“Rand Paul Consistently Defends Discrimination”: And Opposes The Government’s Right To Protect People From Discrimination
In the past, when Senator Rand Paul has been asked about enforcement of the Civil Rights Act of 1964 or other civil rights bills, he’s fallen back on the idea that you can better assure, for example, desegregated lunch counters by denying that particular Woolworth’s your business than by enacting federal legislation. When it came to housing, he said this, “Decisions concerning private property and associations should in a free society be unhindered. As a consequence, some associations will discriminate.”
Using this rough logic, if you can call it that, people who seek to order lunch or buy a home are behaving a certain way. And people who deny patrons a meal or won’t sell them a house are also behaving a certain way. And people should be free to behave pretty much however they want. In a free society, some people will exhibit racist behaviors: “some associations will discriminate.” Other people will try to do certain things and find that they can’t accomplish them because of their race, gender, religion, or sexual orientation. But no one told them that they couldn’t try.
For Rand Paul, the best way to change someone’s behaviors is to behave some way yourself. Like Indiana Governor Mike Pence, who said he wouldn’t continue to eat at a restaurant that turned away gay couples, Rand Paul thinks that businesses can best be persuaded to serve all people by the threat of lost business from customers whose patronage they actually want.
So, pretty much across the board, Senator Rand Paul thinks about civil rights as a matter of how people behave rather than a matter well-suited for legal solutions or protections.
But, then, look at this:
“I don’t think I’ve ever used the word gay rights, because I don’t really believe in rights based on your behavior.” –Senator Rand Paul
The logic of that statement appears straightforward. Being black or a woman, how old you are, are not things you can change through behavioral modifications, but who you are physically attracted to is purely a matter of choice. Someone can deny you a sandwich or a wedding cake based on their perception of your sexual orientation because the presumption is that you behave a certain way, not that you are a certain way.
So, suddenly, the gay couple seeking dinner is distinct from the black gentleman seeking lunch, even though their behaviors are nearly identical.
If you’re seeking some consistency here, it’s not that hard to find. Rand Paul, in all circumstances, defends the right to discriminate and opposes the government’s right to protect people from discrimination.
He’ll shift around how he justifies these positions, but the positions remain the same.
There’s a certain appeal to the Paulista philosophy that has the potential to attract a lot of people in the younger generations, but here we see him running afoul of a core value of our youth, which is that gays should not be denied the same rights as everyone else.
It’s not just that he seems to be insisting that sexual orientation is a choice, but also that he wants to defend people’s right to behave any way they want, even in an openly discriminatory manner, unless their behavior involves sex.
This is not a winning position and it will hurt Paul badly with the very generations that might otherwise flock to his campaign.
By: Martin Longman, Ten Miles Square, The Washington Monthly, [Cross-posted at Progress Pond], March 31, 2015
“A Large Pizza With A Side Of Hate”: The Next Time You Order An Extra-Large Pepperoni, Tell Them To Hold The Hate
The only purpose of the “religious freedom” laws in Indiana and other states is to assert that discrimination against gay people is acceptable. The only way to “fix” such measures is to repeal them.
As events this week have shown, the nation is becoming intolerant of intolerance. Indiana Gov. Mike Pence (R) insisted that the absurdly titled “Religious Freedom Restoration Act” was not meant to enable discrimination. But no sooner had the ink dried on the new law than a local pizzeria announced it was just raring to discriminate.
“If a gay couple came in and wanted us to provide pizzas for their wedding, we would have to say no,” said Crystal O’Connor, whose family owns and operates Memories Pizza in Walkerton, Ind.
As a practical matter, I’m betting that few couples, gay or straight, would be devastated to go without pizza at their wedding reception. But that’s not the point. O’Connor correctly understood that the law was intended to let her discriminate against gay couples. Her family’s Christian beliefs, she said, lead her to disapprove of same-sex marriage.
It is her right to believe whatever she wants. Religious liberty is guaranteed by the Constitution. But in a pluralistic society, freedom of worship cannot mean a business that serves the general public can discriminate. When I was growing up in the South, there were business owners who believed the Lord didn’t intend for different races to mix, much less marry. Federal civil rights legislation barred these businesses from acting on that belief. The proprietors got over it.
At Pence’s urging, the Indiana legislature quickly came up with a proposal to amend the law to prohibit discrimination based on “race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service.” Pence signed it into law on Thursday. In other words: Never mind the whole thing, and we’re sorry we bothered everyone.
Read that list and contemplate the supreme irony: Indiana has ended up with an anti-discrimination law protecting the LGBT community that is among the toughest in the nation. Apparently, there will be pizza for everyone.
