Tag: Indiana

RFRA: what’s the big deal?

Much has been made about the state of Indiana passing its version of the Religious Freedom Restoration Act, making it the 19th state to have such protection. According to this Washington Post blog post by Juliet Eilperin, Indiana already had an RFRA-style mandate from the courts, but took the additional step of codifying it into statute. Indiana Governor Mike Pence took to the Wall Street Journal to explain that:

As governor of Indiana, if I were presented a bill that legalized discrimination against any person or group, I would veto it. Indiana’s new law contains no reference to sexual orientation. It simply mirrors federal law that President Bill Clinton signed in 1993.

It’s worth pointing out that Illinois has a similar law, one passed with the support of some obscure state senator named Barack Obama.

But what I would like to know is why it’s been cast as a license to discriminate against gays and lesbians. This narrative is an extension of various cases where devoutly religious business owners have been sued by same-sex couples who wished to use their services but were refused on account of the business owner’s religious views. To me, common sense and courtesy would dictate that the couple simply take their business elsewhere, but in these cases the aggrieved parties tried to make examples of the business owners (and generally succeeded in wiping them out of business.)

Ask yourself: would the same result have occurred had a homosexual male refused to print something a devout Christian sought related to Romans 1:27, which in the KJV Bible reads, “And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.” It’s unlikely such a request would even be made, but somehow I think the results in this case would be in favor of the business owner.

We could also create a number of parallel examples which ignore sexual orientation, though. Eilperin quotes extensively University of Virginia law professor Douglas Laycock, who makes the case that:

“These state RFRAs were enacted in response to Supreme Court decisions that had nothing to do with gay rights or same-sex marriage,” explained University of Virginia law professor Douglas Laycock in an e-mail. “And the state court decisions interpreting their state constitutions arose in all sorts of contexts, mostly far removed from  gay rights or same-sex marriage. There were cases about Amish buggies, hunting moose for native Alaskan funeral rituals, an attempt to take a church building by eminent domain, landmark laws that prohibited churches from modifying their buildings – all sorts of diverse conflicts between religious practice and pervasive regulation.”

Seems to me this only developed a sexual orientation angle because there’s an agenda to “normalize” homosexual relationships, expressed best in the ongoing to equate same-sex “marriage” (which I consider a civil union) with the real thing, between a man and a woman. Of course, the state of Maryland recognizes these same-sex unions so in the eyes of the law of this state they are equal.

So I hear all these threats to boycott or punish the state of Indiana, and the threats seem to be working as some want to “clarify” the law. Does that mean that one group will be given special protection? I thought the idea was equality under the law, but we see what the real goal is.

One truth of modern life is that discrimination exists, generally on a small scale: I may discriminate against McDonalds in favor of Burger King because I don’t like the service I receive at the golden arches or think I don’t get value for the money. In its most basic terms I discriminate every day, making my choices based on a number of factors, so I suppose if the aforementioned McDonalds had a gay manager I might be in trouble.

But John McCormick of the Weekly Standard makes a good point:

Indiana’s RFRA does not grant a license to discriminate. First of all, the state of Indiana, like 28 other states, has never prohibited discrimination based on sexual orientation at public accommodations. Even without such laws in most states, discrimination doesn’t commonly occur because the United States is a nation that is tolerant of gay people and intolerant of bigots. Mean-spirited actions by a business owner anywhere in the country would almost certainly be met with a major backlash. (Emphasis mine.)

The fact is 99.9% of businesses don’t give a rat’s rear end about gay, straight, white, black, male, female as long as the money is legal tender and the checks don’t bounce. RFRA simply dictates the terms when the exceptions prove the rule.

Odds and ends number 72

Perhaps rainy days and Mondays always get you down, but this potpourri of snippets I’ve collected over the last couple weeks will hopefully brighten your day. As always, they’re items which merit anywhere from a paragraph to four to five.

First of all, you are probably aware that Indiana and Michigan are the two latest states to throw the yoke of forced unionism off their workers and adopt right-to-work laws, with Pennsylvania also strongly considering such a measure. Conversely, I’m not hearing about hitherto right-to-work states making much of an effort to close their shops, which should tell you something.

And while Maryland is not a state one would consider a candidate ripe for such a refreshing change, there is a bill out there to bring our state out of the unionized Dark Ages and join other states where workers are free to choose affiliation regardless of where they work.

