Category Archives: Sex

Can We End the Insulting “War on Women” Meme Now?

Lady Parts

Colorado Senator Mark Udall has a strong record of fighting back against surveillance state abuses. If I lived in Colorado, I would have considered voting for him, as the lesser of two evils, on that basis alone. Instead “Senator Uterus” squandered that advantage by running on the phony and demeaning “war on women.” Let us hope his defeat, along with that of Wendy Davis, sends this insulting meme to the quick death and deep burial it deserves.

Even the use of the word “war” is offensive.

War is the Rape of Nanking. It is the Sebrenica Massacre. War is the Rwandan Genocide. It is 45 million people dead in four years under Mao Ze-Dong and twenty million murdered or starved under Stalin.

War is the freakin’ Holocaust.

Acid attacks, honor killings, forced marriages, slavery, and stoning. Those things might rise to the level of a “war on women.”

Having to pay for your own birth control does not. Neither does a deadline of twenty weeks to terminate a pregnancy. If the wage gap was real (it is not), even that does not constitute “war.”

Using that word to describe anything experienced by women in the 21st century in the United States is an insult to my fortitude and intelligence, and to the victims of real wars all over the world.

But the meme does not stop there. It doubles down on this heaping pile of insult by treating certain issues as inherently interesting to women.

I am more than the sum of my “lady parts[1] and the issues inevitably lumped together under the rubric “women’s issues” hold little interest for me.

Abortion has been protected since 1973. Only 28% of women believe it should be legal in all circumstances. Like 72% of all women, I am not one of them. The wage gap has been massively and repeatedly debunked.[2] The right to purchase and use birth control has been protected since 1965, and I have been able to afford it since I took my first job as a teenager. To the extent I have political concerns about birth control, it is to support over-the-counter availability, as proposed by Udall’s Republican challenger, or to wonder: If birth control is so unaffordable, how are women to pay for the health insurance policies covering birth control as just one of many expensive mandates?

Here are my issues: I think the growth of the surveillance state is an unacceptable trade-off in the fight against terrorism. I worry that the U.S. is crossing moral lines in its reliance on drone warfare, and that we are getting bogged down in never-ending conflicts in the Middle East. I fear our overseas interventions constitute sprinkling water on little terrorist Mogwai. I want non-violent drug offenders released from prison and reunited with their families. I worry about inflation in consumer prices outpacing real increases to income. I believe free markets produce the most beneficial results and that minimum wage laws destroy jobs and harm low-income workers. I think government debt and deficits are immoral and untenable burdens to pass on to our children. I am opposed to restrictions on political speech.

I care passionately about each one of those things.

When politicians suggest I should instead be focused on free birth control or manufactured outrage over phantom discrimination, it is like they are saying, “Oh, don’t worry your little head about those other issues. Those are for the menfolk to work out.”

It is like I am being patted on the head and told, “You’re pretty smart…for a girl.”

To those on the left who want to keep this meme alive, please watch this video of a woman fall down, get back up and start running again. Then consider whether you really want to tell us you think buying our own birth control is too hard.

[1] Unlike man parts, lady parts are protected by U.S. law, both figuratively—as set forth in this post—and literally.

[2] When economists control for educations, occupations, positions, length of time in the workplace, hours worked per week, and other similar variables, the gap narrows to pennies on the dollar. It may not exist at all, since even the remaining gap may be explained by “legitimate wage differences masked by over-broad occupational categories,” lumping together such disparate professions as sociologists and economists or librarians, lawyers and professional athletes.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

How Critics of #GamerGate Are Silencing the Voices of Women

gamergate

Either #GamerGate is about ethics in journalism or it is about harassing women. Thus proclaims Taylor Wofford in a recent article for Newsweek. Operating under this presumed dichotomy, Newsweek surveys the tweets and finds that:

[U]sers tweeting the hashtag #GamerGate direct negative tweets at critics of the gaming world more than they do at the journalists whose coverage they supposedly want scrutinized.

Therefore, concludes Wofford: “GamerGaters care[] less about ethics and more about harassing women.”

In Wofford’s mind, “direct[ing] negative tweets at critics of the gaming world” necessarily equates with “harassing women.” This erroneous equation arbitrarily homogenizes women, assumes that agreement with social justice critiques of the gaming world are an essential element of being female, and silences the voices of all women who disagree with those criticisms.

What Wofford and so many others fail to recognize is the existence of Secret Third Option C: #GamerGate is not about journalistic integrity or about harassing women, but is a backlash against social justice fascism. In a wonderful article, I encourage everyone to read, Cathy Young, writing for Reason summed it up as follows:

This is an anti-authoritarian rebellion, not an antiwoman backlash.

Yet Wofford and his ilk do not even recognize this as a possible motivation. Or perhaps they do, but treat it as the equivalent of “harassing women,” an assumption that only works if one presumes all women march lockstep with the likes of Anita Sarkeesian.

I don’t.

I don’t have a problem with violence against fictitious women as props in video games. I don’t have a problem with fictional women being sexualized as background scenery in video games. If I did have a problem, I just wouldn’t buy the games (or, since I am not a gamer, the books and movies). I think other people should be free to buy what appeals to them, including games with background violence and sexualization of female characters that don’t even actually exist in the real world. I do not think that because women are capable of other roles, they must never be portrayed as damsels-in-distress. I do not think that portraying women (or men) as objects of sexual desire implies they lack other value.

What does rub me the wrong way are people who want to sanitize the world, who want to dictate how we are allowed to interact with each other, and what sort of fantasy lives we are permitted to augment with fictional books, movies and video games; who want to remove all the darker fringes and seedy nooks from our mental landscapes and herd us all into a more civilized and domesticated imaginative realm; where every fictional woman must be treated as representative of all real women and heresies against the enlightened orthodoxy are not permitted.

