Cruel Activism: The Gay Rights Attack On Cynthia and Robert Gifford

The-Gifford-Barn-in-Schaghticoke-NY

It is said that close cases make bad law, and they often make bad ethics too. Legally, the culpability of Cynthia and Robert Gifford is not at all certain. Ethically, however, as right as they may be on the law, the conduct of their persecutors, same-sex couple Jennifer McCarthy and Melisa Erwin, has been unnecessary, without compassion, vindictive and cruel.

The Giffords are active Christians who own Liberty Ridge Farm, located in Schaghticoke in upstate New York. They supplement the farm’s revenue with attractions designed for kids and families, including a pumpkin patch, a corn stalk maze and a rustic barn for parties and weddings. That rustic barn has three stories. The Giffords reside on the top floor, with the bottom floor designed for events, and the second floor consisting of rooms for activities relating to their preparation and management.

When Cynthia Gifford received a phone call from Melissa McCarthy inquiring about having her wedding at the farm, Cynthia invited her to visit and assess the venue.In the follow-up phone call, McCarthy revealed for the first time that the affair would be a same-sex wedding. Cynthia explained that the family’s faith held that marriages can only be a union of a man and a woman, so they did not make their farm available for ceremonies. She said, however, that the couple was welcome to hold the wedding reception there.

Apparently expecting this response, Jennifer and Melissa surreptitiously recorded the phone call. Armed with the recording, they contacted the New York Civil Liberties Union who immediately filed a discrimination lawsuit against the Giffords on their behalf.

The Giffords argue that this was not a matter of discrimination, but religious practice. They had hosted events for gay clients before, and employed gays. “The Giffords’ objection was to hosting and participating in the wedding ceremony itself and not to providing service in general to lesbians,” their lawyer said.

They lost. Bronx administrative Law Judge Migdalia Pares rejected Giffords’ claim that the farm, which is also their home, is not a place of public accommodation and is therefore not subject to the anti-discrimination provisions of New York’s Human Rights Law. She ruled that Liberty Ridge qualifies as a public accommodation because it regularly collects fees for space, facilities, services and meals, so it cannot be considered “distinctly private.”  The fact that the Giffords reside at Gifford Barn does not render it private. The Giffords were ordered to pay $13,000 in fines and restitution.

The Giffords are appealing.

The Giffords, according to the judge, “unlawfully discriminated against complainants solely on the basis of their sexual orientation.” Another way of looking at it is that Jennifer and Melissa, now married, discriminated against the Giffords solely on the basis of their religious beliefs. Why couldn’t they agree to respect the Giffords’ religious beliefs, and use the property for the wedding reception only, having the actual ceremony elsewhere? Would that really be such a hardship, or a compromise in principles? Indeed, if the nation and committed progressives really aspire to tolerance, diversity and mutual compassion and understanding, why wouldn’t that be the ethical, desirable, reasonable compromise?

I know the response to that question, of course. This was a matter of principle. This would send a message. Crushing the Giffords was necessary to show that all opposition to same sex marriage would eventually be crushed under the advance of history. Never mind that these were not anti-gay bigots, and that they have as much right to practice their faith as a lesbian couple has a right to wed. This is a zero sum game, apparently. Besides the law—probably–supports McCarthy and Erwin.

I think the actions of Jennifer McCarthy and Melisa Erwin violate the Second Niggardly Principle, which is a rule of kindness, compromise and common sense. It holds…

“When an individual or group can accomplish its legitimate objectives without engaging in speech or conduct that will offend individuals whose basis for the supposed offense is emotional, mistaken or ignorant, but is not malicious and is based on well-established impulses of human nature, it is unethical to intentionally engage in such speech or conduct.”

The couple’s legitimate objectives in this case were to get married and celebrate the marriage in an attractive venue. I don’t think setting out to punish a couple for belonging to a religion that doesn’t accept same sex marriage is a legitimate objective, nor is turning their lives upside down, nor forcing them into the maw of litigation to bend them to their will. Does the gay rights movement really feel that all those who have not yet accepted the justice and inevitability of same-sex marriage must be exposed and made to suffer? It seems that this is McCarthy and  Erwin believe, and what this case will come to stand for.

