Category Archives: Individual Rights

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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Quote of the Day: Modern Day Witch Hunts Edition

If you haven’t been over to The Agitator recently to read what Radley Balko’s guest bloggers have been writing in his absence over the last several weeks, you are missing some grade A quality posts. This post from William Anderson “Costs and Benefits of Modern ‘Sex Crime’ Witch Hunts” is the creme de la creme.

In this post, Anderson details how easily innocent people can be charged, tried, and convicted of sex crimes due to federal laws such as the Child Abuse Protection and Treatment Act of 1974 (A.K.A. the Mondale Act) and rape shield laws which disadvantage the accused by lowering the normal criminal standard of proof guilty beyond a reasonable doubt to a preponderance of evidence. Not only does the accused have to try to prove a negative (ex: that s/he did not sexually assault the accuser) but also pay out of pocket for legal defense that can cost in the millions of dollars to do so (meanwhile, the state can easily bear the costs of prosecuting the case with taxpayer money).

People who are accused [of sex crimes] either must depend upon a public defender or must pay for legal representation from their own resources, and it does not take long for the money spigot to run dry. Tonya Craft literally had close to a million dollars to spend on her defense, and she still ran out of funds before the case even came to trial. In the infamous Duke Lacrosse Case, each of the three defendants had to spend more than $1 million apiece just to try to debunk what were transparently-false charges.

[…]

The costs can be substantial. I know one attorney who specializes in such cases who requires a down payment up front of $100,000. Since few people keep $100K in spare change, getting the funds is very, very difficult. Then there a experts in forensics, interviewing, and the like who also do not testify for free. One of the reasons that so many people plead to something in such cases is that they do not have the personal resources to fight the charges.

Surely, this could not have been the criminal justice system the founders of this country envisioned!

Obama Breaks Numerous Laws To Transport/Distribute Alcoholic Beverage

Okay, so the title was a bit tongue-in-cheek to get your attention… But there is a serious issue to discuss here based on a campaign stop in Iowa:

A surprising anecdote from a White House pool report this morning:

Campaign official also offers up that potus was talking about white house beer, which apparently the white house brews, she said, and one cafe patron requested a bottle, so potus sent out to Ground Force One and gave him one.

Now, I’ve known for a while that Obama is a “homebrewer” (i.e. not sure if he or someone on his staff actually brews the beer). I do think it’s pretty cool that he’s supportive of the hobby.

There’s only one minor problem with this…

Statute
§ 123.144 BOTTLING BEER.
No person shall bottle beer within the state of Iowa for purposes other than for individual consumption in a private home, except class “A” permittees who have complete equipment for bottling beer and who have received the approval of the local board of health as to sanitation, and it shall be the duty of local boards of health to inspect the premises and equipment of class “A” permittees who desire to bottle beer.

Applicable Statutory Material
§ 123.2. General prohibition
It is unlawful to manufacture for sale, sell, offer or keep for sale, possess, or transport alcoholic liquor, wine, or beer except upon the terms, conditions, limitations, and restrictions enumerated in this chapter.

I’m pretty sure that Obama, or whoever on his staff is brewing, is not a class “A” permittee in the state of Iowa. So while homebrewing is legal in Iowa, I don’t think giving a beer to a diner in a public restaurant would be legal. And I’d also think it’s pretty safe to assume that based on these statutes, “transporting alcoholic beer” on your campaign bus would be illegal, as I’m guessing that Obama’s people didn’t comply with all the different terms, conditions, limitations, and restrictions in Iowa law.

Now, I’m not a dick. I don’t want to see Obama cited for violating the law. Hell, if I was sitting in that diner, and asked him about it, I would have thought it pretty damn cool. Hell, I’d jump at the chance for him to try mine. All politics aside, I can bond with just about anyone over beer.

But I do want to point out that we don’t [or shouldn’t] have a different set of laws that apply to our elected officials than apply to the rest of us. We shouldn’t have a government that tells us that we can’t brew up a case of homebrew and drive it over to a different location to offer it free of charge to someone that might be interested in drinking it.

These are liberties that should be allowed not just for the President of the United States, but for all of us.