Since this is how I feel, it seems logical to me that a not insignificant number of #GamerGaters might also feel this way. Since I am not misogynist or interested in “keeping women in line,” it seems logical to me that a not insignificant number of #GamerGaters could be motivated by a desire to push back against social justice crusading without disliking women in general or wanting to “harass” them.

When critics deny these alternative motivations exist, or insist that they necessarily equate with misogyny, they are in effect silencing my voice and the voices of all women who feel as I do. When the critics insist that hatred of one woman or one group of women equates with hatred of all women generally, they treat us as a homogenous class without distinction or individuality.

They should know better.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Hey FCKH8, I Have a Few ‘F-Bombs’ of My Own!

If you thought modern progressive feminists couldn’t be any more childish, you haven’t seen FCKH8’s latest viral video entitled: “F-Bombs for Feminism: Potty-Mouthed Princesses Use Bad Word for Good Cause.”

In the video (below), girls aged six to thirteen repeat progressive feminist bromides and talking points along with some F-bombs (as advertised) in an attempt to get this message to go viral (mission accomplished). As expected, the response by many is to be offended by having these ‘princesses’ use such foul language for any reason.

Personally, I think the whole thing is awful. I don’t like it when children are used for any cause foisted on children by adults, regardless of how noble the cause might be. It even turns my stomach a little when I see politicians use their own children in their campaign ads. It’s even more tacky to hear children speak about such things they most likely have no clue about. My daughter is pretty intelligent and the same age as some of these girls but I’m fairly sure she doesn’t even think about the ‘equal pay’ or ‘rape culture.’ Why should she? She’s nine years-old for crying out loud!*

So here’s the full uncensored version. If this is too much for your ears to handle, go here for the censored version.

Now, wasn’t that just precious!

More important than the shock value of elementary shool girls cursing like sailors…are the things these girls saying true? For the most part, no, these are the same old progressive feminist myths repackaged yet again. I’ve already dealt with the ‘equal pay for equal work’ nonsense here and here. You can also read this article 5 Feminist Myths that Will Not Die. I’ll let Julie Borowski take care of the rest as only Julie Borowski can – dropping her own F-bombs (Fact bombs, I should say) without actually cursing.

I have a few other F-bombs about gender disparities progressive feminists almost never bring up (and I’ll do so without exploiting any elementary age children to make my points):

A young man is required by law to sign up for Selective Service by his 18th birthday. In the event Congress decides to reinstate the draft, men exclusively are conscripted to risk life or limb for ‘his country.’ Also, of those who have died in all the U.S. wars (declared and undeclared) since the American Revolution, 99.99% were men. When men’s rights activists say that society has long decided that men are the ‘disposable gender’ this is one example of what they are talking about.

When young girls are circumcised we call it ‘genital mutilation’ and we are rightly scandalized by this barbaric practice. When baby boys have their genitals mutilated, we call it circumcision because either the boy should ‘look like his father’ or because some women prefer their partner to be circumcised. So much for ‘my body, my choice.’ And imagine the outrage if even one man said that because he preferred the look of a woman’s vagina without a clitorous, baby girls should have it removed?

When it comes to parenting and divorce, mothers get custody of the children roughly 84% of the time.

Let’s call this the gender ‘crime/time’ gap. For Similar crimes under similar circumstances, on average women serve 18.51 months vs. 51.52 months for men.

Since 1976, 15 women (2.9% of the executions) have been executed even though women are responsible for 10% of murders. While I am unapologetically opposed to the death penalty, as long as this barbaric practice is part of the system, this punishment should be an equal opportunity punishment without regard to sex, race, religion, economic or political status, or creed.

At least 3 states (California, Tennessee, and Kansas) require men to pay child support to his statutory rapist.

I could go on but I think I have made my point. There is inequality between the genders and both have their challenges. Personally, I would like to look at the individual rather than who is on ‘team penis’ or ‘team vagina.’ But first, we need to elevate the debate above the elementary school playground.

*This isn’t to suggest she isn’t already very opinionated or doesn’t care about important issues. That’s right, my daughter already has an issue she cares deeply about. Her issue: the alarming decline of the ‘big cat’ populations. According to National Geographic, there are as few as 3,000 tigers, 7,500 snow leopards, 10,000 cheetahs, and 30,000 lions left in the wild. I had no idea about this until my daughter started writing out a script she wanted to read over the intercom at her elementary school to collect money to help ‘save the big cats.’ I suggested that she should ask for donations to the local big cat sanctuary for her birthday instead of presents. Would you believe she was actually thrilled with this idea and followed through? I couldn’t be more proud of her. If she wanted to make a viral video about saving the big cats, I might make an exception to my ‘no kids’ rule because this is an issue that she actually cares about.

Affirmative Consent Is the New Sexual Puritanism

California’s new affirmative consent standard for university disciplinary proceedings puts the onus on the accused to prove that consent was “affirmative,” “voluntary,” and “ongoing,” rather than on the accuser to overcome the presumption of innocence. In so doing, it leaves those subject to its purview unclear as to how the standard functions; it institutionalizes assumptions about the fragility of women; and it effectively places entire realms of sexual exploration off limits to adults who happen to be attending university.

UNCLEAR APPLICATION

The chorus of voices defending the law like to write about what sort of sex is acceptable and what sort is not. Amanda Marcotte, for example, assures us that:

The drafters understand, as most of us do when we’re actually having sex, that sometimes sexual consent is nonverbal and that there’s a difference between drunk, consensual sex and someone pushing himself on a woman who is too drunk to resist.

This is a dodge. The issue is not whether most of recognize, in the moment, what nonverbal consent or consensual, drunken sex look like.

The real, and infinitely more difficult, issue is how a university disciplinary body makes an after-the-fact determination in the face of different versions of, or different perceptions about, what occurred. How does it ascertain—in the presence of conflicting stories—whether what happened was drunk, consensual sex or “someone pushing himself on a woman who was too drunk to resist?” How does it decide what possible demonstrations of nonverbal consent are sufficient to excuse the accused from punishment?

