Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

October 24, 2014

Idaho Gay Marriage Lawsuit Moot – City Backs Down

by Brad Warbiany

I’ve covered the Idaho “Hitching Post” gay marriage case. I started with a relatively in-depth look at the legal issues involved on Monday, and then covered some inconsistencies in the history of the Hitching Post’s religious designation yesterday.

Today, though, it has all been resolved. The Hitching Post’s recent change from performing civil marriages as well as religious marriages to performing ONLY Christian religious ceremonies, and explicitly forming themselves as a religious business 3 weeks ago, have now exempted them from the anti-discrimination ordinance.

From Boise State Public Radio:

Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.

“After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

Now, it’s partly incorrect to draw some links between this case and Hobby Lobby. That of course involved a federal law whereas this is a city ordinance, and that case was decided on the grounds of the federal RFRA, where the religious exemption is what protects the Hitching Post here. (That said, Idaho has an RFRA, and virtually everyone is in agreement here that forcing the ministers themselves to officiate the ceremony would violate it.)

But at the same time, there were a few things in that decision (and the precedent discussed in the decision) that are instructive.

The first is that Hobby Lobby held that a “closely held” corporation could have religious beliefs, in the sense that it was the direct expression of a very small-knit group of owners. While a publicly-traded corporation wouldn’t have the same protection, a corporation held by a small religious family is entitled to the same protections under RFRA that the owners themselves would be, because the corporation is not truly separable from them as owners.

The second is that under previous RFRA cases, generally any sincerely-held religious belief is taken at face value. The Court isn’t in the business of deciding what religious beliefs are “valid” and what religious beliefs aren’t. Thus, as long as the actions of the Hitching Post are consistent as a religious corporation, forcing them to offer services to same-sex engaged couples violates their religious freedom. Thus, from the Boise article again:

Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies.

“However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

So while some of the red-meat Conservatives were hoping that this would be the wedge that destroys gay marriage, I think everyone’s out of the water.

And to the Knapps, while I profoundly disagree with your belief, and sincerely hope that you come to my side of the aisle on this one, I am glad that you won’t be going to prison or subject to fines. As a libertarian, I think you’re wrong, but as you haven’t taken anyone’s rights away by failing to offer them services, I’m not in the camp that wants to throw you in a cage for it.

H/T: Reason

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Kimberly Guilfoyle’s Rant Against Millennials Was Not About Millennials

by Christopher Bowen

I saw popping up in my Facebook feed a discussion on Kevin’s Facebook regarding the comments that Fox News’ Kimberly Guilfoyle made during a forum on what Democrats offer young women, a typically liberal voting bloc. Her controversial comments noted that she believed “millennial” women (and men, as she later clarified on Twitter) should stay out of the voting box and “go back to Tinder and Match.com”.

I was left with a pressing question… what the hell is “Tinder”? After doing some research (GPS based Hot or Not? Kind of creepy, but I wish it was this easy to get laid when I was in my 20s), I instantly dismissed the initial comments. After all, if I wanted to get emotional any time a Fox host said something stupid, I’d be writing for Media Matters instead of The Liberty Papers. But the discussion on Kevin’s page – largely involving younger conservative women, many of whom were critical of the remarks themselves – gave me an epiphany regarding “millennials”.

I remember when I was a teenager – I’m 34 – everyone was making a big deal out of Generation X. We were these new breed of teenagers, and we were Everything Wrong With America™: we were uncouth, undisciplined, and uncontrollable. We were, in short, animals who were going to destroy America, said a generation of Americans who, before we were born, engaged in free love, did LSD by the bucket, and wore bell-bottom pants.

All I'm saying is, anyone who willingly puts on these clothes probably shouldn't be yelling too hard because they found a pack of fags in their kids' dresser.

All I’m saying is, anyone who willingly puts on these clothes probably shouldn’t be yelling too hard because they found a pack of cigarettes in their kids’ dresser.

That generation of children that slammed my own generation – the Woodstock generation – was rebelling against their own conservative parents, who… wait, wasn’t Rock and Roll music going to destroy America, too? That Elvis Presley and his gyrating hips and oh my goodness are those black singers on my radio!? Help a young buck out. This is a conservative site, I know my readers here are old enough to remember.

I don’t know if their parents had anything that was Destroying America™ – between the Great Depression and World War II, they seem like they were too busy not dying to worry about how Jazz music was affecting our future – but there’s a history, through multiple generations of kids being dumb, getting older, becoming comparatively less dumb, and then railing at the dumbness of their own children. Add in a few hack journalists – old people, what did we call “clickbait” in the 80s? – and it’s always a case of The Youth Destroying America.

We’re no different. Many of my associates from my youth, possessed with a combination of strong libido, poor impulse control and even poorer sex education, have had children who are now either in or approaching their teens, and many of these people naturally rail against what children and millennials have become, forgetting that in many cases, they were even dumber when they were that age.

