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I Don’t Care What Dan Patrick Says; Straight Couples Have the Right to Marry

27 Thursday Feb 2014

Posted by danielwalldammit in Politics

≈ 10 Comments

Tags

Conservatism, Dan Patrick, Gay Marriage, Gay Rights, Internship, Marriage, Right Wing, Texas, Twitter

DanPatrickSenateHow does Texas State Senator, Dan Patrick feel about a ruling by Orlando Garcia declaring a Texas ban on same-sex marriage unconstitutional? He’s most upset! So upset, he has declared once and for all that marriage is between one man and another man. This would apparently rule out polygamy as well as both straight marriages and lesbian unions, which makes Patrick’s stance on marriage very unusual indeed.

…as least it would if he were serious about it.

This was of course a typo, or more like a thinko. …a brain fart? Okay, let’s call it a brain tweeto! But it was a glorious tweeto, just the same. No, I’m not talking about the simple irony of a pseudo-conservative Republican (or one of his staff members) tweeting something so unexpected. I mean to say, the mistake is actually quite revealing because Patrick’s tweeto could queer our whole sense of the politics at stake here (pun intended). All we have to do is take it seriously.

BhbR9QKCUAA4z8nIf only for a moment some folks could imagine a world in which the state of Texas (or any other such state) took it upon itself to legislate Homosexual unions, they might find themselves looking at the issue of gay marriage from a whole new perspective. The Christian right is frequently found howling in rage over the aggressive nature of the gay rights movement and (shudder) the gay agenda! What this ‘gay agenda’ means varies from one faith-filled narrative to the next, but moments like this one really do underscore the one-sidedness of the whole issue. The fact is, for all the controversial posturing on all sides, one thing we are NOT looking at here is a serious attempt to restrict marriage to gay unions. It seems imaginable only as a joke or a mistake of some kind.

But of course such a thing would be outrageous. Truly, it would! But what makes it outrageous to tell heterosexual couples they cannot get married when the Christian right constantly assures us that it is fair and reasonable to do this to those of homosexual persuasion?  How is it that people who would no more accept this kind of government intrusion into their personal lives can do this without thinking twice to others?

People like Senator Patrick take for granted the power their own numbers give them. They also take for granted changes in custom that effectively polygamy from people’s from the table without requiring them to square it with their own stated principles. Most importantly, they take for granted the knowledge that government regulation of marriage will not interfere with their own lives, and especially their own divorces.

…apparently, they also take for granted the ability to blame someone else for the mistake.

DanPatrick

.

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It’s the Sub-Deduction Stupid: Scalia’s Thoughts on Absurdity and Gay Rights

30 Saturday Mar 2013

Posted by danielwalldammit in Justice, Politics

≈ 17 Comments

Tags

Critical Thinking, Gay Marriage, Hollingsworth v. Perry, Homosexuality, Lawrence v. Texas, Marriage, Reductio Ad Absurdum, United States v. Windsor

Justice Scalia testifies on Capitol Hill in WashingtonTime was when Antonin Scalia seemed fairly dedicated to the pretense of Judicial restraint. These days he appears content to be known as a political lobbyist for the right wing echo chamber. We can see this in the increasing number of public statements he has made on a range of political issues, effectively tipping his hand to those weighing their prospects in the legal arena.

…all of which makes Scalia’s role in the gay rights cases recently argued before the Supreme Court (Hollingsworth v. Perry and United States v. Windsor) that much more disturbing. Not surprisingly, the subject has come up in his extra-judicial engagements. Asked to defend his equation between homosexuality and sundry horribles such as incest, bestiality, and child pornography (among other things) in Lawrence v. Texas, Scalia made the following remarks at Princeton University:

It’s a form of argument that I thought you would have known, which is called the ‘reduction to the absurd,'” Scalia told [freshman Duncan] Hosie of San Francisco during the question-and-answer period. “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?

Condescension aside, what Scalia is saying is basically Freshman Logic material. In his Dissenting opinion for Lawrence, Scalia had indeed used the standard argument form of a reductio ad absurdum against the position taken by the majority (holding that a Texas law banning sodomy was in violation of the Due Process Clause of the 14th Amendment). A reductio ad absurdum essentially consists of an attempt to derive an absurd conclusion from a given claim as a means of refuting it. If a given assertion can be shown to lead to absurd implications, so the logic goes, then one ought to reject it. In this case, the claim at stake would be something along the lines of a restriction on judgements (or laws) against homosexual activity. Scalia hopes to show that this holding will lead to an intolerable list of absurdities.