The affirmative consent standard does not further the quest for truth where one of the parties is a predatory liar, willing to tell falsehoods in furtherance of a malicious agenda. Nor does it add anything to the process where both parties tell the same story about an encounter that constitutes rape under existing criminal laws and procedures.

Those are not the cases that will be impacted by the new standard. Its target, rather, is those situations where the parties give consistent or reconcilable accounts of an encounter involving mixed signals and ambiguities; and they have divergent perceptions about whether it was meaningfully consensual.

How affirmative consent functions in such cases remains to be seen. Slate’s Amanda Hess, a defender of the law, concedes, “enthusiastic consent is often communicated in body language or knowing looks.” Is the university to determine whether the “knowing look” described by the accused constituted affirmative consent? Must it parse whether the accused elicited a gasp of pleasure versus an exhale of pain?

As Michelle Goldberg, blogging at The Nation, writes:

Now, most of us know what this kind of consent looks like in practice, but as a legal standard, it’s hard to imagine how it would be implemented. Do moans count as consent? How about a nod, or a smile, or meaningful eye contact? If a woman performs oral sex on a man without asking him first, and if he simply lies back and lets her, has she, by the law’s definition, assaulted him?

Thomas MacAulay Millar at the Yes Means Yes blog, does his best to clarify:

There are lots of ways to ask for a yes. If you lean in to kiss someone and they lean in to kiss you back, that’s yes. If you ask someone if they want your cock and they say, “I want your cock,” that’s yes, and if they put their mouth on it, that’s yes, too. If you’re fucking someone and holding them down and you’re both sweating and maybe bruised and you lean in and your hand is on their throat and you say, “can you still say no?” and they say, “yes,” that’s yes. We’re not kids here, right?

It is the last example I find most interesting. In this scenario, the accused (remember, the standard only becomes relevant if one of them ends up accused) leans in and, with his hand on the accuser’s throat, asks a question to confirm that the accuser can still say no. Then, having confirmed the accuser can still say no, the accused deduces from the fact that no has not been uttered, that it is all right to proceed.

How is that different from the old standard in which the absence of “no” was taken to be indicative of consent?

INSTITUTIONALIZES ASSUMPTIONS ABOUT THE FRAGILITY OF WOMEN

As noted, the standard does not enhance the quest for truth where one party is a criminal willing lie; the liar merely adjusts the lies to the new standard. Nor does it add anything meaningful where the accused admits conduct constituting rape under existing laws and standards. Rather, it is aimed at situations where one person has negative perceptions of the encounter, either during or after, but for any number of reasons did not effectively communicate non-consent—and the other person says, “I would have stopped if I had known.” It shifts the burden of avoiding the encounter away from the person who did not want it, but failed to say so, and onto the person who wanted it, but failed to ask.

But why?

If accuser cannot be held responsible for making preferences known and demanding they be respected, why does the accused have to shoulder that responsibility?

I suspect the reason has to do with the accuser usually being female and the accused usually being male. Just reading the copious text written in its defense confirms its proponents assume the standard it will function to protect women in their encounters with men:

The new California law will make it harder for men who enjoy having sex with the unwilling to argue that her nonconsent was “ambiguous” in order to escape punishment.

Looking for a woman who said “yes” (or any variation of it, which can be expressed in a variety of ways, both verbal and nonverbal) instead of focusing on whether she said no in exactly the right words will help put the role alcohol plays into focus. It will clear up some of the murky gray areas, such as cases where a woman is too drunk to be articulate in her refusals but not so drunk that she passes out. It will also offer a degree of protection for scared men, because a somewhat intoxicated woman who explicitly asks for sex will have a hard time convincing the courts she hasn’t “demonstrated intent” to bone. It’s an easy way to get more guilty men convicted while offering protection for innocent men.

“I had a friend who was like, ‘I had sex with this guy and I was really uncomfortable—I wish I’d said something,’?” says Trina Bills, a student who graduated last year. “But she didn’t, and so he didn’t know. When she finally told him, he said, ‘You should’ve told me. It would’ve been fine—we just wouldn’t have done anything.’ The communication aspect of this is real. And everyone communicates differently.”

Maybe I am wrong.

Maybe proponents of this standard envision it being used to expel young women from university, after they have expended extraordinary sums to attend, for having an encounter with a wasted male classmate, without pausing to be “Pretty Damn Sure” it was consistent with his sober, higher-order values and preferences. It seems more likely, however, that the standard will be used to revive, institutionalize, and perpetuate the age-old belief—now under new management—that the woman is the fragile partner in any sexual encounter with a man; and that for her, the default position should be no sex, because the consequences of anything less than wholehearted consent are all too terrible.

ELIMINATES SEX DISAPPROVED OF BY THE ORTHODOXY

Proponents will argue that there is no downside to this burden-shifting of responsibility to the higher-power party, of eliminating those sexual encounters where the power differential renders consent ambiguous or uncertain.

In an amazing essay for BookForum called “Fifty Shades of Beige: How E. L. James created an unlikely cottage industry in sanitized s/m,” Kerry Howley writes about French philosopher Georges Bataille’s description of eroticism as:

“[A]ssenting to life up to the point of death,” … about a moment of freedom from the prison of isolated existence, a moment in which an essentially discontinuous body might experience the kind of continuity with the universe we’ll all presumably find when our lives are over. In the erotic we bump up against the possibility of dissolution …

… There is in the erotic that hard jolt of coming undone, the “elemental violence,” as Bataille put it, “which kindles every manifestation of eroticism.” Where we find the erotic we find anarchy, an unraveling, a falling apart, dissolution. We find, as in the work of Sade, Anaïs Nin, and the pseudonymous Pauline Réage, that a sexual frenzy spills readily into savagery.

