Category Archives: Privacy

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.

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“Common Sense” Legislation to Curb Gun Violence?

Like most people who value individual liberty, I listened to President Obama’s speech about reducing gun violence with a great deal of trepidation. He presented several ideas such as limiting the size of magazines to 10 rounds, banning “military-style assault weapons” (i.e. any gun that looks scary to progressives who know almost nothing about firearms), and “universal” background checks for anyone trying to buy a gun just to name a few “common sense” reforms. In so many words he basically said that anyone who doesn’t favor these proposals is getting in the way of preventing future gun violence (Why even St. Ronald Reagan was even in favor of some of these proposals!)

One point of particular irritation for me is this notion being promoted by the Left that AK-47’s and other “weapons of war” should not be made available to “civilians.” President Obama rightly pointed out that these weapons with these magazines “ha[ve] one purpose: to pump out as many bullets as possible, to do as much damage using bullets often designed to inflict maximum damage.”

Well if we civilians do not “need” these weapons, why should the police have them? Someone correct me if I’m wrong, but aren’t the local police also considered “civilian”? (i.e. civilian law enforcement). Why do the police “need” these awful “weapons of war” which “inflict maximum damage” to serve a warrant for a late night drug bust?* If everyone else should be limited to certain weapons with magazines containing 10 rounds or less, they too should be limited to what weapons are permissible (or at the very least, what situations these weapons should be used). To suggest otherwise would be to suggest that the police are “at war” with the “civilians” since war is all these weapons are good for.

As some who are critical of the president’s approach have correctly pointed out, these reforms would not have prevented the killing at Sandy Hook Elementary. Obama and his allies like to say “if these proposals save only one life…” but they fail to recognize that these reforms might save one life in one situation but might cost a life in another situation (such as a home invasion; the homeowner runs out of rounds due to smaller magazine capacity etc.). Most, if not all of these reforms are meaningless measures to prevent guns from falling into “the wrong hands” (at best) so that the president can say he’s “doing something” to prevent mass shootings.

Some of these proposals do seem reasonable based only on the broad outlines (as always, the devil is in the details). I don’t have a problem with person-to-person background checks** in the abstract. Why shouldn’t an individual be subjected to the same background check as when buying from a gun dealer when s/he is buying from someone who posted his firearm on Craig’s List? I would think that the seller would want to have the peace of mind and/or limit any exposure to liability for any misuse of the firearm.

There are many proposals that are being floated that need to be thought through rather than rushed through to score cheap political points. These proposals go well beyond the 2nd Amendment into areas such as free speech (i.e. censorship), doctor/client privilege (privacy), state’s rights, and more. I do think that we supporters of the right to bear arms need to try to offer up some “common sense” solutions of our own to reduce illegitimate force that either enhance liberty or at the very least, do not tread on the liberties of others.***

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“That’s a Violation of My Privacy!”


In Little Canada, MN the police are trying to argue that Andrew Henderson violated HIPPA (federal healthcare privacy law) when he recorded a police interaction with a third party which required an ambulance. His camera was confiscated, the file was deleted (according to Henderson), and is being charged with “disorderly conduct” and “obstruction of the legal process.” How filming the police from 30 feet away qualifies for either charge is beyond me.

Hat Tips: The Agitator (for the comic strip) and The Drudge Report (for the Little Canda story).

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.

In the U.S. State Department’s De-listing of MEK as a Terrorist Group, the “War on Terror” Loses All Meaning*

“In this world, there are good causes and bad causes, and we may disagree on where that line is drawn. Yet, there is no such thing as a good terrorist. No national aspiration, no remembered wrong can ever justify the deliberate murder of the innocent. Any government that rejects this principle, trying to pick and choose its terrorist friends, will know the consequences.” -President George W. Bush speech to the U.N. General Assembly on November 10, 2001

“We don’t negotiate with terrorists”- a refrain we have heard from many American presidents and American politicians over the years. But anyone who has taken even a cursory look at history knows that this is a lie. Not only does our government negotiate with terrorists and state sponsors of terrorism, the uncomfortable truth is that the U.S. itself is a state sponsor of terrorist groups when the group in question uses its tactics against enemies of the U.S. or her allies.

The latest example is Secretary of State Hillary Clinton’s announcement that Mujahadeen-e-Khalq (a.k.a. MEK) will be de-listed as a “foreign terrorist organization.” MEK has been on the list since 1997. For those who are not familiar with MEK, this organization was once aligned with Saddam Hussein** and allegedly responsible for killing at least six Americans in the 1970’s along with a failed kidnapping attempt of U.S. Ambassador to Iran Douglas MacArthur II in 1971 and a failed assassination attempt of USAF Brig Gen Harold Price in 1972.

