religious freedom

Considering the Retrograde Mississippi Freedom of Comment of the Day #2: “Conscience from Government Discrimination Act, This Shouldn’t Be Surprising At All…”

/ Jack Marshall / 33 Comments

Jesus-Burdens-our-Religious-Freedom

The second Comment of the Day, also on the same post, comes from frequent COTD author Extradimensional Cephalopod. His topic is religious freedom. Here it is…

Human logic is so warped by truisms. Why are we discussing the competition between religious freedom and the principle of respecting others? Once we strip away the artificial distinction between religious beliefs and any other beliefs, everything becomes more obvious.

It makes no sense at all to say that people are free to believe whatever they want but that they should not impose those beliefs on others in public. Society is built on a foundation of mutual beliefs, beliefs about the best obligations we can all impose on ourselves on behalf of each other. Fundamental disagreements or paradigm mismatches about ethics and rights cannot be ignored, because they disrupt the fabric of society itself. (No, gay marriage in itself doesn’t disrupt the fabric of society; the fact that only a small percentage of the population can discuss it respectfully and intelligently indicates the fabric has been looking for an excuse to unravel.)

“Religious freedom” is an excuse to avoid difficult conversations and careful thought, and just sweep the differences under the rug. The only reason that’s possible is because (most) people decided they would prefer to ignore each other rather than kill each other, but that doesn’t make the underlying misunderstandings go away. They show up in politics because the law of the land is the only place where people have no alternative but to deal with each other’s beliefs about right and wrong (or leave the country). If we face our disagreements head on, but with the goal of learning, there is no reason “tolerance” needs to last forever.

I would never tell a person who believes that gay marriage is an offense against a magical energy being that they should keep that belief to themselves, any more than I would ask it of someone who believes that evolution is a more accurate and useful concept than creationism. People who keep beliefs to themselves rarely get the opportunity to learn they’re wrong. Of course, people who never shut up about their beliefs and listen to alternatives never learn either. Ideas should be sent out into the world to stand on their own. Most of them will be torn to shreds, and that’s good. The ideas that don’t survive weren’t useful, at least not by themselves.

There is no way to defend religion as a concept, let alone its exercise, because religion is an arbitrary collection of descriptive and normative beliefs with a lot of people who consider them somehow existentially important. Religion in general cannot be defended ethically or legally, because its beliefs could say literally anything. Any such defense would merely be an excuse to completely ignore skepticism and critical thinking in the name of… somehow being morally superior in a way that critical thinking and skepticism… somehow prevents. However, most (but not all) religions allow critical thinking in ways that don’t threaten their tenets, because the ones that don’t are even more horribly crippled due to their intellectual bankruptcy. Few complain because few know how to think critically, or value the practice.

Continue reading →

Georgia’s Religious Liberty Bill Was An Ethics Abomination, But So Is Letting Corporations Dictate Laws In A Democracy

/ Jack Marshall / 74 Comments
...and corporate pressure had nothing to do with it. No, really.

…and corporate pressure had nothing to do with it. No, really.

Ethics Abomination I: Georgia’s HB 757

Gov. Nathan Deal  vetoed the controversial  “religious liberty” bill yesterday. Well, good. HB 757 was an ugly, ignorant, unethical  law in many ways, and almost certainly unconstitutional on its face.

It began with outrageous fear-mongering, appealing to right-wing hysteria and ignorance…

[R]eligious officials shall not be required to perform marriage ceremonies, perform rites, or administer sacraments in violation of their legal right to free exercise of religion; to provide that no individual shall be required to attend the solemnization of a marriage, performance of  rites, or administration of sacraments in violation of their legal right to free exercise of religion;

Ridiculous. No law, state or national, can require a pastor or minister to perform a wedding, nor could any citizen be required to attend one. These are both unalterable First Amendment no-nos, and any legislator who doesn’t know that is too ignorant to hold office. Laws should not be sops thrown to slobbering mobs, and that’s what this part of the law is—unless it’s proof that Georgia legislature is itself a slobbering mob.

Then the law ends by greasing the wheels for outright anti-LGBT discrimination:

Except as provided by the Constitution of this state or the United States or federal law, no faith based organization shall be required to hire or retain as an employee any person whose religious beliefs or practices or lack of either are not in accord with the faith based organization’s sincerely held religious belief as demonstrated by practice, expression, or clearly articulated tenet of faith.

A refusal by a faith based organization to hire or retain a person pursuant to subsection (b) of this Code section shall not give rise to a civil claim or cause of action against such faith based organization or an employee thereof or result in any state action to penalize, withhold benefits from, or discriminate against the faith based organization or employee based on such refusal.