I sincerely doubt that Hosie failed to recognize the argument form, and Scalia’s response does little to shed light on the logic of his argument. The question in this case is more properly, whether or not Scalia’s had successfully shown that the claim made by the majority in Lawrence was actually absurd. In essence, the question is whether or not Scalia had successfully negotiated the transition from the claim he wished to refute to the absurdity he wished to assert in his argument. That transition is sometimes described as the ‘Sub-deduction’ of the argument. That is, in this instance, where the real argument lies.

And here is where the story gets interesting.

The sub-deduction of Scalia’s argument comes in a weak and a ‘strong’ version. By ‘weak’, I mean ‘truly shitty’ and by ‘strong’ I mean rather heartless’, but allow me to demonstrate…

Sub-Deductions in Need of a Workout: Sundry net warriors will be familiar with the weak version, because we’ve heard it from conservative Christians for years. It is essentially an argument against moral relativism, or at least a certain straw rendering thereof. We heard it a little more in the wake of Lawrence, and frankly, Scalia’s remarks in this instance tended toward the weak version, if only because their brevity does little to shed light on the logic of his original argument on the subject. Rick Santorum gifted us with one of the best examples of this tripe in an interview with USA Today back in 2003:

You have the problem within the church. Again, it goes back to this moral relativism, which is very accepting of a variety of different lifestyles. And if you make the case that if you can do whatever you want to do, as long as it’s in the privacy of your own home, this “right to privacy,” then why be surprised that people are doing things that are deviant within their own home? If you say, there is no deviant as long as it’s private, as long as it’s consensual, then don’t be surprised what you get. You’re going to get a lot of things that you’re sending signals that as long as you do it privately and consensually, we don’t really care what you do. And that leads to a culture that is not one that is nurturing and necessarily healthy. I would make the argument in areas where you have that as an accepted lifestyle, don’t be surprised that you get more of it.

Here, Santorum treats the right to privacy as an abandonment of moral principles altogether, arguing that if we can’t condemn homosexuality, then we can’t condemn anything. We can’t stop people from molesting children; we can’t stop polygamy; we can’t stop any number of horribles from happening. It’s worth noting that in this instance Santorum was arguing that the sex abuse scandals of the catholic Church were essentially a problem of homosexuality, which is in itself a pathetically ignorant position to have taken. But I suppose it’s fitting that someone facing what he takes to be the obliteration of moral judgement would respond to that by abandoning any honest effort to address the actual claims at stake in the issue.

Yes, Rick Santorum lives in a special place where ignorance and dishonesty come together and start a family, but sadly, he has a lot of neighbors in the land of ignorance which is the weak version of this argument. A large number of conservative Christians have approached the notion of a right to privacy in precisely these terms.

Setting aside the folk-demon of relativism, the problem with this take on right to privacy is it ignores the essential balancing tests by means of which that right enters into the American legal system. The point of a right to privacy has never been that you actually get to do anything you want so long as it’s in the privacy of your bed-room, but rather that government interest in stopping you must be weighed against the right to privacy. In simple terms, if the government has a legitimate interest in doing so (say if you are hurting a child), then the right to privacy folds and the government wins. If no such government interest is present, or if that interest pales in significance to the cost to others, then the right to privacy wins.

Here the sub-deduction fails for precisely the same reason that moral opportunists find it attractive in the first place. They hope to refute the notion of a right to privacy by connecting it to a range of genuinely harmful activities. Faced with a choice between condemning homosexuality and allowing child abuse, practitioners of this stratagem hope that most of us will throw the gay folks under the bus. But when real harms can be shown, the right to privacy would not prevail, and the sub-deduction fails.

The courts have never presented the right ti privacy as an absolute boundary to government regulation; it is if anything a sort of raising of the ante, a provision that requires government officials to show they have a good reason for what they are doing. Rick Santorum and Christian net-warriors all over the land don’t seem to understand this.

Scalia does, at least when he needs to.