Best of all, this news comes from one of my favorite counties to cover, Cecil County. HB318 is being heard tomorrow, and their Republican Party leadership under county Chair Chris Zeauskas has taken a bold stand on the issue. They’re calling out Delegate David Rudolph, the Vice-Chairman of the House Economic Matters Committee, as “bought and paid for by compulsory unionism – and that’s wrong.” Certainly the unions donate thousands and thousands of dollars to state politicians, most of which goes to Democrats.

But the question I have is more local. To what extent has Big Labor “bought and paid for” Delegates Rudy Cane and Norm “Five Dollar” Conway, or State Senator Jim Mathias – the king of across-the-Bay fundraisers? Surely a significant portion of their largess comes from the coffers of workers who may not necessarily prefer these policies be enacted. HB318 can help change that, but my guess is – if they get to vote on it at all (neither Cane nor Conway is on Economic Matters) – they’ll play along with the union line like good little minions.

Meanwhile, our tone-deaf governor doesn’t get it on wind farms, and I had to chuckle when I saw even the Washington Post admits Big Wind “(d)evelopers and industry analysts say those and other (subsidy) concessions will make the project reliant on further federal tax incentives or help from other states to make it profitable.” At a quarter per kilowatt hour, you better believe it needs a subsidy. Yet the Post believes it’s “likely to pass.” That depends on the level of sanity in the General Assembly; yes, a dubious precipice to cling to, but one nonetheless.

And here I thought wind was free – that’s what people tell me, anyway.

I also thought Maryland had a top-notch school system, but President Obama’s Department of Education begs to differ. This nugget came to me from Change Maryland, which continues to occupy that little place in Martin O’Malley’s mind reserved for those who have pwned him:

In the second year of the $5 billion Race to the Top initiative, the Obama Administration singled out Maryland, Washington D.C. and Georgia as coming up short on progress in fundamental areas.  According to the U.S. Department of Education, Maryland did not set clear expectations for the 2011-2012 school year in the development of a teacher and principal evaluation system which rendered the data meaningless and inconsistent.  Lack of coordination between the state and local school districts was cited as the primary reason for the data collection failure.

“I would like to see Gov. O’Malley reach out to President Obama while he has his attention… and seek assistance on properly implementing the Race to the Top initiative,” said (Change Maryland head Larry) Hogan. “Our students and their parents deserve a way to measure how effective their teachers are.”

I have one bone to pick with that approach, though. I would really rather not have a dependence on federal money or a federal role for education, which is more properly a state- and local-level concern. But there should be some consistency in evaluations so that underperforming teachers and principals don’t lead to underperforming schools – unfortunately, that seems to be more and more the case.

And here’s yet another example of state incompetence. On Thursday, State Senator E.J. Pipkin blasted a process which shut out hundreds of people from testifying against SB281, the gun bill:

We can’t turn away people who take the day off, drive for hours and wait even longer, to have their voices heard.  Turning away interested citizens in such a manner further fuels cynicism about our legislative process.  Next time, they might not come back.

Yesterday, a system that can accommodate 100, 200, or 300 people, broke down when numbers reached into the thousands.

Thousands couldn’t get into the Senate’s Miller building to sign in to testify. Those who signed in but left the building were unable to reenter.  At the end of the evening, some who stayed 10 to 12 hours, were brought through the committee room, allowed to say their name, home town, and whether they supported or opposed the legislation. (Emphasis mine.)

The reason I put part of the above statement in bold: that’s what they want. The majority – not just in the General Assembly, but in Congress  and 49 other state capitols as well – really would rather we just leave them alone to do what they do, enriching themselves and a chosen few cronies while leaving the rest of us to pay for it and suffer the consequences of their actions.

Now for something completely different. Several years ago, I copied a late, lamented blog whose owner is no longer with us in offering “Sunday evening reading.” Well, today is Monday but there are some items I wanted to include that I read and felt they would add to the well-informed conversation in some way.

My old friend Jane Van Ryan (who I thought “retired” but seems now as active as ever) sent along the link to this piece by Paul Driessen which discusses the concept of “sustainability.” She thought I would have something to say about it, and I do.