Where this ties into Guilfoyle’s comments is that I don’t necessarily think this is a consequence of ageing. I don’t think people just automatically go from being dumb to being smart as they get older. The only difference is how their vapid, narrow-minded worldview affects arbitrary political views, and who that happens to align with at the time. Voters aren’t absent-minded because they’re young, or because they vote for one side or the other; it’s an issue that stretches across all ages.

Poorly educated younger voters – who don’t read the news, don’t consider alternative worldviews, and generally only care whose bed they’re going to spend the night in – tend to vote liberal for many narrow reasons, but for simplicity’s sake, we’ll boil it down to “screw the man”. They support Operation Wall Street, favour income redistribution, are against the drug war and support higher property taxes because it boils down to more for them, less for everyone else. Forget nuance. Forget learning the issues. Damnit, the world is burning, and they don’t have time for that shit!

Eventually, those kids will get older, and get married and have kids of their own. Now, with the burden of that higher tax on their shoulders, and scared for their children, they slam into the other extreme. Ban all drugs! Put away criminals! Lower taxes! End social safety nets! Lock up potential predators (even if guilty of nothing more than thought crimes)! All because If It Only Saves One Child!™ Forget nuance. Forget learning the issues. Damnit, Timmy has to get to football practice, and they don’t have time for that shit!

Soon, my generation, like those behind us, will get old. Now, the same people who railed for school spending in their 20s will want to pull it back. What do they care? Their kids are graduated. Instead, it will be about protecting their social security, their Medicare, and their freedom, no matter how poor their understanding of that word is. People who couldn’t stop putting drugs into their bodies as youths will continue to rail against those that do so now, because it’s their property that could be TP’d as some youth’s prank. Forget nuance. Forget learning the issues. Damnit, they’re old, they’re running out of time for that shit!

Low information voters go across generations, and across virtually any boundary one can think of, be it race, gender, age, income, etc., and despite the protests from people who usually are older, the margins are far thinner than people think. The difference is that we’re willing to tolerate the idiots who happen to align their views with our own. When Kim Guilfoyle slams millennial women, she’s not slamming a generation – young Republican voters are surely her equivalent to how a racist refers to his Black Friend – she’s slamming people who vote Democrat. Likewise, young people are more willing to tolerate Occupy, no matter how noxious it gets, because old people don’t get it, despite the many, many of them that actually do, if anyone took the time to talk to someone instead of yelling at them.

The kind of voters who don’t read, don’t learn, and ultimately just fumble their way through life, and still vote in who gets to run the country, are an issue and a problem that needs to be dealt with, no matter the political persuasion. Our democracy is a chain, and that chain is as strong as its weakest link. Whether that link is concerned about getting laid on… uh, that get laid app thingy… or is foolishly buying gold coins because someone on TV told them the economy was going to crash, is irrelevant.

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The ‘compassion’ of animal rights activists

by Tom Knighton

It seems like we can’t go a month without some animal rights activists deciding that a human being needs killing because they actually have the audacity to hunt animals. The latest revolves around an 11 year old boy who managed to kill a rare albino deer. Unsurprisingly, the boys parents shared the picture on Facebook and got some responses they certainly weren’t expecting.

From the hunting equipment company RealTree’s blog:

Soon after tagging the buck, Gavin’s family did what I’d have done: They shared the images and story on Facebook. They were — deservedly so — proud of their son and his accomplishment.

What followed was something they likely didn’t expect.

Hate-filled messages. Ignorance-laden tirades. Death threats.

Yes, death threats. To an 11-year-old boy. (more…)

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

by Stephen Littau

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.

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October 23, 2014

A Curious Narcissism

by Chris Byrne

There is a curious narcissism to collectivism.

It says “I want this, and think it should be this way, and I am good and right; therefore everyone else should also want this and be good and right with me, thus validating that I am good and right”.

Of course, if you don’t want “this”, you no longer validate that they are good and right, and you do them narcissistic injury. Anyone who doesn’t want exactly what they want, and doesn’t want to force anyone else to do so, is the enemy.

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How Not To Engage Non-Libertarians In A Political Discussion

by Kevin Boyd

There’s a video being shared by some libertarians that shows a libertarian activist, who identifies an affiliation with Students for Liberty, asking a progressive activist about his policies and ideology. After about a minute or so, the libertarian brings up that the progressive ideology requires a state and violence to implement it. The progressive then got angry and eventually walked away from the cameraman and the SFL guy.

Here’s the video:

The guy who made the video and the libertarian echo chamber that is pushing it are identifying as a progressive who got angry when he realized that violence was needed to promote his ideology. Meanwhile, I believe that the progressive got angry because he knew he was being ambushed as has become common.

Make no mistake, this video is defeat for the libertarians and a missed opportunity to promote libertarianism. Furthermore, it reinforces the negative stereotype that libertarians only care about eccentric things and not about practical solutions to real problems.

Here’s what I would’ve done in the same scenario.