Mach-Macho-Subdeductions: Now we come to the strong version of Scalia’s argument which is a rejection of the balancing tests themselves, at least as applied in Lawrence. In this case, Scalia isn’t making a broad point about the value of moral judgements. His point isn’t that granting a right to privacy leads to the destruction of western civilization, or that it will lead us to turn our children over to the nearest sexual predator. No, in Lawrence, Scalia was saying that the courts should not be the ones to weigh the benefits of legislation against the costs to people’s privacy, or at least that the court had failed to articulate a principle in that case which would enable it to make a sound distinction between issues like homosexuality and those likely to be regarded as more abhorrent, even to those in favor of gay rights. Absent a clear and coherent principle on which to make a decision, Scalia suggested that the court was making just the sort of judgement call that legislators ought to be doing, not judges. Such judgement calls are intrinsically political, and ought in Scalia’s view to be left to those branches of government best suited to making political judgements. It is in other words a variant of his oft-repeated call to Judicial restraint. Hence, the following remarks from Scalia’s dissent in Lawrence (at 603-4):

Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means. Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best. That homosexuals have achieved some success in that enterprise is attested to by the fact that Texas is one of the few remaining States that criminalize private, consensual homosexual acts. But persuading one’s fellow citizens is one thing, and imposing one’s views in absence of democratic majority will is something else. I would no more require a State to criminalize homosexual acts-or, for that matter, display any moral disapprobation of them-than I would forbid it to do so. What Texas has chosen to do is well within the range of traditional democratic action, and its hand should not be stayed through the invention of a brand-new “constitutional right” by a Court that is impatient of democratic change. It is indeed true that “later generations can see that laws once thought necessary and proper in fact serve only to oppress,” ante, at 579; and when that happens, later generations can repeal those laws. But it is the premise of our system that those judgments are to be made by the people, and not imposed by a governing caste that knows best.

There is in the strong version of Scalia’s argument a logical consistency which is entirely lacking in the pop-Christian variants of this same position as articulated by Santorum and legions of faith-bigots happy to explain why homosexuality is wrong. Where Scalia was actually making a point about the nature of Judicial reasoning, various cultural conservatives have carried forward that argument in the form of a simplistic claim that if we can’t condemn homosexuality, then we can’t condemn anything.

In the babblerized version of the reductio ad absurdum, the sub-deduction simply does not follow. In scalia’s, it is at least plausible.

Balancing the Unbalanced: But where does that leave us? Scalia would say that that it leaves us with a better balance of powers and a stronger system of checks and balances. Yet, one can see in Scalia’s own writing and comments hints at the costs of such an approach. Regarding the prospect of overturning Roe v. Wade, for example, Scalia offers the following:

Many States would unquestionably have declined to prohibit abortion, and others would not have prohibited it within six months (after which the most significant reliance interests would have expired). Even for persons in States other than these, the choice would not have been between abortion and childbirth, but between abortion nearby and abortion in a neighboring State.

Here Scalia makes an interesting point, that removing the precedent of Roe v. Wade would not necessarily have meant an immediate ban on abortions everywhere, but rather the creation of legislative options which some states would take and others would not. The actual choices presented to women with unwanted pregnancies would then be a question of travel (at least for those in geographically unfortunate circumstances). It’s an interesting scenario, and one in which the right to have an abortion does not die with Roe v. Wade, but that scenario would of course be cold comfort for those women unable to travel. The right to an abortion now enjoyed under Roe would translate through this scenario into an option more or less available, depending on one’s finances and/or family obligations.

The right thus becomes a privilege, and that privilege then falls beyond the reach of many that need it most.

One imagines that the right to engage in homosexual acts (or any number of proscribed sexual practices) would translate into a similar choice under Scalia’s approach, and residence might soon become a function of sexual proclivities. Do you want the right to have sex with your own gender? Better then to move out of a red state under this approach. And we can only imagine just how much more heartache this will cause in some instances, and how many lives lived through deception in others.

Apparently, this is an acceptable outcome in Scalia’s view.

It may well be that the right to vote as a minority could also become a function of where one lives if we are to give up the ‘racial entitlements‘ included in the present voting rights act, as Scalia terms them. Granted the issue there is a technical one, pre-clearance of voting procedures for selected states, but the language of Scalia’s recent questions in reference to the Voting Rights Act is more than a little disconcerting.

Or consider Scalia’s remarks in Oregon v. Smith, 1990. In the majority opinion for that case he argued that the free exercise clause of the First Amendment did not provide members of the Native American Church with a valid reason for exemption from generally applicable state laws banning use of peyote.  Scalia then moved on to suggest that while states might allow for such an exemption, it was not required of them, hence leaving the rights of religious freedom for the Native American Church open to the political process. What Scalia wrote next has always struck me as one of the most telling features of his approach to jurisprudence.

