Posts Tagged ‘gay marriage’

The Masterpiece Cakeshop Decision

June 17, 2018

The Supreme Court has decided in favor of the Colorado baker who declined to make a wedding cake for gay wedding.

The Supreme Court ruled Monday in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple, in one of the most closely watched cases of the term.

In a 7-2 decision, the justices set aside a Colorado court ruling against the baker — while stopping short of deciding the broader issue of whether a business can refuse to serve gay and lesbian people. The opinion was penned by Justice Anthony Kennedy, who is often the swing justice in tight cases.

The narrow ruling here focused on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips.

“The Commission’s hostility was inconsistent with the First Amendment’s guarantee that our laws be applied in a manner that is neutral toward religion,” Kennedy wrote in his majority opinion.

 

There is a lot that has been written about this decision in the weeks since it has been handed down by the Supreme Court, and I don’t imagine I have too much to contribute to the discussion. Still, There are three or four comments I would like to make about it.

First, Jack Phillips did not refuse to serve the couple because they were homosexuals. He did not tell them that he didn’t serve their kind, as the couple asserted and he actually offered to sell them any pre-made cake in his store. What Mr. Phillips refused to do was to use his artistic talent in a way that was against his religious beliefs. He would not decorate a cake for a gay wedding because his religious beliefs were in opposition to gay weddings. Evidently, Mr. Phillips has long made a practice of refusing to go against his religious values, refusing to decorate cakes with adult themes or even cakes for Halloween.

This is not the same as refusing to allow Blacks to sit at a lunch counter, or forcing someone to sit at the back of the bus. It is more like a gay baker not wanting to bake a cake labeled, “God hates fags” for the Westboro Baptist Church. No one’s rights were being infringed because Jack Phillips declined to decorate a cake for a particular occasion. No one has the right to compel Jack Phillips to bake a cake for a particular occasion.

Second, you might ask how I would feel if someone would refuse to provide some such service to me. Well, I would be upset, of course, and would probably not patronize that particular bakery, or whatever, again, but I would not take them to court to force them to serve me. In fact, I would fight for the right of any baker to refuse to serve me.

Why would I do that?  Well, I wouldn’t want someone to be forced to bake a cake for me because would be afraid of getting the Yelper Special.

But, aside from that, I would support their right to refuse me service for a very simple reason, which leads into my third comment. It seems to me obvious that a government or a court with the power to force someone else to do something I like but they detest has just as much power to force me to do something I would prefer not to do. A government that can mandate a Christian baker to bake a cake for a gay wedding can just as easily force people to follow  Christian,values, whether they want to or not. It is simply astonishing to me that no one ever seems to consider this simple factor.

I have noticed that a lot of the people who believe that a “bigot” like Jack Phillips should be forced to bake the cake are also convinced that Donald Trump is a would-be Fascist dictator, or that the conservative Christians or alt-right racists, or both, are on the verge of taking over this country and eliminating all freedom. If this were even the remotest of possibilities, why on Earth would these people want to give any potential oppressors the tools they need to practice repression? Wouldn’t we be a lot safer with a smaller, more limited government that lets people live in peace. We would have less to fear from any dictator if the government had less influence on our daily lives.

And last, it is something of a scandal that this Supreme Court decision was a 7-2 decision. It ought to have been 9-0. If previous presidents had appointed Supreme Court justices who put the words and intent of the constitution first and their political ideology second, this decision,  and many similar decisions, would have been 9-0. But, consider this any conservative Never-Trumper who might be reading this. If Hilary Clinton were president and had appointed a Justice to replace Antonin Scalia, this decision could very well have been 6-3, with worse to come as Clinton would managed to appoint more Justices. Whatever you may think of Trump’s shortcomings, especially his boorish personality, there is no doubt that the cause of liberty has been better served by his winning the presidency than his opponent.

 

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Kim Davis

September 14, 2015

I am still not too sure what to think of the whole Kim Davis affair down in Kentucky. If she were the owner and proprietor of her own business, it would be a simple matter, at least for me. I would say that she ought not to be required to take part in any occasion or transaction that contradicts her religious conscience. The difficulty is that she is not acting on her own, but as a county clerk she is acting as a representative of the state of Kentucky and it is not clear that she has the authority either legal or moral to put her own religious beliefs ahead of the laws of the state she is representing. It seems that she is in the position of the centurion who asked Jesus to heal his servant.

When Jesus had entered Capernaum, a centurion came to him, asking for help. “Lord,” he said, “my servant lies at home paralyzed, suffering terribly.”

Jesus said to him, “Shall I come and heal him?”

The centurion replied, “Lord, I do not deserve to have you come under my roof. But just say the word, and my servant will be healed. For I myself am a man under authority, with soldiers under me. I tell this one, ‘Go,’ and he goes; and that one, ‘Come,’ and he comes. I say to my servant, ‘Do this,’ and he does it.” (Matt 8:5-9)

Surely, Kim Davis is a woman under authority who is obliged to come and do when she is ordered.