Liberty > Democracy

Far too often, people use the terms “liberty” and “democracy” as if they were interchangeable. President Woodrow Wilson justified intervention in other countries to “make the world safe for democracy.” Most if not all of the presidents who have followed have made similar arguments as an excuse to place military bases on every continent. Democracy in of itself is no guarantee that the people will live in a free society.

One thing that drives me nuts is this notion that everything needs to be “put up for a vote” whenever the item in question is not at all the business of the would-be voters. Sometimes communities have meetings to decide if the people should “allow” a Wal-Mart to be built. Those who oppose the building of a Wal-Mart in their community argue such things as Wal-Mart won’t allow their workers to unionize*, Wal-Mart will drive out existing businesses, and Wal-Mart imports too much of their “cheap,” “inferior” products from China rather than American products. These might be valid reasons for you to decide not to shop at Wal-Mart but what makes you think you have the right to deny me that choice by holding a vote?

Perhaps a less sympathetic target to some here in Colorado are the medical marijuana dispensaries. These dispensary owners set up shop and followed the existing rules but in the back of their mind they know that community activists can shut them down if they can gather enough signatures to force a vote**.

Then there are those who believe in wealth redistribution. The “rich” need to pay more taxes to benefit the “less fortunate” we are told.

What about economic liberty? Is economic liberty somehow a lesser liberty than any other liberty? The people from Learn Liberty argue that economic liberty is of more value to the individual than any right to vote. There are just some freedoms that ought not be voted away.

*This is more of a selling point for me.
**I’ve yet to hear of a vote to shut down a Walgreens because its within 1000 feet of a school even though they dispense drugs that are many times more dangerous than marijuana.

Additional Thoughts & Further Reading:
Brad reminded me of a great post he wrote nearly 6 years ago along the same lines entitled: Libertarianism and Democracy. After re-reading my post, I realized that I might have left the impression that democracy is of no value to those who value individual liberty. Brad does a much better job explaining that “liberty is an end, democracy is a means to an end.”

In truth, democracy is often better for making decisions than monarchy, or aristocracy. After all, what can empower people more than to allow them to have a hand in making their own decisions? The key is that democracy can be used in ways that don’t reduce liberty, but it can also be used in ways that do.

So it’s not really democracy that libertarians fear, it is force. The sentiment that elicits anti-democratic quotes, though, is the fear that democracy will marshal government to impose force that destroys our liberty.

I think the important thing that people need to recognize is that there are limits to what a government should have the power to do even if the process is a democratic one. What are the limits? Simply the recognition that the individual has the natural rights of life, liberty, and property that cannot be taken away provided that s/he does not infringe on the same rights of another.

Comment of the Day

The following “Comment of the Day” from Rebecca was in response other comments responding to Brad’s satirical* post entitled: ‘Wendy’ Condemns Chick-fil-A President Remarks On Gay Marriage.

1. Attn: Bible-thumpers: If you haven’t read your Holy Book in the original un-pointed Hebrew and Aramaic, you have no idea what the Bible actually says. Also, if you haven’t read the Talmudic commentaries, or those of other respected Biblical scholars, you’re missing a lot of data that you kind of *need* to speak about what the Bible means with any authority.

2. “Traditional Marriage” is in the eye of the beholder, given that there are huge numbers of *freaky* “marriages” in the Bible, and given that historically marriage was a property, inheritance, procreative, or political arrangement for hundreds or even thousands of years before anyone came up with the notion of “romantic love” having anything to do with it. Moreover, traditionally, it was arranged for the children by the parents. Choosing your own spouse is an extremely modern twist on marriage.

3. Real and measuarable harm is done to LGBT individuals whose partnerships are not recognized by the state. No harm is done to your church if they marry, or if my church chooses to marry them. No harm befalls your family if theirs is united before God, or a judge. No one is going to make gay marriage mandatory.

4. Living your values is Freedom. Forcing others to live your values is Tyranny.

Comment by Rebecca — August 4, 2012 @ 10:25 am

Though I agree on all of Rebecca’s points, I believe that point 4 is the most important in terms of living in a free society.

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