It may fairly be said that leaving accommodation to the political process will place at a relative disadvantage those religious practices that are not widely engaged in; but that unavoidable consequence of democratic government must be preferred to a system in which each conscience is a law unto itself or in which judges weigh the social importance of all laws against the centrality of all religious beliefs.

Here Scalia has essentially conceded to the tenuous status of minority rights under his approach (though perhaps he would say that they are not rights, as such). Those with less leverage over the political process must simply accept a reduced set of options? What are the benefits? The court will behaving as it ought to under Scalia’s view, showing proper restraint and deference to the legislative branch of government.

The problem in this instance is not as simple as the utter foolishness seen in remarks like those of Santorum, or even that of Scalia’s answer to Hosie; Scalia’s argument in Lawrence seems plausible to me, at least on the face of it.  The problem is that the value which is central to Scalia’s argument in this instance (the strong version of the sub-deduction) is awfully hollow in comparison to the conceded costs of its adoption. What Scalia offers us is a narrative in which every part of government rests in its proper place. What he is willing to sacrifice in order to get that value is the actual liberty of countless minorities seeking only the enjoyment of options fully available to the rest of us. The absurdity to which Scalia points us is one in which judges behave a little less like judges, and quite frankly some of us find that a little less absurd than the notion that liberty is best preserved by leaving this and so many other issues central to the happiness of many at the mercy of a political process which has proven time and again that it is inadequate to ensure.

Irony of Ironies: It is worth noting that the strong version of Scalia’s argument empowers the weak version. Whatever else he is saying, Scalia is also saying that if enough people seem to think that the only way to save our children from a list of horribles too awful to bear is to deny those of homosexual orientation the liberty to conduct themselves as they see fit, then they are within their rights to pass all manner of laws restricting gay rights. No effort to show that homosexual conduct really will hurt anybody would be needed in Scalia’s approach, at least not i the courtroom.

And in the legislatures and the court of political opinion, flippant remarks like those Scalia gave to Hosie, and patently offensive rhetoric like that of Santorum will be all that is needed to consign some people to lives lived without the benefit of meaningful liberty.

Absurd, indeed.

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Jesus and the Devil Get into a Fight, …He Wins!

07 Tuesday Aug 2012

Posted by danielwalldammit in Religion

≈ 13 Comments

Tags

Anthropomorphism, Christianity, Cruelty, Gay Marriage, Homosexuality, Hypocrisy, Jesus, Politics, Satan, The Bible

If I have to be terrified of God, then I don’t see a difference between God and Satan…

– Sonya D. Fowler, Posted on Twitter, July 29th, 2012

South Park

It’s a funny thing, even unbelievers typically assume there is a difference between God and Satan. It seems so obvious. After all we don’t confuse our friend Mike with our friend Chuck, but such friends are there to remind us of the difference between them on a daily basis. Entities such as God and Satan operate under no such constraints. Their traits change from one faith to another, even from one believer to another, or (truth be told) sometimes from morning to noon out of the same mouth.

Satan has certainly made a few significant changes in the years, graduating from a mere servant of the Lord to a principle nemesis for the Lord. For his own part, God has taken on a range of different faces over the course of human history. He still keeps an awful lot of them handy, even within the same tradition. Indeed the Christian world keeps its pretension to monotheism only by ignoring a likely case of multiple personality disorder. He is at the least bipolar.

And of course a trace of projection runs through all of this, right down to the most specific details and sources. You can tell a lot about people from what they say about their gods. And that is precisely why the quote above gives me such pause. To hear some folks talk about God, they might as well be speaking of the Devil.

When I was younger, I used to hear this phrase a lot; “The devil made me do it!” This usually came after someone had just done something they shouldn’t have, something they knew was wrong. Seems like these days people are more likely to lay their sins off on Jesus. Whenever their actions cannot be defended in reasonable terms, it is because Jesus wants it that way.

I’m not just being facetious here, not JUST anyway.