Howley juxtaposes the narrative arc of Fifty Shades of Grey with the standard commentary on the success of the trilogy. In the book, the female protagonist “cedes control” and “allows a billionaire she doesn’t really know, and suspects is a sadist, to chain her to a wall in his ‘playroom.’” As Howley recognizes, this “not behavior we associate with the ideals of self-preservation and delayed gratification.” Nevertheless:

The model Fifty Shades of Grey think piece…is a defense of the book…though these defenses do not extend to anarchy, or chaos, or ecstasy at all. In the Fifty Shades think piece, the book is a teaching tool, a means of instruction, Our Bodies, Ourselves with a stronger narrative drive.

Fifty Shades, we learn, is a force for “good” because it “gets women talking about sex.” It is good, we learn, because it “encourages a dialogue.” Fifty Shades, insists a panel of experts on The Dr. Oz Show, is an educative tool permitting healthy adult women to express their desires within the realm of companionate heterosexual marriage.

Howley insightfully recognizes that the dissonance, between what occurs in the book and the insistence it must be healthy for women, emanates from the needs of “anxious arbiters of cultural meaning” to “attempt to remove the erotic from the realm of the savage and claim it for civilization.” I see some of the same motivations at play in the debate about affirmative consent. The law functions as an effort by the collective to domesticate sexuality, “claim [it] for civilization,” and ensure it only occurs under carefully constructed circumstances deemed “healthy” by the enlightened.

Not everyone wants to live within those confines; some men and women enjoy life closer to the edge. A substantial number of both, for example, enjoy ravishment fantasies. Some of them live out these fantasies via role-playing in which consent is determined to be ongoing where a safety word is not uttered. This allows a participant to “protest” without bringing the encounter to an end.

Are university students allowed to engage in this type of role-playing? Can “affirmative” consent be proved by the failure to utter a safety word that is nothing more than a mutually agreed upon replacement for the word “no?”

Conor Friedersdorf of The Atlantic has posted a very interesting letter from someone claiming to be a recent graduate cataloguing his experiences with “affirmative consent.” The writer claims, for example that, on their second night together, one of his first partners, threw up her hands in disgust:

“How am I supposed to get turned on when you keep asking for permission for everything like a little boy?” She said. “Just take me and fuck me already.”

After repeatedly seeing disappointment in the eyes of his female partners when he did not fulfill the leadership role they wanted him to fill in the bedroom, he learned to take an assertive lead that involved proceeding unless he got a “no” (which included any nonverbal suggestion he was about to cross a line).

It would be easy to dismiss this as a man’s inability to correctly perceive what is really going on with women. But I know women who would agree with everything said in his letter. And who could forget this Best of Craigslist post, which appears to be written by a woman, calling men out for their increasingly beta male approach to sex?

Friedersdorf’s anonymous correspondent further claims to have, more than once, experienced situations where his partners put up “token resistance” that they wanted him to overcome. When Rush Limbaugh said something similar, he was lambasted. But yet again, I have personally known women, mostly of an older generation (but not all), who are most comfortable with a dynamic wherein the woman dutifully resists, thus demonstrating her purity, and then succumbs only after being seduced, thus confirming the man’s prowess.

Do I like that dynamic?

No. I find it grotesque.

But once we accept the proposition that only “healthy” sex deserves defending, the bedroom becomes yet another sanitized, domesticated landscape where people’s—and especially women’s—experiences are carefully managed by the cultural elites; where risks are discouraged; where optimal health is achieved via careful planning; where regrettable sex is forbidden alongside super-sized sodas, trans-fat and incandescent light bulbs; where barriers are erected to prevent us from treading too near the place of dissolution.

And feminism becomes the new Puritanism.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

How ‘Affirmative Consent’ Laws Threaten Due Process

A few weeks ago, California Governor Jerry Brown signed into law the nation’s first “affirmative consent” law. When it was proposed back in June, I said the proponents were control freaks. The law essentially says that consent must be given, affirmatively and actively, for each act of a sexual encounter. In other words “yes means yes.” It sounds reasonable enough doesn’t it?

The law has already spread with lawmakers proposing similiar laws across the country. New York Governor Andrew Cuomo implimented the policy at the SUNY system of universities across New York with plans to incorporate it into state law. Lawmakers in Illinois, New Hampshire, and New Jersey have plans to introduce similiar legislation across the country.

While the lawmakers proposing the bills are all Democrats, the laws have found support in unlikely corners, social conservatives and even some libertarians. Townhall.com writer Conn Carroll supports the laws because he wants to discourage the “hookup culture.” Libertarian blogger Kelli Gulite argues that the laws clear up the “ambiguity of the existing consent standards.”

However, while the affirmative consent laws are a well-intentioned attempt to address a problem (rape), they ultimately do more harm than good, especially where civil liberties are concerned. These laws will result in (mostly) young men either being expelled from universities and/or charged with a crime they did not commit.

Here’s some reasons why affirmative consent laws are not the way to go:

1) Sets us on the road to “precrime”. One of the lawmakers proposing these laws for their state, N.H. State Rep. Renny Cushing state this “We need to change the dialogue and we need to start talking about prevention rather than have a legal concern about whether or not someone was capable of giving their consent.”

I’ve heard that before somewhere:

These laws will no more prevent rape than laws against hate speech will prevent murder.

2) It eliminates the presumption of innocence. The laws state that someone is guilty of rape if there was no yes. This will force the defendant to have to prove that there was a yes. That forces the burden of proof on the defendant, not the state and the university. The only logical way for a potential defendant to protect themselves from a rape allegation is to record the sexual encounter or some kind of proof that the encounter was explicitly consentual.

In other words, we’re right back to the problem these laws were trying to prevent “he said vs she said.” Under the reasonable doubt standard, that’s clearly not enough evidence on its own to force a conviction. However, in a campus proceding or a civil lawsuit, there is no reasonable doubt but only preponderance of evidence.

These laws codify the process of the campus-based procedings which have been criticized as essentially kangaroo courts that threaten the rights of the accused.