You have to really, really hate and fear gay citizens not to reject such a bill. Continue reading →

John Kasich Flunks A Competence Requirement: If You Can’t Think And Communicate Clearly, You Shouldn’t Be President

/ Jack Marshall / 23 Comments

“We must be more forceful in the battle of ideas. U.S. Public Diplomacy and International Broadcasting have lost their focus on the case for Western values and ideals and effectively countering our opponents’ propaganda and disinformation. I will consolidate
them into a new agency that has a clear mandate to promote the core Judeo-Christian Western values that we and our friends and allies share: the values of human rights, the values of democracy, freedom of speech, freedom of religion, and freedom of association. And it should focus on four critical targets: the Middle East, China, Iran, and Russia.”

Poor John Kasich. The Ohio governor is by experience, practical political views and demonstrated executive skills among the most qualified and able of all the Presidential candidates. Nonetheless, he is a lazy communicator and a clumsy one, and in a job where words and persuasion matter as much as any other tool of leadership, he repeatedly reveals himself to be untrustworthy. The above passage, from Kasich’s foreign policy speech this week, exemplifies this.

A President cannot say that he wants an agency that will promote Judeo-Christian values, because it will be heard, and fairly so, as an effort to promote some religions over others, something the United States government may not do, and may not even appear to want to do. Worse, Kasich chose the exact moment when his words were guaranteed to be interpreted in the worst light possible by Democrats and the news media, as the nation was immersed in an a debate about screening Syrian refugees that was being elevated to dueling hysterias by both the left and the right. Sure enough, I just heard CNN’s Michael Smerconish compare Kasich’s proposal to ISIS-style forced conversion.

Nice job, John. Continue reading →

OK, Progressive Hypocrites: NOW Do You Agree That The Pope Is Meddling Where He Has No Business Meddling?

/ Jack Marshall / 36 Comments

Pope Francis2

Pope Francis just threw the weight of the Vatican behind Kim Davis, Mike Huckabee, and other proponents of theocracy….which makes sense, I guess, since he leads one:

Reuters:

Pope Francis said on Monday government officials have a “human right” to refuse to discharge a duty, such as issuing marriage licenses to homosexuals, if they feel it violates their conscience...On the flight back to Rome, he was asked if he supported individuals, including government officials, who refuse to abide by some laws, such as issuing marriage licenses to gays.

“Conscientious objection must enter into every juridical structure because it is a right,” Francis said.

UPDATE: The full quote:

“I can’t have in mind all cases that can exist about conscience objection… but, yes, I can say the conscientious objection is a right that is a part of every human right. It is a right. And if a person does not allow others to be a conscientious objector, he denies a right…. Conscientious objection must enter into every juridical structure because it is a right, a human right… Otherwise we would end up in a situation where we select what is a right, saying ‘this right that has merit, this one does not.’ It is a human right…It is a human right and if a government official is a human person, he has that right. It is a human right.”

That sly fox did phrase this ambiguously enough that he has plausible deniability: maybe he’s been coached by the Clintons. “Oh, no,” he can say, “I said ‘conscientious objection,’ as in civil disobedience. I didn’t say they had a right to defy the law and still keep their jobs!” Or maybe he was mistranslated, and really said, “My hovercraft is full of eels.”

Let’s all give thank to the Pope for ensuring that more Constitutional dummies will insist that they can defy the laws and discriminate against gay citizens because the Bible tells them so and the Pope said they have a “right.”

Sorry Frankie, but you don’t know what the hell you are talking about, and you need to butt out of U.S. social and policy issues.

There is no human right to treat a human being differently from any other human being because of his or sexual orientation as a representative of the government, no right to defy the law without consequences, and no right for a government employee to refuse to do her job because she, like the Pope, in her infinite non-comprehension of the Constitution, doesn’t agree with the Supreme Court.

Nevertheless, gratitude is due to the Popester* for proving my point about the absurdity of his amateur observations about law, government and policy being treated like divine revelations by the news media and Democrats trying to pick up some polling points on global warming.

Did you notice that he didn’t have the guts to talk to Congress about abortion. That would have upset his claque on the Democratic side. He also waited until he was safely  back home before lining up with the Kim Davis crowd.

Canny.

Cowardly.

*Disrespectful, you say? Absolutely. Guilty as charged! I don’t respect foreign despots who presume to interfere with my country’s politics, laws and culture. I resent them. Neither should any other American citizen. And John Boehner regarded allowing the head of his religion to lobby the Congress his greatest achievement!