All to often, Jesus is the reason someone must suffer some indignity at the hands of a believer. Every enemy of Christendom, every native forced to endure abuse at the hands of his more forceful missionaries has certainly borne the brunt of this gambit. Yet they are not alone in learning that the Prince of Peace has ugly designs on their health and happiness. Jesus, we are told, is the reason that gay couples cannot marry; he is also the reason those of homosexual orientation must endure any number of indignities from ‘Christian’ circles. Jesus is the reason for compromising women’s health care. He is often the reason you cannot find certain books at the librar. He is the inspiration for a good deal of pseudo-science (some of which is genuinely harmful), for a good deal of pseudo-history, and even for the occasional cold cereal mishap. Jesus may or may not be responsible for some novel forms of corporal punishment and parenting practices, but if sundry Christian organizations are to be believed, he certainly approves of some highly creative approaches to that practice. Time and again, Jesus is the reason someone supplies for actions that are manifestly dishonest or demonstrably harmful to other people.

It really is difficult to tell just how far the Lamb of God is willing to take his lust for violence and cruelty, but it seems that he likes to do the really nasty work himself. To hear some folks talk, he is the reason for one or two great disasters; 9-11, earthquakes and Tsunamis ravaging Thailand or  Japan. I remember when Jesus demanded a ransom to spare the life of Oral Roberts, one of His most trusted servants. But of course, such divine temper tantrums are nothing new; just ask Lot’s wife.

Has it escaped anyone’s notice that the witnesses to Jesus’ greater crimes are the ones who so consistently inflict suffering in his name? Can it be a coincidence that the same people who speak approvingly of god’s greater acts of cruelty would be so quick to commit the mortal equivalent in his name?

Jesus is not just a source of terrible headlines; he is also the source of myriad petty cruelties which will never make it far into the public discussion. I expect most of us have learned in one form or another that Jesus has taken sides in some personal dispute with friends, family, or coworkers. Lord knows, he is certainly the reason given for most of the dick moves made by the moderators on sundry Christian message boards. Indeed, Jesus seems to be implicated in all manner of grievances great and small.

One wants to say to some of these people; “dude, your Jesus is a dick!”

But of course, the real point is that Jesus could never have been anything else but a dick to some of these people; he begins and ends in their least admirable qualities. And if there is anything more to the story of Jesus than a sort of malice to be inflicted upon others, you would never know this from the words and deeds of so many who claim to be doing his will.

There comes a time in all of this, when Jesus can no longer be distinguished from Satan. For some people, He is in effect little other than a name they give to their own vices.

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Mitt and McCain On Gay Marriage, Or Hell No, We Can’t Just Get Along!

24 Tuesday Jul 2012

Posted by danielwalldammit in Justice, Politics

≈ 14 Comments

Tags

Gay Marriage, Gay Rights, Homosexuality, John McCain, Justice, Law, Mitt Romney, Politics, Sally Ride

What does it take to make the words “agreement to disagree” work? I’d say at minimum, it requires a certain understanding of each others’ position, but perhaps that is a point for a different discussion. At present I am wondering just how much such an agreement can cost one of the parties before that respectful disagreement turns to shit.

Case in point, this conversation between John McCain and Ellen Degeneres:

I hear McCain frame this issue as respectful disagreement all the while diminishing a woman’s love to her very face, and I just can’t find the words or how I feel about it. You can see how uncomfortable he is about it, but that doesn’t stop him. I wonder if his words sick to the bottom of his own stomach the way they do mine? Or if he has words to explain the painful look on his own face?

But of course, history repeats himself.

See how respectfully Mitt Romney denies this man the same rights that he himself enjoys. He looks almost pained as he says this. Luckily he respects the mans right to disagree with him over the issue.

…and once again, I am at a loss for words.

And then of course we have the controversy over today’s Twitter comments on Sally Ride. It seems rude to throw it back in Romney’s face that her partner of 27 years will not now be entitled to spousal benefits, an option his stance on gay marriage would deny her as a point of principle.

That really does seem,  …No, wait a minute, what’s rude is the part about denying  someone the right to marry the love of her life on principle. What’s rude is the fact that someone surviving a 27-year relationship is denied the dignity as well as the benefits available to the rest of us.

That’s rude!

No, “rude” doesn’t even come close.

If the folks who so carefully frame this as respectful disagreement would drop their own sense of entitlement and show some decency for a change, then maybe, we wouldn’t have to bring up such issues AT THE END OF SOMEONE’S LIFE.

Anyway, I think I just found the words I was looking for. They come from Greta Christina  at the Freethought Blogs. She wants to send Mitt a memo; it simply says “Fuck You.”

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