Archive for the ‘gay marriage’ category

Supreme Decision

February 1, 2017

With the nomination of Federal Appeals Court Judge, Neil Gorsuch, a difficult decision lies in front of Democrat Senators. Do they oppose his confirmation at all costs or do they object but in the end allow him to be confirmed? And more to the point, why in either case?

Judge Gorsuch claims to be someone who interprets the Constitution as the framers intended and reads laws in the context of how they were created, not how they would impact the future. Judge Gorsuch as been described as “Scalia-esq” without the bombastic-ness Antonin Scalia employed. So does Judge Gorsuch deserve a hearing?

It should be very understandable if Democrats chose a “tit for tat” response reflecting Mitch McConnell’s decision to not even give hearings to Merritt Garland. On this basis alone, a logical refusal to confirm could be based.

Over time, however, political sentiment shifts back and forth from conservative to progressive and back. It should therefore not be overlooked that in the future as the recent past, progressives have been nominated. (Judge Garland’s treatment, unfortunately, hurts this argument).  Never the less, a complete stonewall of Gorsuch would only serve to dignify McConnell’s dysfunctional behavior.

Assuming there is a hearing, what questions should be asked? And what type of answers will indicate Judge Gorsuch is not “out of the mainstream”?

Judge Gorsuch calls himself an “originalist” in the Antonin Scalia mold.  Questions around social issues and religious rights represent places where (IMO) “originalists” are the furtherest out on the limb and may be seen as out of the mainstream.

For example, supporting the Little Sisters of the Poor’s or Hobby’s decision not to provide all of Obamacare’s benefits to women for religious reasons runs dead smack into the 14th Amendment (equal protection). The Affordable Care Act required no one to use any birth control method, ACA simply made it available to any woman who so chose. Does Judge Gorsuch believe exercising religious liberty can over ride the 14th Amendment?

Another social issue involves individual gay rights such as employment discrimination and same sex marriage. Does freedom of religion allow someone with “deeply held religious beliefs” to fire or refuse to hire someone, or to withhold services to a customer on the basis of sexual orientation?

And of course, does any government have the right to interfere with a women’s choices on her reproductive health, and by extension, does a person with deeply held religious views or any religious institution have standing in denying any women such rights?

Judge Gorsuch’s beliefs in other areas such as tort, tax, and corporate law, while important, are less relevant since the Judge’s opinions are well known to be the conservative side.

It is instead the social issues which are dividing the country and are not to be found in thoughts of our founding fathers.

A simple principle might be, “believe what you want, live personally your beliefs, do not require others to follow your beliefs”.

Pandering To “Deeply” Held Religious Views

April 16, 2016

The Constitution’s first amendment guarantees that Government will not restrict expression of religion. But what is included in this presumed freedom? Can mothers prevent their children from being vaccinated to guard against a communicable disease if their brand of religion believes god will safe guard their child? Or, what if ones religion rules out blood transfusions? Could an individual refuse a transfusion? Could that individual refuse a life saving transfusion for his spouse or child? Hmmm.

Many religion are associated with certain wearing apparel. In America, there is fairly wide acceptance or probably better daid, an indifference) to religious dress such as Jewish Kippah, Muslim Hijab, or Amish traditional dress. And underlying this acceptance (or indifference) is that no one else is forced to wear these items.

The operating principle over the years has been religious freedom means that an individual can believe what they want providing their beliefs do not hurt others.

The secular world is another place altogether. Here is where the economy and daily living takes place. One would nowadays never expect to see a door at Walmart which said “Christians Entrance”, or another which said “Blacks Only”. Over the years, secular laws have evolved to provide a commercial world open to all.

The rub arises when religious worlds cross paths with the secular world. Christians normally have religious services on Sunday while Jews hold services Friday evening. In the recent past, there existed a set of laws restricting commercial activity on Sundays. These so-called “blue laws” attempted to discourage most commercial activity on Sundays.

Today there are no laws requiring a commercial establishment to operate on Sunday but more importantantly there are no laws preventing them from being open. Commercial businesses, even those associated with specific religious groups have a choice. No one is required to shop on Sunday and no business is required to be open.

Now a new conflict has arisen testing freedom of religion.

Over the past few years as the Country’s social conscience has evolved to where a majority of Americans accept the LBGT community and recognize same sex marriage.Unfortunately many religious organizations have brought forward objections under the headline, homosexuality, changing gender identity, and same sex marriage violate “deeply held religious views”.