 

Ethics Quote Of The Week: Fox News Anchor Shepard Smith

/ Jack Marshall / 7 Comments
Looks thoughtful, sounds thoughtful, isn't thinking...

Looks thoughtful, sounds thoughtful, isn’t thinking…

“I don’t know…I think we are in a weird place in the world when the following things are considered political. Five things, I’m going to tick them off. These are the five things that were on his and our president’s agenda. Caring for the marginalized and the poor — that’s now political. Advancing economic opportunity for all. Political? Serving as good stewards of the environment. Protecting religious minorities and promoting religious freedom globally. Welcoming [and] integrating immigrants and refugees globally. And that’s political?”

—-Fox News anchor Shep Smith last week, responding to critics of the Pope’s visit to the U.S. and his message, as it was being celebrated by Democrats, Catholics, intellectually dishonest progressives, and, apparently, naive news anchors.

The short answer to Smith’s question is, “Of course it’s political. All of those issues are political.” I would also add, “How can you report political news and not understand that they are political?”

Now I’m going to tick them off:

….”Caring for the marginalized and the poor” requires time, money and personnel, as well as planning and efficiency. All of those in turn require re-allocating resources away from other needs and activities, including important ones that allow people to avoid poverty and marginalization. A society that makes cariung for the non-productive members of society its first priority becomes non-productive itself. So where does “caring for the marginalized and the poor” fit on the priority list? What is the definition of  “the marginalized and the poor”? The Pope doesn’t have to define them, but to seriously create policy that accomplishes the goal of “caring for” them—which also requires a definition—is a political task.
Continue reading →

Ten Ethics Observations On Ben Carson’s Statement That A Muslim Should Not Be President

/ Jack Marshall / 46 Comments

ben-carsonSunday, Republican presidential candidate Ben Carson told Chuck Todd on “Meet the Press” that a Muslim should not be President of the United States, saying that Carson “would not advocate that we put a Muslim in charge of this nation. I absolutely would not agree with that.”

After that ignited the proverbial “media firestorm,” Carson went further, telling The Hill in a subsequent interview:

“I do not believe Sharia is consistent with the Constitution of this country. Muslims feel that their religion is very much a part of your public life and what you do as a public official, and that’s inconsistent with our principles and our Constitution.”

He qualified his objections by saying that he would have no problem with a Muslim candidate who  “publicly rejected all the tenets of Sharia and lived a life consistent with that.”

Observations:

1) Since the likelihood of a Muslim being elected President before human beings proceed to the next stage of evolution, be it brains the size of watermelons or tentacles in place of legs, this issue really isn’t about having a Muslim President. The controversy is over whether Dr. Carson is espousing bigotry, or just talking common sense, and this in turn is about the bizarre dedication of progressives and Democrats to the false proposition that Islam has nothing to do with domestic and foreign terrorism, ISIS, and world unrest. Thus such a statement is immediately condemned as fear-mongering and bigotry, and the news media and Democrats (but I repeat myself), as well as others, are behaving as if Carson said that redheads can’t be President. In general, Carson’s undiplomatic and clumsy comment—again, he has no business running for President, as he is an incompetent candidate who  has no relevant experience whatsoever—provides an easy route for Democrats and their media allies to paint Republicans as bigots. That’s what the episode is really about.

2) I will say, with absolute confidence, that no one should advocate that we put an unqualified, opinionated, politically naive, neurosurgeon in charge of this nation.  (Dr. Carson also has dead eyes. So does Scott Walker. I don’t trust leaders with dead eyes.)

3) Carson has a legitimate point buried in his statement. The strict tenets of Islam are inconsistent with American ideals and principles, among them the separation of religion and state, individual autonomy, treatment of women and acceptance of those of other faiths. Treating his comments as if they are the rantings of a mad man, as CNN’s New Day was doing this morning, is not proportional, responsible, fair or helpful. Continue reading →

Kim Davis Musings: When Employment Discrimination Is Responsible And Ethical—But Still Illegal

/ Jack Marshall / 34 Comments

Kim Davis

It’s Kim Davis Day, when we will find out whether the recalcitrant clerk will step aside, allow her deputies to do her job, obey the judge, and not interfere with American couples who want to get married in Kentucky, or, as many expect, will again take her marching orders from God, defy the Supreme Court, start speaking in tongues, or find some other way to make a public nuisance of herself. The latter, we can only hope, will send her back to jail, and give Mike Huckabee, Ted Cruz, Bobby Jindal and some other Republicans an opportunity to grandstand.