3) It will lead to the prosecution of boorish behavior and bad sex as rape. In her defense of these laws, Gulite wrote:

The best way to show why affirmative consent is a better standard than previous standards is through an example. Two students agree to have vaginal intercourse, but without warning or asking permission, the male student begins to have anal intercourse. Of course, the female could say no immediately after taking a few seconds to register what happened and the male could oblige. However, the sexual assault has already occurred.

Under the affirmative consent standard, the victim has recourse. Without it, she does not. (emphasis hers)

Perhaps I’m a caveman, but I fail to see a case for disciplining, suspending, or expelling the young man; let alone having him arrested and subjected to the legal process for essentially an act of boorish behavior. This particular example looks like something that should be best handled between the two of them without involving the university or the authorities.

If this woman has recourse under this example under affirmative consent, what about bad sex in general? Or if a woman regrets a sexual encounter the next day? We know false rape accusations happen, even if we don’t know what the exact percentage is. I fear this standard will just increase the number of them.

The road to hell, or the loss of liberties, is often paved with good intentions. The affirmative consent standards are an excellent example of this. We should resist the urge to “just do something” to address sexual assualt at colleges. We should also resist using the government to impose our own personal morality. All those will do is just lead to erosion of more liberties.

 

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at IJ Review.com and Rare. You can also find me over at the R Street Institute.

The own goal of Okcupid

The ousting of Brendan Eich from his post as CEO of the Mozilla Foundation is seen by many as a blow against intolerance. It is in fact the opposite, and if gay rights groups expand such ‘outings’ as a tool to suppress opposition, they risk deepening the antagonism and resistance by people who view them as a threat to our culture.

Let us start by examining Eich.  Eich is a well regarded software developer, one of the numerous people whose brilliant inventions have made the Internet the powerful, revolutionary tool it is.  In 1995, he was hired by Netscape to produce a tool for an upcoming release.  Rather than producing the limited implementation that his bosses had envisioned, Eich invented a new scripting language, now known as Javascript.  Javascript allowed local browsers to execute code to control browser behavior.  It revolutionized the Internet; rather than browsing through static web pages served by an overworked server, it allowed a website to push logic such as form validation to a user’s computer, allowing web pages to become dynamic entities that interacted with a user.  Javascript continues to be actively developed and is used universally to this day. Anyone who spends more than a few hours on the Internet a week is almost certain to benefit from it, and thus is the beneficiary of Eich’s wonderful invention.

Given his nearly two decades of experience in maintaining and improving a critical piece of the Internet infrastructure, Eich was a logical choice to lead the Mozilla foundation.  The flagship product of this non-profit is the Firefox browser, which traces its lineage to the Netscape browser, and Eich had been one of the people who had shepherded the project as it grew like a phoenix from the ashes of a defunct company.

Now let us turn to the OKcupid complaint that was served to people using Firefox.

Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid.

Politics is normally not the business of a website, and we all know there’s a lot more wrong with the world than misguided CEOs. So you might wonder why we’re asserting ourselves today. This is why: we’ve devoted the last ten years to bringing people—all people—together. If individuals like Mr. Eich had their way, then roughly 8% of the relationships we’ve worked so hard to bring about would be illegal. Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.

If you want to keep using Firefox, the link at the bottom will take you through to the site.

However, we urge you to consider different software for accessing OkCupid.

Now, let us be clear: the complaint against Eich had nothing to do with his job. Firefox was not an anti-gay software platform.  In fact, I doubt that it’s codebase contains any logic pertaining to sexual orientation.

The Mozzilla Foundation produces open source tools that allow people to publish informsation and communicate with each other via the Internet.  If anything the Mozilla Foundation has and will continue to help members of marginalized groups or groups that are discriminated against to connect with and support each other.

That wasn’t going to change with Eich at the helm.

So, OKCupid wasn’t upset at the way Eich was doing his job, they wanted to fire him because they hated that he had once supported a political movement they hated. They wanted nothing but failure for him.

But what was his crime?  The political movement he had given $1,000 to that lost in the courts.  Proposition 8 cratered.  Completely.  And with changing demographics, it will be decades before something like it has a chance of winning at the polls and being upheld by the courts.

In short what the senior officers of OKCupid were hoping to do was to intimidate the opponents of gay marriage into silence.  Rather than being gracious victors who foster peace, they wished to continue fighting.  And in doing so, they will only embolden their opponents in the culture war to fight harder.

Most of the opponents of gay marriage fear the cultural upheaval that would result from such a massive change to an institution that they see as the foundation of society.  The way to get them to accept the change is by showing them that the inclusion of homosexual relationships in the set of legally sanctioned unions will not destroy society, that their lives will continue, their communities prosper, and their children will be allowed to grow to realize their potential.

Attempting to destroy their livelihoods and drive them out of civil society will go against that goal.  Persecuting them will only harden their hearts against those who persecute them.   OK Cupid did not strike a blow for tolerance.  Rather, they flamed the fires of intolerance, and who knows what those flames will consume should those fires burn out of control.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Liberty Rock: “Spike in My Veins” by Korn

This is a great, important, video. I hope you will enjoy this. I have some additional thoughts about this video and this subject posted here.

We are the ones taking all the pain
Falling on our faces
They don’t care anyway
Anyway, now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate, to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out the path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

We are the ones reaching out in vain
Trying to solve our problems
They won’t go away, go away now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Love Objectively

At most every wedding I have ever attended, 1 Corinthians 13:5 is the selected Bible verse: “Love is not rude, is not selfish…”

This overly used quotation notwithstanding, the Objectivist’s view of love is that love necessarily is selfish. Gary Hull explains:

Imagine a Valentine’s Day card which takes this premise seriously. Imagine receiving a card with the following message: “I get no pleasure from your existence. I obtain no personal enjoyment from the way you look, dress, move, act or think. Our relationship profits me not. You satisfy no sexual, emotional or intellectual needs of mine. You’re a charity case, and I’m with you only out of pity. Love, XXX.”

Needless to say, you would be indignant to learn that you are being “loved,” not for anything positive you offer your lover, but–like any recipient of alms–for what you lack. Yet that is the perverse view of love entailed in the belief that it is self-sacrificial.”