  • The first 50 seconds or so were on the money. I would’ve let the progressive talk about himself.
  • When the progressive brought up his motivations: equality, justice for all, equal opportunity; I would’ve taken the opportunity to develop some common ground.
  • The common ground with this type of progressive is easy, start with cronyism and crony capitalism.
  • Once there was agreement established that crony capitalism is bad, start to bring up that it is because of government laws and regulations, which are well intended and be sure to emphasize that, that make it easy for corporations to rig the system. Then make an argument for free markets and less government.
  • The progressive is going to do one of three things: be persuaded, challenge your argument (which is just as good), or throw a fit and walk away. If they walk away in this instance, you clearly win because it shows they cannot handle a dissenting argument and there was no ambush, just a debate.

Notice what is never brought up, “violence” or “coercion”. The reason why those terms are never brought up is because no one cares about them outside of hardcore libertarians, voluntarists, and anarcho-capitalists. When reaching out to someone, you reach out to them by using their way of thinking, not yours.

Here’s the thing about progressives, they’re going to be very difficult for any libertarian to persuade to join team libertarian. This is because progressives have a different mindset than conservatives and libertarians in that they believe in the collective instead of the individual and in fact, they see individuality as the threat. This is why when liberaltarians urge outreach to progressives, they water down libertarianism.

To put it in linguistic terms, it’s easier for libertarians and conservatives to converse because libertarians speak French whereas conservatives speak Spanish. Both languages are in the same linguistic family (Romance) therefore there are major similiarities between the two. Both political ideologies, in the Anglosphere, stem from the same classical liberal tree. Progressives on the hand speak Chinese, which has no similiarities. Some on the left already realize that progressives and libertarians will never be on the same side. The two have different interests and that’s why, especially among the rank and file, most libertarians come from conservative ranks.

All in all, libertarians need to do better reaching out to non-libertarians and they way to do that is to get on the other person’s wavelength. When a person storms off and won’t engage you, you’ve already lost and that’s not a good thing if the goal is to win converts.

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Invalid Presumption of Moral Superiority

by Chris Byrne

A reader commented that the problem with what you might call “strict Randites” is that they “seem to have a lack of compassion”.

An APPARENT lack of compassion.

Some do yes.

Others simply recognize that it isn’t compassion, when one is being “compassionate” with other peoples time, money, and resources.

Not a Randian by any stretch of the imagination… but there IS a point there.

The larger point with Rand, and with Neitzsche, and other individualist philosophers; is that the assumed obligation to sacrifice oneself in favor of others, and the assumed moral superiority of it, are both not only false, but in fact harmful.

Voluntary self sacrifice for good cause, and to good effect (or at least with a realistic attempt at good effect), is a noble thing. In all other cases, it is not.

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Affirmative Consent Is the New Sexual Puritanism

by Sarah Baker

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.

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• • •

That Idaho Gay Marriage Lawsuit? It Just Got Murky.

by Brad Warbiany

On Monday, I posted about the Idaho pastors who filed a lawsuit as Couer d’Alene’s anti-discrimination ordinance threatened them with large fines and possible jail time for a refusal to perform same-sex weddings at their chapel, The Hitching Post.

As background, I posted excerpts from the Hitching Post’s lawsuit regarding their employee policy:

Then, the Employee Policy specifies the following Rules and Regulations:
• Only the Hitching Post owners and employees may perform wedding ceremonies at the Hitching Post Chapel and other locations scheduled by the Hitching Post. Outside ministers may not perform wedding ceremonies at the Hitching Post Chapel or other locations scheduled by the Hitching Post. Brides and grooms may not invite outside ministers to perform such ceremonies. Outside ministers may come and stand alongside the Hitching Post owner or employee who performs the wedding ceremony. But only the Hitching Post owner or employee may perform the ceremony.
..snip..
• In accordance with the religious beliefs and ministerial vows of the Hitching Post owners, Hitching Post owners and employees will perform ceremonies for those of different faiths and religious beliefs (so long as those marriage ceremonies are consistent with the beliefs set forth herein) because marriage is a common grace and creational gift bestowed by God upon all humans for the benefit of human society.

And my analysis, with a bit of added emphasis which will soon be clear:

Is the Hitching Post a religious entity, or is it a non-religious business? I have a feeling it’s going to come down to under what circumstances they’ve turned away traditional couples based on other violations of their Christian beliefs. If they have a history of turning away open atheists, or turning away Muslims, or perhaps frowning on Christian/Muslim unions, they may have a leg to stand on. In that case, they can show that they’ve turned away opposite-sex couples (and their dollars) based upon the sincere religious nature of their business.

But if they’ve got a history of taking money from pretty much any opposite-sex couple that walks through the door and it’s only the gays that they turn away, I think they may be considered a public accommodation. Even then, they have an extrajudicial way out. If they do allow same-sex couples to bring their own officiant, they would thereby be excluded from having to do the specific act (solemnizing the wedding before God), which I think many courts would view as not substantially burdening their Free Exercise.