Doubtless with an eye toward Pence’s travails, Arkansas Gov. Asa Hutchinson (R) announced that he will not sign the religious-freedom law his legislature just handed him without significant changes, probably along the lines of those done in Indiana.
Pence was a big supporter of the original law, so why the rapid moonwalk in the opposite direction? Because the business community, both locally and nationally, announced its opposition and activists began talking about a boycott of the state. Because the NCAA, which is holding the Final Four tournament in Indianapolis this weekend, announced its urgent concern. Because Apple chief executive Tim Cook, who heads the most valuable company in the universe, wrote a Post op-ed denouncing the Indiana law as discriminatory.
In Arkansas, Hutchinson heard expressions of concern from Wal-Mart, the world’s biggest retailer — which happens to be headquartered in Bentonville, Ark. When Wal-Mart calls, and you’re governor of Arkansas, you pick up the phone.
About 20 states already have these religious-freedom laws on the books, although most are not as far-reaching as Indiana’s. There is no indication that rampant discrimination is taking place — but that’s not the point. The clear target is same-sex marriage, and the intention is to reassure citizens that discrimination against same-sex couples is at least theoretically permissible.
The fact that we don’t hear of these laws actually being used proves a truth about same-sex marriage that should be blindingly obvious: Whether two men or two women decide to marry has not the slightest impact on anyone else.
Just a decade ago, most gay activists considered same-sex marriage a bridge too far. Today, it’s the law in 37 states and the District. The world has not come to an end. “Traditional” marriage has not been threatened. Opponents cannot cite one negative impact on society, unless you count the deprivation felt by citizens who need somebody, anybody, to discriminate against.
With a few exceptions, such as Hobby Lobby, the business community has decided that bigotry is bad for the bottom line. Politicians can fight the likes of Apple, Wal-Mart and the NCAA if they want. It’s just not a high-percentage move.
Which brings me to the wrenching struggle the Republican Party is having with itself over the issue. It’s time for the GOP to get on the right side of history. The next time you order an extra-large pepperoni, tell them to hold the hate.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 2, 2015
“Freedom To Discriminate”: We’ve Been Here Before; “No Negroes, No Mexicans, No Dogs Allowed”
In 1942, with the United States newly entered into the Second World War, the Lonestar Restaurant Association in Texas printed flyers for its members to paste on their windows that read: “No Negroes, Mexicans or Dogs Allowed.”That iconic and painful reminder of America’s history of discrimination came to mind in recent days as I listened to Indiana Governor Mike Pence struggle through a mind-numbingly contorted defense of his state’s recently enacted Religious Freedom Restoration Law. Let’s be clear that what Gov. Pence singed into law has little to do with religious liberty and a lot to do with the desire to discriminate against entire sectors of our society but especially gay, lesbian, bisexual and transgendered Americans. We’ve been here before.
In the ’40s and ’50s, as the civil rights movements in Black and Latino communities gathered steam and pushed against the barriers of public and private racism and discrimination, some state governments and businesses responded by claiming that desegregation was an attack on their freedom to choose with whom to share classrooms, bathrooms, restaurants, train stations and the like. In short, they equated their freedom to discriminate with other Americans’ claims to equality. Looking back, we can take great comfort and pride that when faced with this false choice, Americans almost always chose equality.
Yet the battle for equality isn’t over; it never is. This time, the targets of discrimination are gay, lesbian, bisexual and transgender Americans. This time, the discrimination cloaks itself in the mantle of religious liberty and “freedom of conscience.” This time, the forces of discrimination have cast themselves as a persecuted minority, fending off attacks against their most sacred religious values. Nonsense. No law in this country compels a religious person to act against their religious values and ideals. No law compels that churches or mosques celebrate marriages for gays and lesbians. No law compels a rabbi, pastor or imam to give a religious benediction to homosexuality.
What the law does compel, however, is that one not discriminate in business or in government against a person for their appearance, their nationality, their color, their creed, and, yes, their sexual orientation. That’s not an attack against religious liberty; it’s a defense of American values.
For many Latinos across the country, gay and straight, this Indiana law and its companion in Arkansas, are a painful reminder of our own struggle for equality in the United States. When we see what is happening in Indiana and Arkansas and other states across the country, we recognize the discrimination because we have been and are still its targets. We see it today with attempts to pass anti-immigrant laws in Arizona, Alabama, Pennsylvania and elsewhere. And because of these historic and ongoing struggles, we cannot be silent in the face of these deeply un-American acts. We will not be silent.
The defenders of discrimination and bigotry may control many statehouses and governor’s mansions in this country, but they’re on the wrong side of history. Americans of good conscience will always rise up in defense of equality. We know. We’ve been here before.