The issue this raises for me is: Why would any employer  hire someone who reveals themselves as a Davis-level religious zealot? Continue reading →

Comment of the Day: “Disqualified For High Office: Senator Ted Cruz (R-Tx)”

/ Jack Marshall / 58 Comments
legs

(Some of the many legs Kim Davis and Ted Cruz don’t have to stand on…)

My posts are long enough, I think everyone will agree, and often a lot more than that. Believe it or not. I’m always debating whether to include more detailed and footnoted arguments that make the blog more like the New Yorker, and I usually opt for the shorter version. I am always grateful when an articulate commenter expands on the post expands, at any length, on what I present and adds some of the sources I have read and others, putting more flesh on the bones of my position.

johnburger2013 has done Ethics Alarms a service by doing this regarding my posts about recalcitrant Kentucky clerk Kim Davis, now known as Inmate 8522901, and hosanna to that. In particular, I am grateful for his Scalia reference. The Volokh Conspiracy is the best reference for issues like this, as Prof. Volokh and his cohorts lean libertarian but brook no nonsense. You know, like Ted Cruz’s rant. Thanks to jvb also for using that site deftly.

Here is his Comment of the Day on the post, Disqualified For High Office: Senator Ted Cruz (R-Tx): Continue reading →

Disqualified For High Office: Senator Ted Cruz (R-Tx)

/ Jack Marshall / 52 Comments
See, Ted, it's crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Never mind. Just stay in the Senate, and you can say stupid things you don't believe with minimal harm.

See, Ted, it’s crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Oh, never mind. Just stay in the Senate, and you can say stupid things you don’t believe with minimal harm. Deal?

Eventually, I may have to post a full list of the current Presidential candidates who have definitively disqualified themselves, by evidence of character, integrity, honesty, temperament, trustworthiness, leadership ability  and core values (or, in the cases of Hillary Clinton and Donald Trump, the absence of them), from the very office they seek. Frankly, I’m afraid that no one will be left.

Senator Ted Cruz’s recent statement about Kim Davis, the now correctly jailed Kentucky clerk who cites God’s authority to justify defying the law, is so irresponsible, dishonest and cynical that he has to be moved to the top of the list.

Here it is. My comments are in bold.

“Today, judicial lawlessness crossed into judicial tyranny. Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America…

This is a lie, and a gross mischaracterization of the facts. Kim Davis can live and worship any way she chooses. She objects to same sex marriage, and she may refuse to associate with gay married couples, refuse to attend gay weddings, make whatever statements opposing gay marriage she chooses, picket gay weddings, lobby for a Constitutional amendment and more.

What she cannot do is refuse to perform the duties of her office, and withhold from citizens the government services they have a right to receive because of her religious beliefs. It is beyond legitimate question in law and ethics that she does not have the right to do this. She has been arrested for defying a court order and being in open contempt of legal judicial authority. This is not unprecedented, this is America, and must be America if democracy and rule of law is to function. Continue reading →

Unethical Quote of the Week: Kim Davis

/ Jack Marshall / 132 Comments

“I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with accommodations for people’s religious freedom and conscience. I want to continue to perform my duties, but I also am requesting what our Founders envisioned – that conscience and religious freedom would be protected. That is all I am asking. I never sought to be in this position, and I would much rather not have been placed in this position. I have received death threats from people who do not know me. I harbor nothing against them. I was elected by the people to serve as the County Clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.”

—-Kim Davis, Rowan County Kentucky Clerk  and hero of the addled, who has been making an ass out of herself while inconveniencing and insulting citizens of the State of Kentucky who only wish to get a marriage license, as is their right, in an official statement today released by her lawyers.

Stop in the name of arrogance and ignorance!

Stop in the name of arrogance and ignorance!

The U.S. Supreme Court declined to extend a temporary stay of a federal court order directing Davis to stop grandstanding, do her job and issue marriage licenses to a same-sex couples. One of the couples that Davis sought to deny the equal protection of law sued her, hence the order.   Davis’s lawyers, who have been giving her lousy advice, appealed  that order to the Court of Appeals, which stayed the lower court order until August 31. Now the stay of the order is no longer in effect, she’s out of even semi-rational options, and the courts are out of patience.

Davis, expressing certainty regarding her gross misinterpretation of law, religion, the Bible, and what it means to have a job, embraces a version of the Rule of Law that would lead directly to a theocracy. She is doing more damage to Christianity by her high profile idiocy than any gay couple possibly could. Continue reading →