So, what’s the history of the Hitching Post? Well, that’s where it gets murky. Walter Olson of Overlawyered tipped me off on this one.

You see, the lawsuit pointed out all the ways in which the Hitching Post was a deeply religious business, using their ceremony as ministry to bring couples to the Lord.

Only, the Operating Agreement was signed on October 6, 2014. It was submitted as an exhibit to the lawsuit here (scroll down to page 91). Now, it’s one thing to find a document with a date on it… After all, for all we know, the previous Operating Agreement might have been substantially the same as this one.

But Google Cache doesn’t lie. Jeremy Hooper from Good As You points out that as recently as Oct 9, the Hitching Post web site said that they offer marriages of both the religious and civil variety, and even of ceremonies of other faiths. (Screen shots available at that post).

Some “ministry”.

Now, I still don’t doubt that the Knapps have sincere religious beliefs against gay marriage. But it certainly seems that the Hitching Post, as a legal entity, just seems to have found God recently.

And it seems to me that the ADF is manufacturing a victim of the Couer d’Alene ordinance.

I’m finding my sympathy level for all parties involved is beginning to wane.

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• • •

October 22, 2014

Today’s Dumb Tweet Of The Day — 10/22/2014

by Kevin Boyd

Today’s winner is Bryan Fischer, the so-called “Christian” radio talk show host who tweeted this bit of stupidity.

This makes sense, as soon as gays do things such as lynching Christians or vandalizing their property. Although usually, the violence is the other way around and gays are often the targets.

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• • •

How Do You Measure The ‘American Dream?’

by Matt Souders

The question of class mobility has come to define the “American Dream” in political discourse. And, although this post will take a bit of a contrarian position, it is absolutely inarguable that there is a problem with economic immobility today that is having a very depressing impact on the way we communicate to solve problems and on our freedoms in general. But this is not how you go about making that point.

There are many accepted indicators of whether a person has “done everything right” but the most important such indicators have traditionally included college advancement (graduation and especially graduate degrees), marriage, and home ownership.

The original graphic is a classic example of a complex topic simplified into uselessness. When I look at the graph, I see that, in fact, college grads who started poor move up to the middle classes and stay there at much higher rates than rich kids who drop out of high school (yay!)…but somehow the Post comes away with the misleading headline: Poor kids who do everything right don’t do better than rich kids who do everything wrong.

Really? This only looks at the shear proportions who “graduate college” vs. “drop out of high school” – that can hardly be seen as “doing everything right” vs. “getting everything wrong”. What did the college grads major in? There is ample research supporting the conclusion that most college majors these days are bad long term investments. What did the rich kids who didn’t finish HS go on to do? Were they drop-outs because they had alternative plans? Did they pick up a trade?

And more to the point – how many of those poor kids had good parenting examples at home upon which to build the foundations of healthy marriages?

Slate takes on many of my same talking points here. They mention other confounding factors, and note the misleading nature of the Post’s article title. Props to them!

But they make the unfortunate logical leap that there is something inherently wrong with a system where not all poor college grads do well later in life, or that the forces leading to their remaining in poverty are things we can fix.

An excerpt:

The real issue, as O’Brien points out, is that rich kids enjoy lots of advantages that keep them from falling to the very bottom of income distribution, and sometimes those advantages keep them at the very top. They might be able to go to work for family businesses, for instance, or family friends. Researchers like Brookings’ Richard Reeves call that collection of advantages “the glass floor.” Educated poor kids are in the exact opposite position. Many attend second- or third-rate (and possibly for-profit) colleges that churn out less-than-useful degrees. And instead of a floor propping them up, their families and friends can act like an anchor pulling them down. A classic example: a college-educated woman who goes home and marries a boyfriend who never made it past high school and has trouble holding down a job.

Emphasis mine. Notice the not-so-subtle insinuation that colleges that operate for profit are bad for the poor, and that the less-useful degrees are not to be found in the halls of elite, expensive colleges, only those second rate low-end state schools or the aforementioned dirty capitalist institutions. Of course, even top end colleges (including the ivy leagues) are now offering degrees in a wide array of financially useless liberal arts curricula. Also notice the suggestion that the problem isn’t with the failure of people raised in poverty to establish and keep stable families, but that those families are holding them back. They’re getting it exactly backwards. Every credible study on the persistence of poverty finds that single parents and people who suffer divorce are the most likely to get stuck in poverty.

So let’s summarize the position of Slate’s team (and likely that of the Washington Post):

1) Economic mobility continues to be problematic at best for the poorest Americans, even with hard work.
2) Graduating from college is a mark of hard work.
3) Hard work should be rewarded with a high rate of success.
4) If we could separate the poor from the things that hold them back (especially their struggling families and their alternative education sources), they would thrive.

