“Enshrining Discrimination In Constitutional Stone”: Cruz Leads The Race To The Bottom On Marriage Equality
Sen. Ted Cruz (R-Texas) attended an event in Manhattan this week, though the venue was a little surprising: the reception for the Texas Republican was held at the apartment of “two prominent gay hoteliers. At the gathering, Cruz reportedly said he would love his children regardless of their sexual orientation, and according to the event’s moderator, the far-right senator “told the group that marriage should be left up to the states.” As best as I can tell, there was no recording of the event, at least not one that’s available to the public, so it’s hard to know exactly what he said.
But before there’s speculation about whether Cruz’s conservative backers will revolt over the senator’s tone, consider the Texas lawmaker’s latest legislative push. Bloomberg Politics reported late yesterday:
Days before the U.S. Supreme Court hears arguments on same-sex marriage, Senator Ted Cruz has filed two bills to protect states that bar gay couples from marrying.
Cruz’s legislation would establish a constitutional amendment shielding states that define marriage as between one woman and one man from legal action, according to bill language obtained by Bloomberg News. A second bill would bar federal courts from further weighing in on the marriage issue until such an amendment is adopted.
To be sure, this doesn’t come as too big a surprise. Cruz has been threatening to pursue an anti-gay constitutional amendment for quite a while, and he started telegraphing his “court-stripping” effort soon after launching his presidential campaign.
For that matter, it’s also not too surprising that Cruz would use his Senate office to push doomed proposals intended to boost his national candidacy.
But beware of the race to the bottom.
Louisiana Gov. Bobby Jindal (R) yesterday made a small public splash, trying to position himself as the GOP field’s far-right leader on the culture war. It seems very likely that Scott Walker, Mike Huckabee, Ben Carson, and others will all make similar claims.
It’s against this backdrop that Cruz not only wants to enshrine discrimination in constitutional stone, he wants to prevent federal courts from even hearing cases related to marriage equality.
In other words, as the race for the Republicans’ presidential nomination continues to unfold, we’re confronted with a very real possibility of seeing one candidate say, “I’m the most anti-gay candidate and I’m going to prove it,” only to soon after hear another respond, “No, I’m the most anti-gay candidate and I’m going to prove it.”
The race to the bottom may impress far-right social conservatives, but it will push the GOP even further from the American mainstream.
By: Steve Benen, The Maddow Blog, April 25, 2015
“Kansas Has Gone Full Tea Party”: Kansas’ Experiment In Concentrated Conservatism Keeps Getting Grimmer
Kansas is in the midst of a grim experiment putting crackpot supply-side economic theories into practice. While these economic anti-reforms will have devastating results for poor people in the state, in other respects Republican Gov. Sam Brownback and his legislative allies have made the government more intrusive into the private lives of the state’s citizens. April has provided some particularly egregious examples of this disastrous turn.
Kansas has been a Republican state for a long time. Since 1936, the only time the state has given its electoral votes to a Democratic candidate was to Lyndon Johnson in the massive landslide of 1964. Despite this, Kansas has historically not been a far-right state. Prominent Kansas Republicans have generally been moderates, like Bob Dole and Nancy Kassebaum. Kathleen Sebelius, President Obama’s former secretary of health and human services, was the state’s Democratic governor as recently as 2009.
But since the election of Brownback, Kansas has gone full Tea Party. Kansas Republicans have enacted massive upper-class tax cuts, with the idea that they would produce such an explosion of economic growth that the state would actually gain revenues. This makes no sense in theory and has been a catastrophe in practice. Revenues have cratered, while economic growth lags behind neighboring states. Spending on the poor has decreased, while the tax burden on the poor has increased. Needless to say, Kansas has rejected the Medicaid expansion offered by the Affordable Care Act, denying access to health care for many poor Kansans.
Kansas Republicans certainly have no intention of taking responsibility for this disaster, which means a search for scapegoats. The targets should not be surprising: poor people, women, and gay people.