Yet, I find it very odd to see so many progressives insisting that no one is above the law and the law must be obeyed whatever personal reservations one may have about it. They didn’t express such sentiments when the mayor of San Francisco was illegally issuing licenses for same-sex marriages. They had no such reservations when then California Attorney General and later Governor Jerry Brown decided to refuse to enforce Proposition 8, despite the fact that as an elected official it was his duty to enforce the laws, even ones he disliked, just like Kim Davis. The progressives have never had a problem with encouraging young men to dodge the draft during times of war, encouraging soldiers to desert, giving aid and comfort to their country’s enemies, celebrating domestic terrorists and murderers, and generally doing everything they can to upset the rule of law. Now, suddenly, they are for law and order.

It seems there is a pattern here. When they are out of power, the progressives preach that dissent is the highest form of patriotism. When they are in power it changes to dissent is racist, sexist, homophobic, fascist, bigoted. Any trace of dissent, however minor and ineffectual must be crushed. Why should the rest of us play a game that is rigged to be heads, I win, tails you lose? If following the law is optional for the progressives, why not for conservatives?

Another factor that leads me to want to support Kim Davis, almost against my better judgment, is the sheer magnitude of the hatred that is being directed at this woman. People who know nothing about her have been calling her every nasty name imaginable on every internet forum around. They have mocked her religious beliefs and her personal appearance in ways that would provoke shame in any decent person. Why? What has she actually done to deserve such treatment? One would think from all the abuse that she is some sort of mass murderer who drowns puppies and kittens in her spare time. The people in the Middle East who actually stone gay people do not get the kind of hazing she has gotten for merely inconveniencing some gays. What I find remarkable about this abuse is that none of her opponents seems to be the least bit willing to concede that she is simply trying to do what she believes is right in God’s eyes. In their minds, someone like her can only be motivated by hatred and bigotry. Only the enlightened and progressive ones among us seem to have any real consciences. The rest of us are hateful troglodytes. I cannot help but consider that anyone who attracts such hatred from the enlightened and tolerant supporters of diversity must be on the side of the angels.

I am still not certain if I can really support what Kim Davis has been doing. It is not a simple matter. She has been stirring people up and presenting opportunities for the left to once again show their hypocrisy. I think I feel the same way about her antics as I do Donald Trump‘s. Both may end up doing damage to causes I believe in, but they are both doing a needed service by providing turbulence to shake up people and institutions that badly need shaking up.

Opinions

April 21, 2014

Not long ago, I was reading an article on Cracked.com titled the 4 Most Useless Pieces of Advice Everyone Believes. Like many Cracked articles this one combined humor with serious observations about life. Number two on the list is “You’re entitled to your opinion. As always when I quote from Cracked.com, please excuse the language.

Being entitled to something is saying you have a right or claim to it. There is justice in you having this thing. And what could denigrate that idea more than someone being entitled to a chucklefuck stupid opinion?

The modern world is rife with people convinced that their opinions are important and valid when, sadly, that just isn’t true. For any opinion to be valid and important, it needs to be informed, and good God do few people aspire to that.

I’ve said before that everyone will have an opinion — that’s inevitable — but you should reserve your opinion until after you have informed yourself on the matter at hand, and you should only respect the opinion of others if it passes that test.

I wish the writer would have taken his own advice. Everyone does indeed have a right to their own opinion, informed or otherwise. The question is whether you should pay any attention to what a given person has to say on a given subject. If a person has shown himself to be knowledgeable about economics or physics, then their opinion is worth listening to on those subjects. That same person’s opinion on history or entertainment may not be worth listening to.

The writer gives several examples of what he considers to be bad opinions that are self-evidently so wrong that only someone  ignorant could possibly hold them. The trouble is that each of these opinions is not self-evidently wrong and could be defended.

For evidence of this, please refer to people who are “not racist but raised to believe you stay with your own kind.” That’s their opinion. Other people have an opinion that gays shouldn’t get married. That the Earth is 6,000 years old. That climate change doesn’t exist. That women who lead you on deserve to be raped. These opinions are not informed. There is no logic behind them, no foundation on which to base them.

Three of these; people should stay with their own kind, gays should not marry, and women can deserve to be raped are questions of values rather than facts, or what ought to be done rather than what is. You may believe some or all of these statements are morally right or wrong based on the basic values you uphold, but they are not statements that can be shown to be true or false. It may be a fact that people prefer to associate with people who look like themselves, or that gays would like to marry, or that a woman may lead a man on but whether or not people should only associate with their own race, or gays should marry, or a woman who leads a man on should be raped cannot be facts and cannot be decided by observation or debate.