If the writers at Slate would like to address the problem of hard-working, driven poor people being less able to move up the economic ladder than (perhaps) would be ideal, I suggest that they stop grinding political axes and start looking at the hard data. The data all indicates that the leading indicator for economic immobility is single parenthood, and that children of single parents are more likely to also be single parents themselves later in life. Get to the root of the problem and you find that this is not something that government can forcefully correct – and frankly, I’d be terrified if they tried.

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• • •

The U.K. Becomes A Nanny State….Literally

by Matt Souders

The United States may not have sunk this far down the rabbit hole of socialism, but the UK has. The UK has become a nanny state, literally in the case of one program.

Labour Party Loons Foist State-run Childcare on UK at 66k Pounds a Head

A childcare subsidy aimed at persuading mothers of young children to return to work has cost taxpayers an astonishing £66,000 for every woman who has taken a job, a study revealed yesterday.
It said the price of extra free nursery places for three-year-olds under the part-time pre-school places scheme will be £800 million this year.
But the scheme has resulted in only 12,000 women moving into work, and the majority of them are in part-time jobs working fewer than 30 hours a week.

So many questions come to mind when I see an article like this:

What – are women in this program just pawning off their kids on the state so they can sit around doing nothing?? If only 12,000 women have gone back to work, why are enough kids in the program that it should cost this much?

Do you suppose a full-time professional Au Pair in the UK costs that much?

Do you suppose it’s in the State’s best interest to replace parenthood responsibilities with Big Brother’s Permanent Day Care?

Do the moms going back to work even earn that much on average?

How do you suppose this cost figure was obtained? Are they paying state childcare “experts” a king’s ransom?

Do they gold-plate the state’s diaper supply?

But I’ll settle for one question to rule them all: What were they THINKING?

The great axiom of politics is this: if you want more of something, subsidize it. Evidently, the UK wants more single, working parents, more broken homes, more ‘parents’ who care more for their own social lives than their children, and more children for which it is responsible. How far are we from child-rearing factories and an end to the concept of ‘mother’ or ‘father’ as in “Brave New World’?

My head hurts – I need to lie down now.

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• • •

Michigan Reaffirms Protectionist Legislation for State Auto Dealers

by Sarah Baker

As Tom Knighton covered earlier this week, the Michigan state legislature let its crony capitalist flag fly when it passed a bill affirming Michigan’s protectionist legislation for traditional franchise auto dealers. Yesterday, Republican Michigan Gov. Rick Snyder signed the bill into law.

Under existing law, an auto manufacturer could not a sell new vehicle directly to retail customers other than through “its franchised dealers.” The new legislation signed by Gov. Snyder deletes the word “its.” It thus allows manufacturers to sell through other manufacturers’ dealers, so long as they do sell through someone’s franchised dealer. This legislation is intended to protect Michigan dealers from competition via direct-to-consumer models like that employed by Tesla Motors.

I love capitalism. But I hate crony capitalism.

Tesla wants to bypass traditional auto dealers, who operate via franchises licensed by manufacturers, and instead sell directly to consumers. This would benefit consumers—and manufacturers like Tesla—by eliminating the dealer middlemen.

Michigan does not want its consumers to enjoy those savings.

In this ignominious regard, it joins New Jersey, Maryland, Texas and Arizona. In addition to those, Georgia’s dealers are currently, in the words of Reason’s Brian Doherty, trying “to use the violent force of the state to stop Tesla Motors from innovating and competing against them.”

Auto blog Jalopnik reports that:

The dealer’s case—and GM’s—is that dealers provide a valuable service to consumers and by continuing to employ the traditional dealership model, they’re protecting car owners.

If it were a valuable service, it would not require protectionist legislation. It requires protectionist legislation precisely because it would have trouble competing in a market where consumers were given a choice. Jalopnik further reported GM’s position as follows:

“Competition is always healthy,” GM spokeswoman Heather Rosenker tells Jalopnik. “But it needs to be on a level playing field.”

In other words, GM thinks a level playing field is what is created when one of the world’s largest automobile manufacturers uses the strong arm of government to force other manufacturers to follow its chosen sales model, instead of allowing each to experiment with its own methods and models.

As more than 70 law professors and economists complained when Republican New Jersey Gov. Chris Christie signed similar protectionist legislation:

There is no justification on any rational economic or public policy grounds for such a restraint of commerce. Rather, the upshot of the regulation is to reduce compe- tition in New Jersey’s automobile market for the benefit of its auto dealers and to the detriment of its consumers. It is protectionism for auto dealers, pure and simple.

*     *     *

[W]e have not heard a single argument for a direct distribution ban that makes any sense. To the contrary, these arguments simply bolster our belief that the regulations in question are motivated by economic protectionism that favors dealers at the expense of consumers and innovative technologies.

If our Republican elected officials actually practiced capitalism—instead of its crony capitalist impersonator—they might fare better at the polls. Without a doubt, consumers would be better off.

