therefore it is an abhorrent moral wrong that has no place in a free society.

Rick Santorum is following a different tradition, one that states that man is NOT his own, and should forcibly be stopped from operating in his own domain if his actions violate no ones natural rights, but violate Santorum’s own sensibilities. If two members of the same sex, wholly consensually and within the bounds of their natural rights, want to engage in a right of contract such that they bound themselves together for all the legal purposes we generally associate with marriage, they must be barred from doing so. This consensual and voluntary action must not be permitted!

Abraham Lincoln says that the government must not condone the violation of one man’s natural rights by another, and that democracy is not an adequate justification for doing so. Rick Santorum says that government must be in the job of actively violating those natural rights, even if the people of a territory choose to vote to recognize those rights! Abraham Lincoln says that slavery is wrong because it takes away the right of self-government; Rick Santorum says that we must all be slaves of the state, because he doesn’t like what we choose to do with our freedom.

Abraham Lincoln decries a situation which denies the equality before the law of human beings; Rick Santorum claims the mantle of Abraham Lincoln while cheering laws that deny that equality! In doing so, Rick Santorum misses the irony: he’s replaying the Lincoln-Douglas debates in modern times, but he doesn’t realize that he’s taking Douglas’ side, not Lincoln’s.

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