Driessen’s main point is that the concept of “sustainability” as preached by Radical Green doesn’t take into account future technology. It would be like watching “Back to the Future” knowing that it was filmed three decades ago but set in the modern day today – for example, who drives a DeLorean these days? Sometimes their predictions seem quite humorous, but we know technology has taken many turns they couldn’t predict when the movie was written and filmed.

While oil, gas, and coal are “old” technologies, who’s to say we can’t improve on them? As long as there is a supply which comes to us at reasonable cost, you can’t beat their reliability when compared to wind which may not blow (or gale too hard) and the sun which seems to be stubbornly parked behind a bank of clouds as I write this. Instead of dead-ends like the E15 technology which ruins engines (but is acceptable to Radical Green) why not work with what works?

But perhaps there is a sense of foreboding brought on by the Radical Green propaganda of a collapsing ecosystem. One way this manifests itself is by a lack of willingness to have children, which goes in well with the decaying culture of life in this country.

Last week in the Wall Street Journal, author Jonathan Last advanced his theory that our nation is heading down the same road as other moribund industrialized nations – not necessarily because of policy, but because of falling birthrates. According to Last, we as a nation have been below the replacement birthrate for most of the last forty years. Whether this is through abortion or other lifestyle choices isn’t important to him; instead, it’s become an ongoing problem of our population aging – as Jonathan puts it, “(l)ow-fertility societies don’t innovate because their incentives for consumption tilt increasingly toward health care.” Put another way, those energy advances I write about above may not appear because more demand will come for health-related technology advancements.

Instead, what has primarily increased our population over the last few decades is immigration, a large part of it illegal. Normally I’m right with the Competitive Enterprise Institute, but I have to disagree with their stance on E-Verify. I can understand their point regarding civil liberties, but no one says mandatory E-Verify has to be permanent. Instead, I would like to see it set up to be a five-year plan with one possible five-year renewal – this would give us ample time to secure the borders and address those who are already here illegally. (Ideally, they would return to their country of origin and reapply to come here legally.)

Understandably, that may be a pipe dream but I’d prefer not to reward lawbreakers in a nation built on the rule of law. We have enough of that already given the greed of the redistributionist state.

And so ends another edition of odds and ends, right around the length I like.

Good for Indiana (and North Carolina, too)

The TEA Party’s political obituary may have been written a little too soon, despite the presumed nomination of moderate Mitt Romney as the GOP Presidential standardbearer.

Senator Richard Lugar will be ‘Back Home Again in Indiana’ come January as he was defeated in their Republican primary. After 36 years in office, the 80-year-old Lugar became a poster child for establishment, RINO Republican insider and out-of-touch politician. State Treasurer Richard Mourdock, a TEA Party favorite, defeated the incumbent and will likely be elected come November. While Obama won the state in 2008, his campaign concedes Indiana will likely be a Republican win six months from now and Mourdock has twice won a statewide campaign.

Mourdock and other conservative Republicans have important races in the eyes of the TEA Party, with the hope being they would drag Mitt Romney to the right if he’s elected. (Of course, if Obama is re-elected the composition of Congress may not really matter.)

North Carolina voters also performed a valuable service, showing Maryland how it should be done and enacting a constitutional amendment banning same-sex marriage by a comfortable 16-point margin. This should hearten Maryland advocates of traditional marriage, who now claim to be past the halfway point in gathering the required number of signatures to place the state’s same-sex marriage legislation on the November ballot. Supporters of gay marriage remain 0-for at the ballot box, although many believe Maryland could break their slump. (Let’s hope not.)

I’ll grant that not all TEA Party supporters are interested in social issues, believing they detract from the necessary push for fiscal conservatism that is the backbone of the TEA Party movement. But I believe that social conservatism goes hand-in-hand with fiscal conservatism, and this is an easier sell with a society based on traditional values. I really don’t care who sleeps with who, but I believe bending the definition of marriage in that manner would only lead to other problems and even more odious partnerships, like adult-child relationships or polygamy.

We’re about six months away from perhaps the most pivotal election in our history, and a chance to perhaps steer the country back in the right direction after four years of runaway spending, consolidation of executive power, and corporate/government cronyism gone rampant. Needless to say, we would have to have several elections in a row fall in the correct manner to undo all the damage done over the last century but 2012 has to be the first step on the journey. Let’s see whether the trends continue in the right direction.