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• • •

Ban private schools? Only if you hate our kids.

by Tom Knighton

No, I don’t go to Gawker for insightful, intelligent analysis of American politics. However, from time to time, so much stupid shows up into my timeline on Facebook that just has to be address. This particularly instances was written by Gawker’s John Cook, where he proposed that the secret to reforming our public schools is to ban the private ones. (Yes, it’s a couple of years old, but some things just should be smacked down whenever you get the chance).

Like I said. So. Much. Stupid.

Let’s start with taking a look at what Cook said.

The ongoing (but maybe soon to end?) teachers’ strike in Chicago is being viewed by many as an early skirmish in a coming war over the crisis in public education—stagnant or declining graduation rates, substandard educations, dilapidated schools, angry teachers, underserved students. There is one simple step that would go a long way toward resolving many of those issues: Make all schools public schools.

It’s an oft-noted irony of the confrontation in Chicago that Mayor Rahm Emanuel sends his children to the private, $20,000-a-year University of Chicago Lab School, which means his family doesn’t really have much of a personal stake in what happens to the school system he is trying to reform. This is pretty routine behavior for rich people in Chicago, and there’s a pretty good reason for it: Chicago’s public schools are terrible. If you care about your children’s education, and can afford to buy your way out of public schools, as Emanuel can, it’s perfectly reasonable to do so. Barack and Michelle Obama made a similar decision, opting to purchase a quality education for their daughters at Sidwell Friends rather than send them to one of Washington, D.C.’s, deeply troubled public schools.

Cook starts off with so much potential. He correctly points out that public school advocates like Rahm Emanuel and Barack Obama, instead of sending their kids to public schools they claim they support, ship their offspring to expensive private schools where their kids can get top flight educations. It’s like watching a baby deer taking his first steps… (more…)

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• • •

United Nations Scolds Detroit for Human Rights Violations in Cutting Off Service to Those Who Have Not Paid Their Water Bills

by Sarah Baker

If health care is a “right,” what about water?

The city of Detroit, Michigan, is the largest city in the U.S. to declare bankruptcy. As part of its efforts to become fiscally sound, when its customers were $115 million behind in delinquent payments for water and sewer, Detroit began turning off water service to the tens of thousands of residents who were 60 days or more than $150 behind. Activists in Detroit reported that decision to the United Nations, which sent two human rights lawyers, called U.N. special rapporteurs, to investigate.

The U.N. representatives, Leilani Farha and Catarina de Albuquerque, have now determined that Detroit is in violation of international human rights obligations that are binding on the U.S. As Fox News reports, one of the representatives, Catarina de Albuquerque, explained that:

It is contrary to human rights to disconnect water from people who simply do not have the means to pay their bills.

If health care and water are inalienable rights, what about food, clothing and shelter?

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• • •

What American Christians Can Learn From A Muslim Woman Calling Out Her Own Community

by Kevin Boyd

There’s a Facebook post that has gone viral of a Georgia woman, who is Muslim, essentially blasting her fellow Muslims for demanding a special increase in food stamp benefits to offset the higher cost of halal food. One of this young lady’s followers screen capped the image, drew a line through her name and eyes to protect her privacy and posted it in Imgur.

Here it is:

L8yrtlK

I know the young lady who wrote this post. She’s a Bosnian immigrant who came to America with her family to escape the Bosnian Civil War of the 1990s. She grew up in the U.S. and became a political activist who lives outside of Atlanta. I have the privilege of knowing her and I am proud to call her a friend.

Obviously I with the post, however it got me to thinking, are American Christians also asking the state for special treatment? Unfortunately, the answer is yes and it is just as wrong as when American Muslims ask the state for special treatment.

All members of religious groups (and those who don’t belong to or believe in any religion for that matter) are entitled to is to practice their religious beliefs in peace, as long as they do not harm others. This applies whether your religion is the majority religion in the country or has very few adherents.

There are many American Christians who want the government to fight poverty and support increased welfare spending to do it. Other American Christians want the government to enforce their definition of marriage and base the laws upon their version of morality. This manifests itself in everything from blue laws to abstinence only sex education.

The worst example of this is Mike Huckabee or as we like to call him around here, “Tax Hike Mike.” Tax Hike Mike believes that God wants him to do everything from support Common Core, to fight global warming, to oppose same sex marriage. Essentially, Tax Hike Mike wants special, religious based privileges for himself and his followers above and beyond the protection of the freedom of religion.

Christians are called to fight poverty by giving to the poor, not to have Caesar redistribute the wealth of your neighbors to fight poverty. Christians are called to demonstrate their faith by living by example, not to have Caesar pass laws to mandate how their neighbors live. Christ instructed us to fufill the Great Commission by bringing the Gospels to the four corners of the world, not give that duty to Caesar. American Christians, on both the right and the left, need to stop outsourcing their own duties as Christians to the government.

