Category Archives: The Bill Of Rights

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

Quote of the Day: MLK Day Edition

(Re-post)

Martin Luther King Jr.’s “I Have a Dream” speech is unquestionably one of the most famous speeches in American history. In listening to the speech today, I found the following passages that aren’t as often quoted to be some of the most powerful lines in the speech.

In a sense we have come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice.

America has come a long way since King delivered this speech. Racial and ethnic minorities have made great strides thanks to courageous individuals like King who made a stand for liberty and justice (and in King’s case, paid with his life) and we are all better off for it.

Here is the rest of the speech. Listen and be inspired.

Fiscally Conservative Republicans To Spend $3M In Tax Dollars To Defend DOMA

Ugh.

House Republican leaders have signed on to spend up to $3 million to keep defending the Defense of Marriage Act in court, according to a copy of their newly revised legal contract obtained by The Huffington Post.

House Republican leaders took over the legal defense of DOMA in the spring of 2011, when Attorney General Eric Holder announced the Obama administration would no longer defend it on the grounds that they found it unconstitutional. House Speaker John Boehner (R-Ohio) and other GOP leaders hired attorneys at the law firm Bancroft LLC to represent the House in court cases involving the federal ban on gay marriage — all with taxpayer dollars.

I’m outraged by their spending more of my money on this crap…

But let’s be honest on one point (why I added the emphasis above). The Executive is not exactly a fair and impartial arbiter of what is and is not Constitutional. I’d have to think that President Kill List and Secretary of Defense Dronestrike might need to re-read that old parchment — perhaps the 4th, 6th, and 14th Amendments would be good places to start?

Rule of Thumb: If it Makes Santorum Sick, it’s Probably Good for Liberty

One of the more distressing things for me concerning this 2012 campaign is the religious test being imposed on some of the candidates by the voters and encouraged by other candidates. There are at least some voters who will not support Mitt Romney under any circumstances because he is a Mormon. Once upon a time, the idea of a Catholic being president was just as much of a scandal but today very few non-Catholics would consider this a deal breaker.

Ironically devout Catholic Rick Santorum, one candidate who benefits from fellow Catholic JFK’s election 52 years ago, says that when he heard JFK’s famous separation of church and state speech he “almost threw up.”

Here’s an excerpt from the speech that made Santorum almost hurl:

But because I am a Catholic, and no Catholic has ever been elected President, the real issues in this campaign have been obscured–perhaps deliberately, in some quarters less responsible than this. So it is apparently necessary for me to state once again–not what kind of church I believe in, for that should be important only to me–but what kind of America I believe in.

I believe in an America where the separation of church and state is absolute–where no Catholic prelate would tell the President (should he be Catholic) how to act, and no Protestant minister would tell his parishoners [sic] for whom to vote–where no church or church school is granted any public funds or political preference–and where no man is denied public office merely because his religion differs from the President who might appoint him or the people who might elect him.

I believe in an America that is officially neither Catholic, Protestant nor Jewish–where no public official either requests or accepts instructions on public policy from the Pope, the National Council of Churches or any other ecclesiastical source–where no religious body seeks to impose its will directly or indirectly upon the general populace or the public acts of its officials–and where religious liberty is so indivisible that an act against one church is treated as an act against all.

For while this year it may be a Catholic against whom the finger of suspicion is pointed, in other years it has been, and may someday be again, a Jew–or a Quaker–or a Unitarian–or a Baptist. It was Virginia’s harassment of Baptist preachers, for example, that helped lead to Jefferson’s statute of religious freedom. Today I may be the victim- -but tomorrow it may be you–until the whole fabric of our harmonious society is ripped at a time of great national peril.

IMO this is JFK at his very best. This speech could just as easily apply to Mitt Romney; all he would have to do is replace the Catholic references with Mormon ones and it would have the same exact meaning. Kennedy had to give this speech because of the fear that he would impose his dogma on the country or bow to the Vatican. Now, 52 years later, we have another Catholic in Rick Santorum who has a very different attitude concerning his Catholic faith and how it relates to how he would govern.

It seems to me that if Mitt Romney’s Mormon faith is fair game, so is Rick Santorum’s Catholic faith. Does Santorum approve of how the Vatican has handled the pedophile priests? I think that’s a very fair question. Another good question might be why he apparently doesn’t agree with the Just War Theory (couldn’t it be argued that he’s just another cafeteria Catholic?).

I really couldn’t care less about the personal faiths for Mitt Romney, Rick Santorum, Newt Gingrich, Ron Paul, or Barack Obama. They can believe in many gods or no gods if they neither pick my pocket* nor break my leg nor infringe on my freedoms by imposing his values on me. I do not get why this is so hard for some people to understand.

*A very real concern.

Katy Bar the Door: Social Conservatives Want in Your Bedroom Too

Last week, I wrote a post about how the Left wants in the bedrooms of the people by mandating health insurance coverage for contraceptives. On the other extreme, we have Rick “every sperm is sacred” Santorum talking about the “dangers of contraceptives” and how non-procreative sex is somehow bad for society (as if concerns about “society” should trump the rights of the individual). I intended to write a full post devoted to making the opposite point (Does anyone really think that millions more unplanned births would actually be good for society?) and referencing a very interesting conclusion Steven Levitt made in a chapter his book Freakonomics called “It’s not Always a Wonderful Life.”

But I’m not going to do that. Santorum and his supporters’ antipathy for individuals making their own value judgments about sex has been documented on other blogs and I don’t know that I can really add much that hasn’t already been written. Having said that, I think Rick Moran at PJ Media nearly perfectly captures my concerns about Santorum and Social Conservatives more generally in his post: “The GOP’s Problem with Sex Could Cost Them in November.”

[Social Conservatives’] outdated, even primitive, critique of human sexuality that denies both the science and the cultural importance of sex and the sex act. Their main target appears to be women, and women’s sex lives, although the act of love itself is also to be placed in a strait jacket. No doubt the right will argue that their criticisms are only meant to help women, and nurture “healthy” attitudes toward sex. Nonsense. First of all, women don’t need that kind of help. They are capable of making their own choices without a bunch of ignorant busybodies telling them how to govern the most intimate and personal aspects of their lives.

Secondly, there is inherent in this critique a 19th century — or earlier — view of sex that seeks to keep the act of love within the confines of the marriage bed, and believes that physical intimacy should be primarily for one reason, and one reason only: procreation. At the very least, sex outside of marriage should be severely proscribed and limited to those who plan a long term relationship or eventual matrimony. Having sex because it’s fun, or because you’re bored, or because you crave physical intimacy, or for any other reason beyond traditional notions of “love” is grounds for disapprobation.

Certainly religion has much to do with this assault on sex. And if the extent of their critique stayed in the pews and pulpits of conservative churches, there would be no problem whatsoever. Christian denominations can tell their adherents how to live their lives, citing chapter and verse from the Bible, and nobody would care.

But when Republican politicians, and others associated with conservatism or the Republican Party, start echoing the various criticisms of contraception, of casual sex, of sex outside of marriage, the perception cannot be dismissed that the imprimatur of the entire party — and consequently, the government if they ever came to power — has been granted and that somebody, somewhere, might want to do something about it. As a voter making a political calculus on how to mark one’s ballot, the GOP is kidding itself if they don’t think this affects the decisions of millions of citizens.

Where do these people get off? Apparently they don’t…unless it’s for the purpose of procreation. No wonder they are so uptight!

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