This is why such questions are so hard to resolve, at least when dealing with people with different cultures and values. There are few people in the United States who would say that a woman could ever deserve to be raped. In Saudi Arabia or Afghanistan, people may have a different view. Nearly everyone agrees that slavery is obviously wrong. No one in ancient times thought that there was anything at all wrong with slavery.  This is not to say that we should adopt a position of moral relativism.Some things are right and some things are wrong. There is a difference, however, between right and wrong, and true and false. The one is easy to decide. The other is a little harder.

Whether or not climate change is occurring is a question of facts. One fact is relatively easy to discover. Obviously, the Earth’s climate has changed drastically throughout its history. The questions of how the climate is changing right now and to what extent human beings are changing the climate are harder to answer. The interactions of the Earth’s atmosphere and climate are extremely complex and not well understood. The question of what to do about any changes in climate is more of a matter of ought than is. It is believing that the science is settled and that the debate is over that is uninformed and illogical.

Geologists believe that the Earth is 4.57 billion years old. They have good reasons for believing this and there is a general consensus among the scientists that have studied the matter that the Earth is that old. People who believe the Earth is only 6000 years old may not be very knowledgeable about geology or  may believe that their interpretation of scripture is more authoritative than the theories of geologists, but they are not stupid or ignorant, as the writer seems to believe. They may be very knowledgeable and sensible on many subjects.

At the same time, believing that the Earth is 4.57 billion years old is not really a sign of superior intellect. I doubt very much that many of the people who believe the Earth so old have actually investigated why geologists believe that the Earth is so old or how they came to determine the age of the Earth. If a person believes that the Earth is 4.57 billion years old, that belief may be correct, or at least in line with current thinking on the subject, but they can hardly take credit for believing what they were taught in school without questioning. If they were taught the Moon was made of green cheese,  they would believe that too.

What seems to be happening here, besides poor thinking skills on the part of the writer of this piece, is another example of a trend that is becoming more noticeable recently, the tendency by leftists to declare that all debate on a given subject is over, in favor of the left wing position. Anyone who does not take the orthodox leftwing position on the subject does not simply happen to have a different opinion or is not simply mistaken about the facts, but is upholding a position that is so devoid of logic and decency that they shouldn’t even be allowed to express it in public. Their opinions are so noxious that they need never be listened to and ought never to be permitted any forum in which to express their hateful views. Thus, someone who opposes the idea of same-sex marriage does not simply value traditional ideas on marriage or have sincere religious views. All good people support same-sex marriage so that person can only be a hater and a bigot. Someone who does not believe that human beings are primarily responsible for changing the climate cannot have come to that  conclusion by examining the evidence. They can only be an either an ignoramus or in the pay of Big Oil.

It’s hard to imagine that this sort of casual disrespect could make our political discourse more civil. It is more likely to have the reverse effect. If your opponent is not simply a human being with different ideas but either the Devil or a complete idiot, you need not try to reason with them or try to understand them, or even treat them with minimal respect. You are more likely to seek to destroy or ruin them.

But, that is just my opinion. I could be wrong.

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A Tail is a Leg

April 26, 2011

Abraham Lincoln once asked his cabinet, “How many legs does a dog have if you call its tail a leg?”

Everyone in his cabinet replied, “Five”.

“Wrong”, said Lincoln, “The dog has four legs. If you call its tail a leg, that doesn’t make it a leg.”

That is exactly how I feel about the subject of same-sex or gay marriage. They can call such unions marriages as much as they might want however that does not change the facts. By definition a marriage is “The legal union of a man and woman as husband and wife.” This isn’t just a matter of the dictionary definition. Marriage as it has always been practiced has always been a relationship between a man and a woman. This is not arbitrary, there are reasons for this. If I may quote scripture:

Now the LORD God had formed out of the ground all the beasts of the field and all the birds of the air. He brought them to the man to see what he would name them; and whatever the man called each living creature, that was its name. 20So the man gave names to all the livestock, the birds of the air and all the beasts of the field.

But for Adam[h] no suitable helper was found. 21 So the LORD God caused the man to fall into a deep sleep; and while he was sleeping, he took one of the man’s ribs[i] and closed up the place with flesh. 22 Then the LORD God made a woman from the rib[j] he had taken out of the man, and he brought her to the man.

23 The man said,

“This is now bone of my bones
and flesh of my flesh;
she shall be called ‘woman,[k]
for she was taken out of man.”

24 For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh. Genesis 2:19-24.

One of the stranger delusions of the Left is that gender is irrelevant, that men and women are completely equal and can be exchange without any differences. This is, of course, foolishness, as anyone who has ever watched little boys and little girls in a playground can attest. Like most of the Left’s delusions, it can only be believed by completely ignoring any real-world experience. The simple truth is that men and women are not equal and cannot be equal. That is not to say,of course, that one is superior to the other, rather that each gender is equally important but different. They are meant to complement each other; the man’s strengths and weaknesses balancing the woman’s strengths and weaknesses. I really don’t see how the dynamics of a same-sex relationship could be stable, unless one man were very effeminate or one woman were very masculine. And in fact, homosexual relationships do not appear to be especially stable or long lasting.


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