[…]

The nature of love places certain demands on those who wish to enjoy it. You must regard yourself as worthy of being loved. Those who expect to be loved, not because they offer some positive value, but because they don’t–i.e., those who demand love as altruistic duty–are parasites. Someone who says “Love me just because I need it” seeks an unearned spiritual value–in the same way that a thief seeks unearned wealth. To quote a famous line from The Fountainhead: “To say ‘I love you,’ one must know first how to say the ‘I.’

On a lighter note, here’s the Top 10 Libertarian Pickup Lines

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.

» Read more

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!

Quote of the Day: Obscene Edition

The sweater vested theocrat Rick Santorum has struck again, this time promising to “vigorously” enforce obscenity laws. Tom Knighton at United Liberty thinks that there are higher priorities facing the next president than lax enforcement of pornography statutes writing:

Take a look around for a moment. We have a nation that is falling apart. The constitution is practically on life support, and Congress is doing it’s best to pull the plug on it. American citizens can be detained indefinitely thanks to the NDAA. There are constant assaults on the internet through laws like SOPA. Now, the Secret Service can declare anywhere it wants as being off limits to free speech, and speaking your mind can constitute a felony. And where does Rick Santorum’s line in the sand fall? Apparently, on yet another action that involves consenting adults.

[…]

He’s talking about preventing me and my wife from watching something that was created by consenting adults, for consenting adults, sold to a willing customer who was also a consenting adult. That’s where this man’s priorities are?

I couldn’t agree more! Santorum’s priorities may be in line with some of the evangelicals in the GOP but I’m quite certain that most voters in the general election have very different priorities. This is yet another example of why if Santorum wins the nomination, Barack Obama will serve a second term as president.

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!

Either You Want Government Out of Your Bedroom or You Don’t

One way we libertarians often describe ourselves are individuals who don’t want the government in our bedroom or our boardrooms. Those on the Left typically agree with the former while disagreeing with the latter while those on the Right typically believe the reverse. Yet when it comes to the federal government mandating that all health insurance policies provide “free” contraception via Obamacare, suddenly the Left wants the government in the bedroom while the Right correctly wants no part of it.

President Obama seems to believe (or more likely, wants us to believe) that by decreeing that contraception be free that it will be. No, birth control devices cost no money to develop, test, produce, or distribute; somehow these products are immune from the notion that there is no such thing as a free lunch*. This is the kind of policy that causes health insurance to go up in price because now everyone pays just a little more on their premiums whether everyone wants or needs contraception or not.

Much of the debate on this mandate has centered around the idea that Catholic and other religious organizations should be forced to either directly or indirectly provide contraception in their healthcare plans. Like Brian Lehman writes at United Liberty, this is missing the point. As a pro-choice libertarian atheist, I too am offended by the notion that I must pay for coverage I don’t want or need**. Why don’t I have a right to choose the level of coverage that suits my family’s healthcare needs?

Some healthcare providers may determine that offering the coverage is more cost effective than covering unplanned pregnancies and all that entails. Others may come to a different conclusion. In a more perfect world, individuals would be able to shop around for the right coverage independent of employers or the government. This would take the politics out of the issue except for those who insist that contraception is a right. (Here’s a hint: it isn’t.)

Contraception is a good thing and we are very fortunate to live in a time when we can better plan if or when we want to have children but those who choose to be sexually active should take responsibility for providing it. Is it really too much to ask to buy your own condoms, pills, shots, or whatever? If for some reason you cannot afford contraception, there are organizations that offer these products and services at little or no cost. When did your orgasm become my responsibility?

I think it’s time for my friends particularly on the Left to make a decision: do you really want the government in your bedroom? I sure as hell don’t!

» Read more

Rick Santorum, The Anti-Libertarian

Until Rick Santorum’s recent surge in the polls, I didn’t consider him much more than a nuisance. Since the beginning of the campaign, I thought he had the most anti-libertarian agenda in the 2012 race but I didn’t think he was as realistic of a threat as say Rick Perry or Newt Gingrich. The best way to approach Santorum was to ignore him and not give him the attention he desperately craved.

But since Santorum is polling in the top three in Iowa, I think it’s time use his own words to illustrate why he is the most anti-liberty candidate in the race. He actually makes Barack Obama look like a civil libertarian (which is quite an accomplishment).

First, in this interview, Santorum says (among other things) that the pursuit of happiness somehow harms America.

Then, David Boaz writing for Cato@Liberty shares this quote from Santorum taken from a 2006 interview on NPR:

One of the criticisms I make is to what I refer to as more of a libertarianish right. You know, the left has gone so far left and the right in some respects has gone so far right that they touch each other. They come around in the circle. This whole idea of personal autonomy, well I don’t think most conservatives hold that point of view. Some do. They have this idea that people should be left alone, be able to do whatever they want to do, government should keep our taxes down and keep our regulations low, that we shouldn’t get involved in the bedroom, we shouldn’t get involved in cultural issues. You know, people should do whatever they want. Well, that is not how traditional conservatives view the world and I think most conservatives understand that individuals can’t go it alone. That there is no such society that I am aware of, where we’ve had radical individualism and that it succeeds as a culture.

Silly me. I thought the American Revolution and this grand experiment in republican constitutional governance was precisely about “radical individualism” and liberty. To the extent our society hasn’t succeeded is due in large part to moralistic busy bodies just like Rick Santorum.

As if meddling in the affairs of Americans were not enough, Santorum also wants to continue to meddle in the Middle East and elsewhere. Santorum told “Meet the Press” that he would bomb Iran via airstrikes if Iran failed to allow inspectors verify that the regime isn’t developing a nuclear weapon (essentially, Iran is guilty of developing a bomb until proven innocent). “Iran will not get a nuclear weapon under my watch” Santorum proclaimed.