If so, I think the story of the Giffords will do more harm than good, hardening opposition, confirming suspicion, undermining trust and ultimately making acceptance for gay couples harder, however it turns out in the courts. Just because you have the law on your side doesn’t mean you have to use it when doing so involves unnecessary harm to others. Gays want compassion, kindness, tolerance and fairness. It would help if they showed a willingness to give as well as receive.

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Pointer: Steven Mark Pilling

The Benefits of Mutual Respect and Civility vs. Hate and “Partyism”

A New York Times feature from October 3 tells the inspiring tale of a friendship between two scholars, one a Christian, the other an atheist. Their friendship does not thrive in spite of the conflict between their core beliefs, but rather because of it.

Prof. David Skeel, the Christian, recently published  a book, “True Paradox: How Christianity Makes Sense of Our Complex World.”  His atheist friend, Patrick Arsenault,  is  acknowledged in the book and quoted as well, and the Times notes that “True Paradox” “might not have existed at all, or certainly would not exist in its present shape and voice, without the secular scientist as its midwife. And that odd reality is testament to a rare brand of mutual civility in the culture wars, with their countervailing trends of religious fundamentalism and dogmatic atheism.” Says Skeel:

“One of the things we talked about was whether it matters if we persuade each other. I long to have Patrick converted to my perspective. So how can we have a friendship? I see it as toleration in the deepest meaning. We don’t just ‘put up’ with each other’s beliefs. We interrogate them.”

Arsenault tells the Times that “in the culture wars, the rhetoric is acerbic on both sides. On the humanist side, there’s this tendency to view people of faith as not rational. And David is clearly rational. He’s just looked at the same evidence as me and come to a different conclusion.”

Contrast this attitude—rational, respectful, practical, fair, constructive and profoundly ethical, with the “partyism” and bigotry being practiced with increasing intensity as the mid-term elections approach. There is Washington Post columnist Dana Milbank in the video clip above, for example,  not merely accusing Republicans of fear-mongering, but suggesting that their criticism of the Secret Service is insincere: Continue reading

Now THIS Is An Abuse Of Police Power

The trooper is on to something...it is amazing how persuasive a sermon can be when it's backed up by a gun...

The trooper is on to something…it is amazing how persuasive a sermon can be when it’s backed up by a gun…

According to the complaint filed in a U.S. District Court, Indiana State Trooper Brian Hamilton stopped Ellen Bogan to give her a ticket,proceeded to grill her on whether she had yet accepted Jesus Christ as her savior, and then gave her a pamphlet to help her see the light.

Quite reasonably, Ms Bogan felt coerced and was ready to swear that she had the Bible tattooed on her back if hse had to get away from the Preacher Policeman After the prolonged stop, Trooper Hamilton said “God bless you,” which was nice, and then went on to find other motorists to proselytize at gunpoint.

This is what the First Amendment to the Constitution is concerned about when it prohibits the state from interfering with citizens’ free exercise of religion. It’s wonderful that Trooper Hamilton is a good Baptist and all, but he is in the wrong line of work, and needs to have a forced occupation change immediately. A badge doesn’t give him the right to use his authority as a police officer to bully motorists into endorsing his favorite brand of Christianity. In fact, the badge, the gun and the nature of his employer take that right away from him while he’s working.

__________________________

Pointer: Fred.

 

No, There Is No “Absurdly Bearded Sociology Professor On A Beer Can Principle”

follicle beer

This is just unfair, that’s all.