While the law of the land might be that same sex marriage is legal in all 50 States, certain individuals holding “deeply held religious views” believe they possess a right (from the first amendment) to withhold service (during their work) from those who are in some way in violation of their “deeply held religious views”.

There is a cartoon circulating which shows a number of grocery store check-out lanes. In the first lane, the employee tells the customer that due to his “deeply held catholic beliefs” the condoms the customers wishes to purchase must be taken to another lane. In the next lane, a Muslim tells the customer that due to his “deeply held religious beliefs” he can not ring up the bacon and that the customer must take the product to another lane. Sound ridiculous?

Consider then the recent move by some Republican majority States to pass laws nibble away at rulings by the Supreme Court.  These individual instances are not isolated but reflect a broader effort by evangelical and fundamentalist religious groups to have it both ways. They want freedom of religion and they want the right to take certain freedoms from others. Hmmm.

These religious groups want the right to deny service to others whose life style they deem an offense to their “deeply held religious beliefs”. As private organizations, one might understand rules excluding others who can not meet religious tests but when members of these religious organizations are working in the public sector, this seems way over the line. What ever happened to “love thy neighbor as thy self”?

As disappointing as these religious groups behavior, even more disappointing, yet not that surprising, are the political leaders who are pandering to these evangelicals and fundamentalists.

So it should be no surprise that States like Indiana, North Carolina, Georgia, Mississippi, and Alabama have all proposed or implemented State laws which in some way attempt to “guarantee” religious freedom and protect individuals who discriminate from civil suits…  anyone, that is, who withholds services due to “deeply held religious views”.

For these religious groups, it takes very small people to think and act in a mean and discriminatory way.

For these political officials, the bar is even lower. Politicians only seek enough votes to remain in power while feeding off the public trough.  Votes are just votes.  Et tu Ted Cruz.

I Wonder Why?

September 28, 2014

In November, Pennsylvania will hold its Governor’s election along with the mid-term Congressional Representative’s race. Most of the attention, however, is focused upon the Governor’s job. Will incumbent Republican Tom Corbett retain his position or will Democrat challenger Tom Wolf prevail?

If polls are any indication, Corbett ought to be looking for his next job. I wonder why?

Try four simple positions.

  • Education. In 2010, Pennsylvania was still in the throws of recession and tax revenues had fallen. On top of lower tax revenues, a one time “Federal stimulus” grant had not been replaced so balancing the Pennsylvania State budget would require new or increased taxes. Corbett’s campaign pledge of “no new taxes” (sound familiar) meant he would need to create a budget on less money than his predecessor. Hmmm. Result: cuts of over $1 billion in State aid to education.
  • Voting Rights. Following a GOP nationwide script, with the Governor’s support, the Republican controlled legislature passed a “voter photo ID” law aimed at guarding against voter fraud. Despite the fact that there were no instances of voter fraud, the new law required Pennsylvanians to present an authorized photo ID in order to vote. The Governor maintained his support claiming the law was “constitutional” rather than necessary.
  • Gay Rights. Again following a conservative national campaign, the Governor staked out his position in opposition to gay marriage. He supported the State’s ban on same sex marriage providing a familiar argument that same sex marriage was like the marriage of a brother and sister. Subsequently Courts struck down the Pennsylvania law.
  • Healthcare. Oh, and yes once again like other GOP Governors, Corbett refused to expand Pennsylvania’s Medicaid coverage under the Affordable Care Act. The usual reasons were provided (too costly, there was a better way). To date, Pennsylvania’s Medicaid roles have not been expanded despite the demographic need.

With the election a little over a month away, Governor Corbett is grasping at campaign positions that might revive his chances. His opponent is a little known business executive who has simply promised to do better. Corbett’s ploy is “tell us how”.

The truth of the matter is there is no evidence that Wolf could or would be a better Governor. Corbett, however, chose some very short sighted goals and voters have concluded he is a mean spirited person.

For sure Healthcare and Education are complicated issues. Opening the checkbook and simply doling out money may not be the right answer. Turning ones back and not sincerely trying to find genuine compromise makes for an uncomfortable bed to sleep in.

Voter Photo ID and opposition to gay marriage are, on the other hand, straight forward unkind and discriminatory positions. In a closely divided red-blue State, it should be no surprise that swing voters will pile on the Wolf bandwagon.