Earlier this month, Brownback signed a bill that, among other things, prevents welfare recipients from spending government-provided funds on things poor people do not spend their money on, such as cruise ships. As Emily Badger of The Washington Post observes, this reflects a trend in Republican-governed states of placing burdens and restrictions on poor people that do not apply to any other recipients of government benefits — and for no good reason.
The demeaning of the poor doesn’t end there. Recipients of funds from the Temporary Assistance to Needy Families program will have their daily withdrawals, using the provided ATM cards, limited to $25 a day, not only creating needless inconvenience, but effectively transferring money from the poorest citizens in the state to banks in the forms of additional fees.
Brownback rose to prominence as more of a social conservative than a fiscal conservative. So it’s not surprising that Kansas is placing irrational legal burdens on women as well. Kansas passed a bill banning dilation and evacuation abortions (under the junk science name “dismemberment abortions.”) The procedure is safe — so there is no health-related justification for banning it — and is the most common one used for second-trimester abortions, which women have a constitutional right to obtain.
Even worse, the ban does not contain exceptions for rape, incest, or most threats to a woman’s health. The law puts women’s health at risk by interfering with the judgment of doctors in order to punish women for exercising their constitutional rights in a way Kansas legislators disapprove of.
Brownback’s attacks on basic justice and equality don’t end there. In 2007, Sebelius issued an order banning discrimination against LGBT state employees. Earlier this year, Brownback rescinded the order, creating a new standard under which state employees could be fired simply because of their sexual orientation. Brownback defended the order using the traditionally disingenuous “special rights” language so often employed by those who favor legal protection for bigotry: “This Executive Order ensures that state employees enjoy the same civil rights as all Kansans without creating additional ‘protected classes’ as the previous order did.”
This argument would make sense — if you think that gay and straight people are equally likely to be discriminated against because of their sexual orientation. In the actually existing world, Brownback’s measure does not guarantee civil rights to all Kansans, opening the door for discrimination against gays and lesbians based on their sexual orientation.
Under Brownback, Kansas has offered a concentrated form of what most national Republicans claim to want. Tax cuts for the wealthy, tax increases and reduced benefits for the poor, arbitrary interference with the reproductive freedom of women, and increased discrimination against gays and lesbians. Voters next November should ask themselves whether they want this ghastly agenda to be repeated on a national scale.
Editor’s note: A previous version of this article mistakenly asserted that Kansas recently banned dilation and extraction abortions, but these were already illegal.
By: Scott Lemieux, The Week, April 24, 2015
“The Bane Of Political Life In America”: For Conservatives, Government Coercion Is Bad — Except When It’s Not
For conservatives, government coercion is the bane of political life in America. As members of the self-styled anti-government party, they very much are interested in making the case that coercion is inherently illegitimate, whether it is a law requiring you to purchase health care or a law requiring businesses to serve LGBT customers. The problem with this logic is that all laws are coercive — even the ones conservatives like.
Last week, I wrote about the intrinsic coerciveness of all laws in the context of protecting LGBT people from discrimination, which prompted a hilarious yet telling reaction from Sean Davis at The Federalist.
Davis, possibly because he quite obviously did not even read past the first couple paragraphs of my post, is not just wrong, but has missed the entire axis of debate. However, he does inadvertently provide a great example of just why conservatives are ill-advised to admit that all laws are coercive. Because if this is true, then conservatives will have to give up one of their favorite rhetorical tropes — being against coercion in the name of individual liberty — or resort to outright hypocrisy.
The argument was not about LGBT laws in themselves, something Davis failed to grasp. Instead it was about the justification of such laws. My position is that being against government coercion is not legitimate grounds on which to oppose any policy. This applies to liberals, too, though as members of the pro-government faction they generally don’t worry about it much.
But conservatives do. Most of what is referred to as “government” in popular media is liberal stuff like Social Security, Medicare, or food stamps. Labeling those programs as coercion gives conservatives a convenient pro-liberty sheen when they’re talking about slashing poor people’s incomes.