It seems that Rick Santorum inhabits another planet from those of us who believe in liberty, small government, and a humble foreign policy. This might explain why in the debates Santorum has the look of bewilderment on his face when Ron Paul speaks (in a foreign language apparently) about common sense principles of life, liberty, and property.

If the idea of a President Santorum doesn’t frighten you, it should.

The Family Leader’s Pledge Provides Litmus Test for Social Conservatives AND Libertarian Leaning Republican Primary Voters

Just last week, a “pro-family” group that calls itself “The Family Leader” laid out a 14 point “Marriage Vow” pledge for G.O.P. presidential primary candidates to sign as a condition of being considered for an endorsement from the organization. Among the more troubling points of this pledge, at least for those of us who care about limited government and individual liberty: vow support for the Defense of Marriage Act and oppose any redefinition of marriage, “steadfast embrace” of a Marriage Amendment to the U.S. Constitution that would “protect” the definition of marriage in all states as “one man and one woman” and “Humane protection of women” from “all forms” of pornography. Another point of the pledge reads “Rejection of Sharia Islam and all other anti-woman, anti-human rights forms of totalitarian control” which I find quite ironic in that many of the 14 bullet points would be almost perfectly in sync with Sharia Islamic law.

In the introduction to the pledge, there was language that suggested that black families were better off during slavery and more likely to be families that included both a mother and a father than “after the election of the USA’s first African-American president.” This language was later struck from the document that included the pledge.

For most of the G.O.P. field, candidates were reluctant to sign and offered no comment. Mrs. Tea Party herself, Michele Bachmann, however; couldn’t sign the pledge fast enough – even before the reference to black families was removed. Rick Santorum also signed, Jon Huntsman said he doesn’t sign pledges, Newt Gingrich reportedly won’t sign the pledge unless there are additional changes to the language (How could he? Isn’t he on wife number 3?) Mitt Romney rejected the pledge calling it “inappropiate for a presidential campaign” and a Ron Paul spokesman said the congressman “has reservations” about the pledge and “doesn’t want the government to dictate and define traditional marriage.”

Gary Johnson, true to form, effectively vetoed the pledge.

Actually, this is an understatement. Gov. Johnson blasted the pledge calling it “un-Republican and un-American.”

Government should not be involved in the bedrooms of consenting adults. I have always been a strong advocate of liberty and freedom from unnecessary government intervention into our lives. The freedoms that our forefathers fought for in this country are sacred and must be preserved. The Republican Party cannot be sidetracked into discussing these morally judgmental issues — such a discussion is simply wrongheaded. We need to maintain our position as the party of efficient government management and the watchdogs of the “public’s pocket book”.

This is exactly what this so-called marriage vow is: a distraction. The Tea Party movement was successful in the 2010 elections because the focus was on the economy, limited government, and liberty NOT divisive social issues.

Gov. Johnson continues:

This ‘pledge’ is nothing short of a promise to discriminate against everyone who makes a personal choice that doesn’t fit into a particular definition of ‘virtue’.

While the Family Leader pledge covers just about every other so-called virtue they can think of, the one that is conspicuously missing is tolerance. In one concise document, they manage to condemn gays, single parents, single individuals, divorcees, Muslims, gays in the military, unmarried couples, women who choose to have abortions, and everyone else who doesn’t fit in a Norman Rockwell painting.

Maybe The Family Leader has done as all a huge favor? By pressuring candidates to sign the pledge in hopes of receiving The Family Leader’s precious endorsement, those of us who want to have some idea of how serious these candidates are about limited government and freedom now have a litmus test of sorts. Michele Bachmann and Rick Santorum receive an F, Jon Huntsman and Newt Gingrich maybe a B, Mitt Romney and Ron Paul an A, and Gary Johnson an A+. The rest who have yet to respond get incompletes.

Obviously, for so-called values voters, the grades would be awarded in the opposite way (i.e. Johnson gets an F and Bachmann an A+). This pledge exposes the divide within the Republican Party and the battle for the party’s soul. Will G.O.P. primary voters nominate someone who will welcome individuals (especially independents) who aren’t necessarily found in a Norman Rockwell painting or will they once again nominate someone who panders primarily to white Christian men who want to tell you what to do in your bedroom?

If they win, we might as well get used to the idea of 4 more years of President Barack Obama.

House GOP Anti-woman Language Struck from “No Taxpayer Funding for Abortion Act”

In an attempt to restrict the practice of federal tax funded abortions, the House GOP committed one of the most incredible political PR blunders imaginable: narrowing the definition of rape to “forcible rape.” The “No Taxpayer Funding for Abortion Act” included provisions that would in fact allow for taxpayer funded abortions provided that the pregnancy was the result of such a rape.

So what kinds of rape were excluded? Women who are drugged, intoxicated, mentally incapacitated, under age (i.e. statutory rape), and even date rape victims did not qualify under the House bill’s definition of “forcible rape.” While I do think each of these things should be debated in a criminal justice context, its wholly inappropriate here.

Here’s another example of abortion opponents needlessly taking the issue in to legal territory it need not go. I’ve never quite understood why pro-lifers are so eager to say that there’s no such thing as a right to privacy (though the 4th and 10th 9th Amendments say otherwise) to argue that Roe v. Wade was incorrectly decided. In the case of redefining rape in this legislation, House Republicans could have potentially put women in danger had they had their way. All they really needed to say was “No Taxpayer Funding for Abortion.” Period.

Forget about the whole issue of abortion in the context of this language. It’s not difficult to see why this language wouldn’t play well among women – even to pro-life women. Surly some of these congressmen have daughters, sisters, or mothers? If one of the women they loved was drugged and raped, would they really have the nerve to say that the non-consensual sex was somehow not a rape?

If the bill did somehow become law of the land, it’s not difficult to see how a criminal defense lawyer might use the law to benefit his client: “Your Honor, my client in fact did not commit rape at least as defined in the ‘No Taxpayer Funding for Abortion Act’…he put something in her drink to ‘get her in the mood’ and he likewise took a Viagra.”