By: Jose Calderon, President of the Hispanic Federation; The Blog, The Huffington Post, March 3, 2015
“The Conscience Of A Corporation”: A Deeply Held Relationship With Five Members Of The Supreme Court
So here is Walmart, insisting that “our core basic belief of respect for the individual” is at odds with an Arkansas bill that would allow religious-based discrimination. And here is Marriott, slamming as “idiocy” similar measures in other states. And somewhere in there is the family-run pizzeria, asserting that Indiana’s new law allows them to deny wedding day pies to people whose choice of spouses they don’t approve of.
These businesses sell Chinese-made consumer goods, hotel rooms, and rounded dough burdened with pepperoni and extra cheese. Since when did they start spouting off about the deeply held convictions guiding their corporate consciences?
You can blame last year’s Supreme Court decision in the Hobby Lobby case for unleashing a herd of ponies that have gone off in quite unpredicted directions. There, in a partisan 5-to-4 ruling straight from Republican fever nests, the court gave certain corporations the right to challenge laws that they claim violate their religious beliefs. In that case, it was about contraception in the health care package.
Let’s pause to consider this new entity — a moneymaking organization no different from a lone human being who feels conscience-bound to live a certain way because of a deeply held relationship with God. Let’s pause, because five members of the Supreme Court would not.
One justice, the irrepressible Ruth Bader Ginsburg, warned of the consequences of giving corporations a soul: “The court, I fear, has ventured into a minefield.”
Ginsburg predicted that the court’s “expansive notion of corporate personhood” would invite profit-making companies to start using religion as an excuse to ignore laws they didn’t like. And indeed, states packed with right-wing legislators who see phantom persecution behind every new episode of “Modern Family” have clamored to give companies a spiritual opt-out clause.
So it is in Indiana. State lawmakers were also told to look before taking a big leap into spiritual exemptions for business. In a letter in February, legal scholars warned of corporations’ citing religious justification for “taking the law into their own hands.”
But, lo, look what happened on the way to forcing religion into the marketplace: The corporations — Apple, Nike, Yelp, Gap, PayPal, Big Pharma companies like Eli Lilly and the nine largest companies with headquarters in Indiana — have rebelled. They are saying: No, don’t give us the power to discriminate. We’d rather remain soulless purveyors of product to the widest possible customer base. Which is, I suppose, how capitalism is supposed to work. Bless the free market.
Indiana’s law is “not just pure idiocy from a business perspective,” said Marriott’s president, Arne Sorenson, but “the notion that you can tell businesses somehow that they are free to discriminate against people based on who they are is madness.”
Not March Madness, the culmination of which is what Indiana thought we’d all be celebrating in the Hoosier State this weekend. But political lunacy, of the type that’s been on display ever since the Republican Party hitched itself to the crazies who dominate its media wing.
But let’s not get too far ahead of ourselves. Walmart, which effectively killed the Arkansas bill a few days ago, remains locked in poverty wage mode, despite its recent boast of raising pay to at least $9 an hour. Apple, and most tech companies now strutting across the moral stage, continues to do business with countries where a person can be executed for being gay.
Their outrage is selective, and calculated: In corporate America, the branding conceit of the moment includes just the right dash of social activism. A little environmental nudge from your cereal, a talk about race from your barista — it’s mostly harmless.
Chick-fil-A learned a lesson in its journey from behind the grease counter and back over gay marriage. After condemning same-sex marriage and becoming a culture-war battleground, the corporate leaders of a company that professes to run on biblical principles now say they will stick with chicken talk. Everyone is welcome.
Good call. Nothing in the secular world keeps Chick-fil-A’s founders from free worship in private. For that matter, nothing in the secular world deprives any business owner of a lawful spiritual pursuit outside of the public square. Their profits will rise or fall because of consumer demand, rather than which side of a biblical exhortation the chicken-eater may be on.
All of this, the free market in tandem with the First Amendment, has worked pretty well in a clamorous democracy such as ours. It’s only when activist judges — thy names are Clarence Thomas, Antonin Scalia, Samuel Alito, Anthony Kennedy and John Roberts — have tried to broaden the intent of the founders that we’ve gotten into trouble.
In 2010, those five judges created the notion of corporate personhood — giving companies the unfettered right to dominate elections. After all, Exxon is just a citizen like you and me. And in 2014, those five judges gave corporations a soul, a further expansion of business entity as a citizen. Well, they tried to. As the saying goes, a corporation will never truly be a citizen until you can execute one in Texas.
By: Timothy Egan, Contributing Op-Ed Writer, The New York Times, April 3, 2015
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