 

The day may come that Christianity will not be the majority religion in the United States. It wouldn’t be unparalleled in world history for a nation to change its religious beliefs over a generation or so. One day, Christians even in America may find themselves at the mercy of a government determined to promote its own views that maybe contradictory to Christianity. It’s an experience many Christians around the world already experience daily.

If we as Christians want to be free to practice our beliefs in peace, we must acknowledge the right of all faiths in this country to practice their own faith. We cannot complain about Muslim special privileges if we ourselves are using the state to secure special privileges.

I believe that freedom and virtue go hand in hand and reinforce each other. Sometimes, we Christians need to be mindful of the “freedom” part. After all salvation itself is a gift from God through his son Jesus that must be freely accepted.

 

 

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• • •

October 21, 2014

Should Adrian Wyllie (L-FL) be Included in Debates?

by Albert Northrup

Last week, Florida became the laughing stock of the nation once again when the televised gubernatorial debate was postponed because of a fan. The bigger story may be that the event organizers, Florida Press Association and Leadership Florida, excluded Libertarian Party candidate, Adrian Wyllie, because he did not meet the minimum polling threshold of 15%. Despite an 0ptimus poll, which showed Wyllie trending 13%, which would have put him within the margin of error of the polling threshold, Wyllie was still excluded because the poll was not released prior to September 30. Wyllie filed suit in the Southern District of Florida to be included, but a federal judge  sided with event organizers:

U.S. District Judge James I. Cohn said Wyllie did not meet the requirements for gaining access to the debate hosted by the Florida Press Association and Leadership Florida. Cohn said the private nonprofit debate sponsors did not change the access rules by increasing the polling threshold required for a qualified candidate, 15 percent.

Also, Cohn ruled, Wyllie’s exclusion was not a violation of his First or Fourteenth Amendment rights. Wyllie argued that, because the event is to be held at the publicly funded BrowardCollege, he had a free-speech right to be onstage with Gov. Rick Scott and Democrat Charlie Crist.

But Cohn said BrowardCollege was merely the location and that the event is a “nonpublic forum,” according to case law.

Cohn said the defendants “offer legitimate reasons” for excluding candidates like Wyllie and six others because the goal of the debate is “to provide a forum to inform Florida voters through the meaningful exchange of ideas among those gubernatorial candidates with a reasonable chance of winning the election.”

 

In an election where both the Republican and Democrat candidates are largely unpopular, who is to say that Wyllie does not stand a “reasonable chance of winning the election?” A recent CNN/ORC International poll found that neither major candidate has more than a 50% favorable rating. The same poll has Wyllie trending 9%, with Rick Scott and Charlie Crist in a statistical tie at 44% a piece among likely voters. Scott and Crist’s low favorability ratings suggest that many likely voters will be voting for “the lesser of two evils” because they don’t realize that there are other options.
If a potential candidate has qualified for the ballot, should they not have the opportunity to be heard by the voters? While I agree that the event organizers, who are private entities, should be allowed to invite or exclude whomever they choose, I think that it is bad policy. To exclude a candidate who is polling in or close to double digits, with a fraction of the funding of the major party candidates, denies the voters the right to hear all sides of the issues. (To see all of the candidates’ fundraising figures, click here.)
Florida is not alone. Robert Sarvis, a Libertarian candidate in Virginia, was excluded from the gubernatorial debates last year despite polling 9% at the time. In Minnesota, Independence Party candidate, Hannah Nicollet, was excluded from two of the four televised debates despite a tradition of including third party candidates in Minnesota. Some states have been more willing to allow third party and independent candidates to participate . Earlier this month, Idaho included Libertarian and Independent candidates in their gubernatorial debate. There is no reason to exclude Wyllie, or other third party candidates, from the debate other than to protect the interests of the two major parties. Voters deserve better. We deserve to hear from all eligible candidates and to hear all sides of the issues.
The third and final Florida gubernatorial debate will be held tonight at 7:00 pm e.s.t. and will be hosted by CNN. This post is not an endorsement of Adrian Wyllie nor his campaign, but an attempt to start a dialogue on the issue of open debate.
(Editor’s Note: The post was changed after publication to reflect that the debate is tonight, not tomorrow night –Kevin)

 

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• • •

Link: Popehat’s Gamergate Post That’s Not About Gamergate

by Brad Warbiany

Today Clark @ Popehat has an excellent post about Gamergate.

Only, it’s not really about Gamergate. Gamergate is a symptom. Clark’s post is about the cause. A cause which is much deeper, rooted in the very things that make us human.

It’s not often that you can find someone who ties off evolutionary biology, political history, technology, and a healthy dose of Saul Alinsky (quoted properly, not as red meat for conservatives), but Clark pulled it off.

Highly recommended reading. And while you’re at it, click to Christopher Bowen’s post right here while you’re at it. He’s got more detail on Gamergate in particular than Clark goes into, and also hits the main key elements of the culture war that’s been uncovered.