Maybe that’s a little farfetched – I don’t know, I’m not a lawyer and don’t even play one on TV. It does seem dangerous though to start redefining words like rape in such a careless fashion.

Fortunately, the offending language was taken out of the bill today due to pressure from various activist organizations but the damage to the sponsors of this bill is surely already done. I fully expect this issue will resurface in attack ads in the next election cycle. This time, the attacks will be well deserved.

Ayaan Hirsi Ali Supports Missionaries?

I’m on the mailing list of Ayaan Hirsi Ali, the humanist and author of Infidel. In the latest newsletter from her AHA Foundation I got this message:

“Ayaan Hirsi Ali, the former Muslim human-rights activist who lives under armed guard for fear of her life, is author of the powerful new book “Nomad.” As secular as they come, she advocates that Christians become more active in countering the growing reach of Islamic radicalism in the Western world with their own outreach program.

“Next to every mosque, build a Christian center, an enlightenment center, a feminist center,” Hirsi Ali explained. “There are tons of websites, financed with Saudi money, promoting Wahabism. We need to set up our own websites – Christian, feminist, humanist – trying to target the same people, saying, we have an alternative moral framework to Islam. We have better ideas.”

Uh…yeah. This is a really bad idea. Many developing countries, especially in sub-Saharan Africa, already have quite a few Western Christians preying on their weaknesses in order to foment fundamentalism. I recommend Ali read about the anti-gay laws in Uganda which were strongly supported by US evangelicals.

Ali really needs to be careful. Her personal past with Islam could easily lead her into the hands of fundamentalist Christians, many of which are as intolerant and nefarious as the worst Muslim fundamentalists of her Somalia. Islam and Christianity both originated from elsewhere and became widespread in Africa through aggressive proselytizing.

As for humanist and feminist centers, I’m all for the former and possibly for the latter, depending on what kind of feminism it is that we’re talking about.

Point: “State’s Rights” A Misnomer

This is a post in our continuing “Point/Counterpoint” series, where TLP contributors and/or guest posters debate a topic. In this installment, Michael Powell argues against the existence of “states’ rights”. Tomorrow, Brad Warbiany will defend states’ rights, and his post can now be found here.

During the twentieth century, there were several confrontations between federal authorities and those proclaiming “state’s rights.” The most notable were those of Arkansas Governor Orval Faubus, in 1967, who called on his state’s National Guard to block several African American youths from attending high school and Alabama Governor George Wallace, who literally stood in the way of troops sent by the Kennedy Administration to escort students Vivian Malone and James Hood (both instances being unforgivable offenses in the Deep South) in 1963. The state was blatantly violating not only individual rights of its citizens but also the legal authority of the U.S. Supreme Court and the executive branch.

The “right” for the state to discriminate against the individual in defiance of federal law (and human decency, which is another matter and not a concept that is very popular in Alabama or other deep southern states) was precisely what George Wallace cited explicitly in his speech at the University of Alabama on June 11, 1963:

The unwelcomed, unwanted, unwarranted and force-induced intrusion upon the campus of the University of Alabama today of the might of the Central Government offers frightful example of the oppression of the rights, privileges and sovereignty of this State by officers of the Federal Government. This intrusion results solely from force, or threat of force, undignified by any reasonable application of the principle of law, reason and justice. It is important that the people of this State and nation understand that this action is in violation of rights reserved to the State by the Constitution of the United States and the Constitution of the State of Alabama. While some few may applaud these acts, millions of Americans will gaze in sorrow upon the situation existing at this great institution of learning.

Personally, I would not cry crocodile tears if the South had been let go during the Civil War. My ancestors fought in the Confederate Army but my personal life has been filled with people of color. The South has not simply been racist; it has been the closest region in the Western World to pre-industrial feudalism. Its ugly history of public executions, terrorism, exclusion from employment and education of massive portions of the population (including not just people of color but poor whites, women and those who stood against the Southern Christian traditionalist grain), intellectual rejection, ethno-nationalism, proud ignorance and aggressive religiosity is more reflective of the worst regimes in the Middle East than the enlightened industrial democracies of Western Europe, North America and Asia. Just as is the case with the Middle East, the rich natural resources of the South have been the primary reason for keeping the impoverished backwater area in the sphere of the United States.

If it hadn’t been for slavery, racism and the South, the “state’s rights” argument may have more standing validity. Unfortunately, for those who bring back its spectre it brings to mind Jim Crow laws, lynchings, segregation and war. Just as the swastika, which actually has a relevance to Buddhist philosophy, has been defiled by the actions of German National Socialism, “state’s rights” has been defiled by the actions of Southern political actors.

For issues in which “state’s rights” would be a logical defense, especially regarding marijuana, where states like California seek to protect the individual rights of drug users in defiance of prohibitionist federal intervention, I have to beg the question: Why is it an issue of state governance and not simply the right of the individual to do as he wishes?

This isn’t simply a historical, theoretical argument either. States are still today violating individual rights, with the federal government acting as an intervening force of justice. Arizona’s immigration law, SB 1070, which effectively legislated racial profiling and declared war on undocumented workers who are critical to the American economy, is being set upon by the Obama administration’s Justice Department.

I have worked in Latin American foreign policy, so I would like to add that, while I stand in firm opposition to SB 1070, I understand completely why it was implemented. We are in really bad economic shape, as I surely don’t have to inform anyone here. That is exacerbated by the perception by people that don’t understand economics that Hispanic immigrants are “stealing” their jobs and the horrendous mob violence that has been implemented on the border by drug cartels. I reject Kantian ethics that proclaim motivations to paramount to results, however, and a mob of fearful people hardly ever makes the right decision. In American history, “state’s rights” has been a flag that has often been waved by populist demagogues while “individual rights” has been waved by judges and executives with a better grasp of the law. “State’s rights” is a misnomer which is usually used to defend defiance of settled law. It doesn’t deserve or necessitate revival in our political discourse.

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