 Paul Roof, a professor of sociology at Charleston Southern University, a Christian school, learned that a photo of him taken by a professional photographer at a beard contest was about to appear on “Chucktown Follicle Brown” beer cans.  “I’m not compensated for the image, I don’t own the image, and the use of the image was a surprise to me,” the Roof told the media. His (amazing/ outrageous/ ridiculous—choose one) four-section beard has been used for other promotions, including for Christian services. Charleston Southern University never expressed any objection to its employee looking like an escapee from “Ripley’s Believe It or Not!” Nevertheless, the school fired him, saying that a professor having his image on a beer can “was not representative of a Christian environment.” Continue reading

Comment of the Day: “Clayton Lockett Is Dead, Right? Then 1) Good! and 2) His Execution Wasn’t “Botched””

capital-punishmentThere are well-established group of ethics topics that will always cause spirited debates here, because they are issues that have always divided public opinion and always will: morality vs ethics, drug legalization, abortion, war, social justice, socialism, plus various controversies involving race, sexuality and gender. I try to wade into these only when a current even beckons, as to some extent the arguments are futile and familiar, and too many people refuse to think or listen anymore, retreating to slogans and reflex positions articulated by others.

I decided to wade into one of the most polarized, of these, capital punishment, when the Clayton Lockett execution in Oklahoma sparked a national debate that seemed strange to me, and indeed driven by the unwarranted assumption, uncritically accepted by the news media, that the painlessness of executions were a crucial feature of making them ethical as well as societally palatable. It also opened the question of whether one execution that doesn’t follow the script necessarily calls capital punishment itself into question. I confess: both in my post’s title and in the tone of my responses to anti-death penalty commentators, I intentionally sought to roil the waters of debate, and was determined not to allow the nice people who usually express compassion for the pain and suffering of humanity’s worst and deadliest escape with the usual pieties.

Sure enough, this annoyed the heck out of some readers. Responding to the emphatic objections of one, Isaac delivered a personal and powerful rebuttal. Here is his Comment of the Day on the post Clayton Lockett Is Dead, Right? Then 1) Good! and 2) His Execution Wasn’t “Botched:” Continue reading

There May Not Be A War On Christmas, But Whatever It Is, Christmas Is Losing

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I don’t think it’s my imagination, or that I’m watching too much Bill O’Reilly (since I almost never watch Bill O’Reilly), but it became very clear to me this year that Christmas, as a society-wide cultural convergence in America, is losing its grip.

The reasons are varied and many, and to pick out any in particular one would betray my own biases. But I am a fairly obsessive observer of the popular culture, and there was markedly less Christmas this year in every way. Religious references to the Christmas story—the manger, the Wise Men, the Star of Bethlehem and the rest, are almost invisible outside of church. On television, that part of Christmas is taboo, apparently; on radio too, traditional carols, which once were standard fare, whether sung by pop singers like Bing Crosby or classical artists, are mostly relegated to the classical music channels. On the other stations, there was less Christmas music than I can ever recall, and perhaps because of that, I was very conscious of how dated virtually all of it is. The last non-frivolous Christmas standard to enter the playlist was 1962’s “Do You Hear What I Hear?, ” and the other newer ones  are either songs about romance using Christmas as a backdrop, anti-Christmas novelties (“Grandma Got Run Over By  A Reindeer”), or just lousy.

Meanwhile, listening to the parade of pop yule classics is an exercise in morbidity. Almost all of them are sung by dead artists that no one under the age of thirty (or forty?) could have ever heard or seen perform live. Bing, Dean Martin, Karen Carpenter, Andy Williams, Burl Ives, Gene Autry, Judy Garland, Nat King Cole, Mel Torme, Frank Sinatra—Andy just left us, but most of the rest, with the lingering exceptions of Johnny Mathis and Harry Belafonte, are not merely dead, but long dead, like Marley. No one has taken their place in this genre, and that means that it’s a dying genre.

It is obvious that Christmas movies are being run on television less than ever before, too. It was once impossible to avoid encountering several versions of “A Christmas Carol,” and sometimes the same one would keep popping up, annoyingly so. Not any more. “It’s A Wonderful Life” had its annual showing, and I stumbled upon “White Christmas” a couple of times, but the pickings were slim.   The lousy Richard Attenborough “Miracle on 34th Street’ turned up; Turner Classics ran through most of the old Christmas classics once, but you had to look for them. There haven’t been any new Christmas movies from Hollywood that have made the grade for a very long time: with the exception of the first “The Santa Clause,” what Hollywood has been churning out are more or less bitter comedies (“Christmas With The Kranks,” “Jingle All The Way,” “Bad Santa,” “Christmas Vacation”–even the “Home Alone” films) that portray Christmas as suburban hell.

