no third solution

Blogging about liberty, anarchy, economics and politics

There is No Such Thing as a Religious “Right”

November 8th, 2007

In a related follow-up to the piece I wrote earlier in the week about Michigan’s same-sex benefits debate, Congress has now approved a measure which would ban discrimination based on sexual orientation. Note the nonsensical distinction, that it would now be verboten to fire someone for being gay, yet it would not be required to offer same-sex benefits — indeed they’re still trying to deny these things at State and Federal levels. (As an aside, I’d like to note that the Republicans really do have a hard-on for the whole gay marriage issue, don’t they? As in, everything is the slippery slope to Sodom and Gomorrah or something like that…)

Nineteen states have already enacted laws to bar such discrimination in the workplace, but it is currently legal in 30 states to fire a worker based on sexual orientation….

Nonetheless, Republican critics attacked the language as an invitation to activist judges to challenge state laws barring gay marriage, and Rep. Mark Souder (R., Ind.) charged that “religious rights” were being “trumped by sexual rights in our workplace.”

To suggest that Souder is an abject moron would be a redundant exercise in redundancy. He’s a politician after all, so we shouldn’t expect him to understand meta-concepts like rights or freedom. So let me paint a clearer picture: Describing individual rights as anything but property rights is an exercise in social warfare, towards tyranny by one group over all others. Coming from a politician, this shouldn’t surprise anyone. Their livelihoods depend upon pitting otherwise tolerant, amicable people against one another based only on completely arbitrary and fabricated class divisions. But I digress.

It is important to remember that there are no such things as “religious rights” or “sexual rights.” There are only individual property rights. You have a right to practice your religion freely because of (not in addition to) your right to be secure in your person and property. You have a right to seek employment, but this does not obligate me to provide for you. You have a right to associate with whomever you want — so long as the other party(s) consent. When “rights” are in conflict, we need only examine the property in question, and be sure that the consent of all involved has been secured.

That said, and motive notwithstanding, the White house unfortunately gets it right:

The Whjite (sic) House last month raised the threat of a veto, saying the bill is constitutionally inconsistent with the free exercise of religion and uses language that is “imprecise” and makes enforcement “extremely difficult.”

And indeed it is not only inconsistent with the free exercise of religion, but also the freedom of association and its counterpart, the freedom to not be forced to associate with any particular person or group of people. Although I agree in principle with the idea that a person ought not be denied opportunity because of his or her sexual orientation, I steadfastly believe in the right of an individual to do what he wishes and as he wishes within the confines of, and with regards to his own properties. If this means “No blacks allowed” or “No gays allowed,” so be it. I’d rather bigots were forced to openly and notoriously declare their intentions, in order that I may know who to avoid, who to scorn, and who deserves my reproach.

If we permit a vote of Congress to grant us our rights — even celebrate our successes — we must also accept that a vote of Congress can deny or invalidate our rights. This position is entirely intolerable.

States’ Rights – Denial of Same-Sex Benefits

November 6th, 2007

For governments which are ostensibly there to safeguard our rights, our lives, and our property, they sure make quite the habit out of telling us what we explicitly cannot do with same. In Michigan, the debate is over same-sex benefits for public employees — which would include school teachers, university professors, police officers, firemen, and anyone else who’s employed on the public dime:

The implications of the 2004 marriage amendment to the Michigan constitution were argued for the first time before the state Supreme Court on Tuesday in a case involving the extension of health care benefits to the same sex partners of public employees. …

Lawyers representing the public agencies, Gov. Jennifer Granholmn, the ACLU and other gay rights groups said voters had not intended to bar benefits when they passed the so-called marriage amendment, but instead wanted to protect the institution of marriage at a time when same-sex unions were being sanctioned or endorsed in other parts of the country.

Fortunately, private employers are not affected by the amendment that proscribes the provision of benefits to same-sex couples.

Sure, you could probably try and make a rather weak argument that the State should have the power to limit the benefits it grants to those in its employ; after all, private companies are (for the time being) and ought to be able to offer or deny such benefits as they deem appropriate. But the fact of the matter is that the State is not a private company, and simply shouldn’t enjoy the same privileges – actually exercises of rights – to which a private company or individual is entitled. “States’ Rights” is a null concept, as only individuals can have or exercise rights. So the State cannot have the same “right” to do something which a private company or individual would, it can only exercise power in denial or affirmation of such rights.

A State which forbids the provision of same-sex benefits by private companies would be condemned for denying the rights of individuals. A State which forbids the provision of same-sex benefits to its own employees is only marginally less guilty of the same crime.

Another Chink in the Armor

August 30th, 2007

“I started to cry because we so badly want to be able to be protected if something happens to one of us,” Rethmeier said.

And that’s precisely what “separate but equal” clauses can’t guarantee. Which is precisely why they’re unconscionable. Which is why a district court judge in Iowa ruled the State’s ban on gay marriages unconstitutional. Which, of course, is why the republicans in Iowa are pushing for a state constitutional amendment:

House Minority Leader Christopher Rants, R-Sioux City, said the ruling illustrates the need for a state constitutional amendment banning gay marriage.

Setting aside the pesky details (for instance, an unconstitutional State Amendment is still unconstitutional), let’s hope it fails. In light of this comment, I’m eagerly awaiting Kips hasty stitches.

I’ve skimmed the Iowa ruling, and I can say this upfront: It’s everything the New York ruling wasn’t but ought to have been.

no third solution

Blogging about liberty, anarchy, economics and politics