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• • •

Here’s Photographic Evidence That Proves Bobby Jindal Is A Squish

by Kevin Boyd

Louisiana Governor Bobby Jindal and his wife went to the shooting range yesterday. Jindal, who is expected to run for president, had an interesting choice of weapons and on that could tell a lot about himself.

Governor Jindal and his wife shot both an AR-15 and an AK-47 clone.

1471741_10152522272050095_1918039222001247324_n

Now if this doesn’t tell you that Bobby Jindal is a squish, I don’t know what will. You’re either an AR guy or you’re an AK guy. If Jindal won’t take a stand on this important issue, how can we expect him to stand up to Iran or Putin?

(more…)

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• • •

October 20, 2014

57,000 Federal Workers On Paid Leave For Months: WaPo

by Christopher Bowen

The Washington Post has written about a Government Accountability Office (GAO) report that makes the claim that over 57,000 federal workers are on paid administrative leave for over a month.

Tens of thousands of federal workers are being kept on paid leave for at least a month — and often for longer stretches that can reach a year or more — while they wait to be punished for misbehavior or cleared and allowed to return to work, government records show.

During a three-year period that ended last fall, more than 57,000 employees were sent home for a month or longer. The tab for these workers exceeded $775 million in salary alone.

(…)

But a forthcoming report by the Government Accountability Office found that 53,000 civilian employees were kept home for one to three months during the three fiscal years that ended in September 2013. About 4,000 more were kept off the job for three months to a year and several hundred for one to three years. The study represents the first time auditors have calculated the scope and cost of administrative leave.

All of this is despite clear government regulations stating that paid time off should never go beyond a few days; the Justice Department, in one example, limits the time to ten days unless the assistant attorney general approves a longer period. However, one particular case – of someone who was put on leave, and wanted a resolution – indicates a clear problem with the left hand not talking to the right:

“Six months went by and we didn’t hear anything,” said Scott Balovich, who was put on administrative leave from his computer job at the National Oceanic and Atmospheric Administration in Alaska. “You’re so anxious. You don’t know if you’ve got a job. You’re getting paid, but it’s no vacation.”

Balovich was kept out of work while investigators examined how pornographic images had gotten onto his computer hard drive. He ultimately was cleared of any personal involvement and returned to his job last week. His attorney, Debra D’Agostino, a founder of the Federal Practice Group, said he “got stuck in the inertia of bureaucracy.”

Linked in the piece is another WaPo report from December 30, 2012, going over the minutia of the federal workers themselves when they get stuck in legal pergatory.

Paul Brachfeld, the inspector general for the National Archives, planned to ring in the new year with his wife with a relaxed visit to their vacation home near Bethany Beach, Del. In October, the couple took a cruise to Puerto Rico. Brachfeld runs every morning in Silver Spring, hikes with Spree, his Jack Russell terrier, in the woods most afternoons and catches up with his adult daughters in the evening. All while collecting his $186,000 government salary.

These days, his life seems like one long vacation. The veteran watchdog for the historical records agency is entering his fourth month on paid time off, one of an unspecified number of federal employees who are collecting paychecks and benefits to do .?.?. nothing. At least nothing to advance the immediate interests of the government.

(…)

In a system that rarely fires people, no one can say how many are on paid administrative leave. It’s one number the government apparently doesn’t track.

There are many reasons for this, and most of them involve a desire to not be sued by workers. Between union contracts, interpersonal squabbles and outright sour grapes, workers are a threat to sue their employer, and when it’s the federal government, there’s additional layers of oversight, obfuscation and confusion worked in. This leads to many people having an interest to prevent that from happening, and those people tend to work slow.

As far as direct supervisors – middle managers – are concerned, putting someone on administrative leave is a win-win situation: they get rid of a problem for whatever reason, and they don’t have to pay the person so they could care less. What’s another $50,000? But it adds up, to the tune of $775m, plus benefits, and asking the government to oversee itself in this case is like asking a wolf to guard the flock.

The answer, however, isn’t necessarily to just make government work right-to-work. Between existing workers unions (which have brought good things to American workers all around, whether they’re union or not), the continued skittishness of the existing job market, and the potential for abuse due to personal or political connections – imagine a Democratic takeover of an office resulting in any Republicans in that office being thrown out onto the streets – going completely right-to-work would be a tremendous shock to the system that would damage workers and cause tremendous instability in public sector work. The only justification for that is that the resulting inefficiency that comes from such high turnover could potentially lead to a reduction in government because the existing one isn’t working, but breaking ones toys to get new ones is never a solid answer.

The answer here is simply stronger enforcement: five working days of leave, with back pay due if no issues are found or if termination cannot be adequately justified. If an HR department cannot build a case for termination within that amount of time, then the worker can go back to work, even if they’re a “threat”. It will force people to think long and hard before going that route. Government bureaucrats who need a fainting couch reading that can simply look at the other side of the argument – full right-to-work, which I’m sure many of my colleagues would argue for – and pick which side they prefer.

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