Then there are the wan or missing town hall and town center Christmas displays (Gotta watch out for those law suits), the tasteless Christmas TV commercials (the men in boxers jingling their “bells” is gross, in my opinion), and the hesitation you hear in strangers’ voices as they try to guess whether “Merry Christmas” will offend you or not.  I used to encounter carolers several times every Christmas, in shopping malls if nowhere else. The malls are disappearing, and kids don’t go caroling any more. They don’t know carols any more, because if their school teaches them one (because it’s a lovely song) some fanatic will raise a stink and claim its religious indoctrination.  Children, in a more innocent, less cynical age, were allowed to believe in Santa Claus well past the age of 5. (I was 26 before I knew the truth.) No longer. Christmas just feels half-hearted, uncertain, unenthusiastic now. Forced. Dying.

It was a season culminating in a day in which a whole culture, or most of it, engaged in loving deeds, celebrated ethical values, thought the best of their neighbors and species, and tried to make each other happy and hopeful, and perhaps reverent and whimsical too.  I think it was a healthy phenomenon, and I think we will be the worse for its demise. All of us…even those who have worked so diligently and self-righteously to bring it to this diminished state.

But anyway,

Merry Christmas.

For what it’s worth.

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Graphic: Stacy Gustafson

Lauren Green vs Reza Aslan Aftermath: Attack Of The Spinners

spinningThe interview Lauren Green of Fox news inflicted on her guest, Reza Aslan, was bad journalism, bad television, and just plain wrong–unfair, unreasonable, and biased. In a sane U.S., nobody would defend such a dull-edged hatchet job, which appeared to be crafted, by Green or her Dark Lords at Fox, to make the network’s conservative Christian viewers happy by accusing a scholar of religious bias for simply challenging the historical accuracy of the New Testament. But this is an insane, crazily partisan U.S., where every perceived defeat in the culture wars is cause for garment rending, so such niceties as being honest when one of your allies misbehaves is considered tantamount to surrender.

Thus along comes conservative religious scholar Matthew J. Franck, who on his blog First Thoughts hands the Christian Soldiers of the Right just the ammunition they need to rehabilitate Green. (Note: Green revealed herself as a shameless hack, and doesn’t deserve to be rehabilitated.) Naturally, the strategy is to discredit Aslan, and this he tries to do with gusto in not one, but two blog posts. His accusation: Aslan misrepresented his scholarly credentials, when he was trying repeatedly to challenge Green’s idiotic contention that a Muslim isn’t qualified to write about Jesus. This means, concludes Franck, that Aslan can’t be trusted, so Green was right all along. His book should be ignored.

Ironically enough, this calls to mind another one of Bickmore’s Laws (His First Law of Being Biased was featured in the original post about Green’s interview) , Bickmore’s Second Law of Being Biased:

Nitpicking others’ arguments is not the same thing as “critical thinking.”  That involves nitpicking your own arguments.

This applies nicely to Franck’s attack on Aslan.

Aslan said, off the cuff and while being badgered by Green, Continue reading

Lauren Green, Fox News, and Bickmore’s First Law Of Being Biased

Watch this, if you dare.

I have been using the phrase “Bias makes you stupid” for many years, but only recently learned that a Utah climate-change scientist has claimed the observation as his own. In fact, Barry Bickmore has a lot of useful, perceptive observations among “Bickmore’s Laws” ( Example: Bickmore’s First Law of Being Reasonable Reasonable people understand that good arguments can sometimes lead to false conclusions, and bad arguments can sometimes lead to true conclusions ), though they all were apparently devised to help him debunk the arguments of climates change skeptics. Most of them have general applicability. and that includes his version of what I once called “Marshall’s First Law”: Bickmore’s First Law of Being Biased: Bias makes you human.  Unchecked bias makes you stupid.