That changes when you bring up things like property. Though ordinary people rarely talk about it in this way, property is underpinned by exactly the same kind of coercion that bolsters civil rights or tax laws, as is the entire superstructure of what we refer to as the free market system — that is, by government coercion.
Therefore, conservatives can’t be principled anti-coercion advocates unless they are willing to throw out private property, which they obviously aren’t. Coercion can’t be bad when it supports things you don’t like and good when it supports things you do — no matter what some conservatives maintain.
Let me emphasize that this line of reasoning doesn’t mean you can’t oppose some civil rights law, just that you can’t oppose it on the grounds of being against coercion in general.
Of course, framing the discussion in this way powerfully strengthens left-wing arguments. If being anti-coercion is utter nonsense, then the debate moves to which kinds of coercion are best as judged by some other moral framework. Whether that’s utilitarianism, contract theory, or Christian ethics, under such conditions it’s a lot harder to oppose transferring income from rich to poor or social insurance programs.
Thus, when presented with left-wing slogans like “property is violence,” your average conservative, perceiving a trap, will resist. In reality there is no escape.
But what makes Davis such a great example is he genuinely doesn’t seem to understand what the problem is here. He argues in one breath that, duh, of course all laws protecting property depend on coercive violence. Then in the very next paragraph, he writes this:
At their core, however, Kohn and Cooper appear to desperately want to avoid the real question at the heart of the religious freedom debate: should the government force individuals to participate in religious ceremonies against their will? [The Federalist]
Government coercion is good, except when it’s not. That’s the kind of stark hypocrisy conservatives would do well to disguise better.
By: Ryan Cooper, The Week, April 14, 2015
“Let’s Not Worry About Civil Rights In This Country”: Tom Cotton; Opponents Of Anti-Gay Law Need ‘Perspective’
I’m starting to long for the good old days, just weeks ago, when nobody had to think about Senator Tom Cotton, Republican of Arkansas.
Mr. Cotton, you will remember, was the primary author of the constitutionally outrageous and substantively mindless letter from Republican senators telling the leaders of Iran that they shouldn’t negotiate on nuclear weapons with President Obama. Now, he is adding his voice to those who are telling gay Americans that they shouldn’t get too pushy about their civil rights.
Mr. Cotton was asked by Wolf Blitzer on CNN yesterday about a law passed by legislators in his home state that is clearly intended to permit businesses and individuals to discriminate against people on the basis of their sexual orientation.
“In Arkansas,” he began, “we believe in religious freedom.” Mr. Blitzer, to his credit, pointed out that “everybody believes in religious freedom.”
Mr. Cotton countered with the irrelevant fact that President Clinton signed a federal law on which the current assault on gay rights is based. (The comically named Religious Freedom Restoration Act). That’s true. He also signed the Defense of Marriage Act, an outrageous infringement on the constitutional rights of gay, lesbian, bisexual, and transgender Americans. And he signed the bill that turned military policy against gays and lesbians serving openly in the armed forces into the moronic law known as “don’t ask, don’t tell.”
So Mr. Clinton was lousy on this civil rights issue. What’s Mr. Cotton’s point?
“It’s important that we have a sense of perspective about our priorities,” he said. “In Iran they hang you for the crime of being gay.”
So, let’s not worry about civil rights in this country, which Mr. Cotton and other lawmakers can actually protect, but rather in Iran. Why Iran?
I’m so glad you asked — because Mr. Cotton wanted to turn the conversation to his current propaganda campaign about Iran. “We should focus on the most important priorities facing our country, right now,” he said, adding that the prospect of a “nuclear-armed Iran” is one such priority.
So why is Mr. Cotton trying so hard to scuttle the talks in Switzerland that could actually lead to limits on Iran’s nuclear programs?
By: Andrew Rosenthal, Taking Note, The Editorial Page, Editor’s Blog, The New York Times, April 2, 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
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