Before I invested some time in the particulars of Indiana’s new Religious Freedom Restoration Act (RFRA), here’s what I wrote:
I don’t know if I’m going to bother with a lengthy weigh-in about the brouhaha on Indiana’s (in)famous new law. But here’s what I’ll say for now:
Good luck to anyone who wants to a.) write legislation on “discrimination”; or b.) critique that legislation in a way that’s coherent.
I haven’t studied A yet in this context (enough to form a useful view of that matter), but I’ve seen a bunch of ugly stuff in category B on FB.
Now that I’m making an investment and trying to write something more specific, I should probably open with this caveat:
Good luck to anyone (me!) who wants to c.) write about legislation on “discrimination” and critique those whose criticisms are largely incoherent.
There are many useful things to say, questions to ask, etc.– so let’s give this a shot.
A few observations:
-This WaPo author makes two useful observations: 1.) At least 19 other states have laws like this. (This WSJ article says “some 30 states”.) Perhaps it’s fortunate that Indiana’s actions have finally awakened the outrage, but it makes the excited opponents look silly since it’s the first time they’ve raised the concern.
-WaPo point #2: The state-based laws are similar to a Federal law passed by President Clinton in 1993. The Weekly Standard notes that it passed the Senate by a 97-3 vote and was co-sponsored by soon-to-be Senate Minority leader, Chuck Schumer. They also explain the potential need for state-based laws, given a 1997 SCOTUS decision.
(Scott Shackford at Reason discusses the same incoherence.) In a word, consistent outrage is difficult/impossible here– and the sudden awakenings (most notably, by Hillary Clinton and Chuck Schumer– who have, so far, refused to clarify why they supported it years ago) are somewhere between amusing and pathetic.
-The WSJ article also makes a point to which I alluded above: “The law covers a relatively complex issue– setting a legal framework for those who claim a government rule or requirement is hampering their exercise of religion.” Examples include long hair for religious reasons vs. a dress code. In each of these cases, we have the tension between individual “rights” (when do my rights conflict too much with yours) and individual vs. community preferences as codified (well?) by law.
-Here are two useful resources on the legal side of things: a thorough post from Kevin Duffy and a nicely-done “resource page” and FAQ from Indiana’s House GOP. (On the latter: yes, I recognize that they might be trying to justify themselves, but read it for yourself and report back with your critiques.)
-It’s not clear how much this whole thing is related to law vs. mere posing– on both sides. If you’re into posing, please stop. You’re part of “the problem”. If you’re responding the posers, you might want to reconsider your angst, since it’s not good for your look. Here’s a terrific blog post by Stephen Warner on these points (and more). In addition to arguing that the bill says nothing and means nothing (given its vagueness), he provides links to the actual (two pieces of) legislation and notes that neither “discrimination” nor anything about sexuality appears in the laws.
To the stated concerns, here are some basic questions– all of which have decent, if not consistent, answers:
-Why do we want to force business owners to serve people?
-Why do we think it’s ethical to force business owners to serve people?
-Why do we think it’s practical to force business owners to serve people?
But then the questions get tougher:
-Why do we think it’s ok to force business owners to serve certain people, but not other people? (See: Christians with the ACA and abortifacients, gun-toting customers, some cakes or t-shirts but not others.)
-Why are “liberals” who consider themselves “pro-choice” ok with not allowing choice here? (The best coherent answer is that the discriminators are doing direct and significant harm to others.)
-Why do people imagine that “right-to-work” laws will NOT be good for Indiana’s economy (by attracting business)– while a law like this (even under the most stringent assumptions– aside from the brouhaha created) will cause significant economic damage. See also: a higher minimum wage will not create unemployment. Of course, the extent to which the cause will have an effect is debatable. But it’s not a good look to totally deny the one and go crazy about the other.
I planned to comment on some of the comments out there. But that would take too long; some people are too blind; and I don’t want to embarrass anyone when casual political observers who are throwing mud (without recognizing what they’re doing). So, I’ll close with this quote/meme from George Takei. It’s good, but not as applicable as he imagines for this context: “If you have to make laws to hurt a group of people just to prove your morals and faith, then you have no true morals or faith to prove.” Of course, that’s not the purpose of the law– let alone, the single purpose of the law. Or perhaps we could apply Takei’s quote to those on the Left who want huge taxes on those with higher incomes– or who are fond of using legislation to mess with all sorts of people.
Source:
http://schansblog.blogspot.com/2015/03/indiana-joins-gang-new-religious.html
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Yes, Normal people know that seeds from plants go into the dung pile, to bring forth life, but in the plant kingdom only! Not human seed! You only think you are smart! Also Women, they make all sort of hygiene products out their, so no need to have your friend try to lick you clean like a dog! Right on Indiana, these are freaky people, and their deviant ways do tread on religious rights!!
This Law, as all other Laws permitting Discrimination, is vile and un-civilized.
Right on Indiana! The whole Country of normal people back you! The queers are nothing but $hit stirrers!
Ah, thought filtered through the prism of mysticism to validate descrimination against a minority. Not just a minority but a law-abiding, American, tax paying one. If you ask me saying one group of law-abiding, tax paying citizens cannot do what other law abiding, tax paying citzens get to is about as UN-AMERICAN as you can get. Either you believe all law abiding, tax paying American citizens should be treated equally, or you believe that books of mythology give you the right to discriminate. You can’t have it both ways. You either believe in the concept of equality or you are an Un-American bigot (if anyone has issue with this term please look up the definition) when it comes to treating law-abiding, tax paying citizens equally. Quit playing the people against one another. You do the TPTB bidding. We have more in common than what separate us. Quit hating and truly love and respect your fellow man/law abiding/tax paying American citizen.
Protecting people from sodomites and their supporters FORCING others to accept Sodomy. Accept Sodomy or else they will ridicule, physically attack, call names, hate, smear and then accuse you of hate for not CONFORMING to their agenda of Sodomy. Well Sodomites, the Constitution was specifically put into place to prevent hateful tyrannical abusers like YOU people from FORCING others to accept YOUR Beliefs. YOU hate and attack anyone who refuses to bend over for your Sodomite Agenda.
Huh, if a homosexual ‘trolls’ you – you can always (POLITELY) say: Sorry, buddy but I’m straight…
Sodomy – A broad term used with wide brush strokes to paint a wholly unrealistic picture of law-abiding, tax paying American citizens. You sir are a hateful bigot that wish to treat one portion of society different because you think what you believe is the final word. What you refer to as forcing you to accept “sodomy” others would call the recognizing of basic rights, the love between two commited people, provided to the lawful, tax paying pubic at large.
++ I’m sure that they lead lives that are certainly more productive you VomitO. We have someone here in the building where I live who is gay. If you he’s THERE. The rest… well, they’re too SELF-ABSORBED to help out!
… if you NEED HELP…