Which brings us to Lauren Green, and Fox News.

I have no idea whether Ms. Green is really stupid or not. I do know she is a former beauty queen, and that Fox (other networks too, but Fox is blatant about it) clearly values pulchritude over journalistic acumen and skill when making their on-air talent decisions not involving Y chromosomes. This itself is stupid, unprofessional, sexist, insulting to women, unfair to better journalists with smaller bra cups and courser features, and I must admit, when it leads to an epic live embarrassment such as Green’s, I take some satisfaction that Roger Ailes is getting exactly what he deserves for such a cynical, reckless, ratings ploy.

If Lauren Green is not stupid, then her frantic efforts to play to the core Fox audience’s presumed bias in favor of Christianity of the literal variety and related bias against non-Christians, especially Muslims, sure caused her brain to take a holiday. Or, perhaps, her own unchecked Christian biases—she is Fox’s “religion correspondent” these days—triggered a classic display of Bickmore’s First Law of Being Biased. In either case, I think her credibility is permanently shot, even at Fox. She might want to consider a different line of work. Continue reading

Fire Deandre Poole

Florida Atlantic University, where bullies and incompetents mold tomorrow's leaders!

Florida Atlantic University, where bullies and incompetents mold tomorrow’s leaders!

There are a wide variety of offenses that ought to lead to a college professor’s dismissal. Incompetence, for example. Our young minds should not be shaped by fools. A university should not tolerate discrimination and bias,  either. Every occupant of a classroom should  feel that he or she is equally welcome regardless of race, color, gender…well, you know the list. Abuse of power by a teacher shows  a lack of trustworthiness; that kind of conduct, as well as its close relative, bullying, must be strictly forbidden on campus. Then there are an assortment of character traits and professional deficits that must lead to severance from a teaching position when they are in evidence, traits like laziness, ignorance, lack of respect for core American rights, and stupidity, which, neatly enough, brings us back to incompetence.

This also brings us to the case of Dr. Deandre Poole, the Florida Atlantic University professor who ordered her class to write “Jesus” on a piece of paper and then to stomp on it. When one student, a devout Mormon, refused, and was clearly upset about it, he took steps to have the student punished for that old favorite, violation of the student Code of Conduct. Dr. Poole, through his participation in this ridiculous incident, has shown himself guilty of all the forms of unacceptable conduct listed above: Continue reading

Ethics Dunce: Chelsea Welch (The Applebee’s Train Wreck, Part Deux)

Chelsea Welch 2

Chelsea Welch: Hire at your own risk. You have been warned. By Chelsea, in fact…

I really, really didn’t want to revisit the tale about the cheap pastor, the self-righteous waitress, and Applebee’s. The comments on the original post here were illuminating, not in a good way, and were profoundly discouraging. The fact that so many people are incapable of getting past their biases against any business that has to enforce basic common sense policies on their employees is depressing; the fact that they embrace wholeheartedly the idea that a minor instance of poor judgment and conduct warrants permanent vilification on the web is alarming; and the widespread rejection of the principles of the Golden Rule is scary.

Unfortunately, Chelsea Welch, the fired waitress whom I once had some sympathy for despite the fact that her firing was 100% justified, has apparently seen fit to publish a letter, although there is no way to tell that it is really hers—the way this whole scenario has gone, it probably was written by the pastor who started the whole mess to make Chelsea look bad. If that was the objective, the pastor was wrong again, for a ridiculous percentage of the commenters think the letter is perfectly reasonable, meaning, of course, that they have the ethical sensibilities of 5th graders. The cruel reader who brought this to my attention actually read the comments on one site and tallied them: 1538 supporting Chelsea, only 20 that didn’t.

<Sigh!>

Nonetheless, Chelsea Welch reveals herself as an A-1 prime ethics dunce, the kind of person who will blunder along through life behaving unethically, causing little and large harms and discomforts to those she encounters, always thinking she is in the right, because she doesn’t have the foggiest notion of how one goes about determining what  right is.

Her letter is a classic of rationalization. Some highlights (the entire letter is at the end)… Continue reading