Lest there be any partisans on the Right trying to accuse the Obama administration giving in to terrorism, its worth pointing out that the campaign to de-list MEK has been a bipartisan effort. Rudy Giuliani, Tom Ridge, Fran Townsend, Michael Mukasey, Andrew Card of the Right have joined MEK advocates of the Left such as Howard Dean, Wesley Clark, Bill Richardson, and Ed Rendell. Many of these advocates have been paid to speak out on MEK’s behalf; a crime of “material support” of terrorism under normal circumstances but apparently A-OK if done by prominent politicians.

So what exactly has MEK done to ingratiate itself to the State Department to be de-listed as a foreign terrorist organization? Has MEK ceased its terrorist activities or paid restitution (to the extent it could be paid) to its victims? According to Glenn Greenwald, its quite the opposite:

What makes this effort all the more extraordinary are the reports that MEK has actually intensified its terrorist and other military activities over the last couple of years. In February, NBC News reported, citing US officials, that “deadly attacks on Iranian nuclear scientists are being carried out by [MEK]” as it is “financed, trained and armed by Israel’s secret service”. While the MEK denies involvement, the Iranian government has echoed these US officials in insisting that the group was responsible for those assassinations. NBC also cited “unconfirmed reports in the Israeli press and elsewhere that Israel and the MEK were involved in a Nov. 12 explosion that destroyed the Iranian missile research and development site at Bin Kaneh, 30 miles outside Tehran”.

In April, the New Yorker’s Seymour Hersh reported that the US itself has for years provided extensive training to MEK operatives, on US soil (in other words, the US government provided exactly the “material support” for a designated terror group which the law criminalizes). Hersh cited numerous officials for the claim that “some American-supported covert operations continue in Iran today.” The MEK’s prime goal is the removal of Iran’s government.

Despite these reports that the MEK has been engaged in terrorism and other military aggression against Iran – or, more accurately: likely because of them – it was announced on Friday the US State Department will remove MEK from its list of terrorist organizations. This event is completely unsurprising. In May, I noted the emergence of reports that the State Department would do so imminently.

Greenwald goes on to point out five lessons we should learn from MEK’s de-listing: 1. There is a separate justice system in the US for Muslim Americans, 2. the US government is not opposed to terrorism when its beneficial, 3.“terrorism” is a meaningless (and often manipulated) term, 4. legalized influence-peddling within both parties is what drives DC, and 5. there is aggression between the US and Iran, but it’s generally not from Iran. It’s quite a scathing indictment of what the U.S. government’s stated policy is regarding terrorism and what its actual policy is.

Over at Popehat, Ken writes his thoughts about MEK’s de-listing. Ken recalls how as a young lawyer, he was on a prosecution team responsible for prosecuting someone who had ties with MEK. By Ken’s account, there was “no doubt” that this person was guilty of running an immigration fraud ring as the evidence against him was “overwhelming.” Ken points out that this occurred before 9/11 and “Bob’s” sentence wasn’t any worse because of his involvement with MEK, though the prosecution team worked very hard was very proud of connecting “Bob” to the terrorist organization.

Needless to say, Ken isn’t very pleased with MEK’s de-listing either and for some very good reasons:

The six people the MEK killed in the 1970s are still dead. They were dead when the State Department designated the MEK as a foreign terrorist organization and they have been dead all the years since and they won’t get any less dead when the State Department removes the MEK from its FTO list. The MEK is the organization that once allied with Saddam Hussein; that historical fact hasn’t changed, although its political significance has. No — what has changed is the MEK’s political power and influence and the attitude of our government towards it.

[…]

The United States government, under two opposed increasingly indistinguishable political parties, asserts the right to kill anyone on the face of the earth in the name of the War on Terror. It asserts the right to detain anyone on the face of the earth in the name of the War on Terror, and to do so based on undisclosed facts applied to undisclosed standards in undisclosed locations under undisclosed conditions for however long it wants, all without judicial review. It asserts the right to be free of lawsuits or other judicial proceedings that might reveal its secrets in the War on Terror. It asserts that the people it kills in drone strikes are either probably enemy combatants in the War on Terror or acceptable collateral damage. It asserts that increasing surveillance of Americans, increasing interception of Americans’ communications, and increasingly intrusive security measures are all required by the War on Terror.

But the War on Terror, unlike other wars, will last as long as the government says it will. And, as the MEK episode illustrates, the scope of the War on Terror -the very identity of the Terror we fight — is a subjective matter in the discretion of the government. The compelling need the government cites to do whatever it wants is itself defined by the government.

Glenn Greenwald and Ken are both right on what the de-listing of MEK should tell us about the so-called war on terror. Our government is not serious about fighting terrorism, it condones it even as we surrender our liberties at home. This is especially true if the target of the terrorism is Iran or another “state sponsor of terrorism” we are all supposed to be afraid of and eventually be at war with.

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