Posts Tagged discrimination

James Madison on Proposition 8: Factions, Federalism, and Gay Marriage

No. But you certainly can.

By now, I assume that most of you have heard the news regarding Proposition 8, which was overturned this week by a California judge.

From The New York Times:

Saying that [Proposition 8] discriminates against gay men and women, a federal judge in San Francisco struck down California’s voter-approved ban on same-sex marriage on Wednesday, handing supporters of such unions at least a temporary victory in a legal battle that seems all but certain to be settled by the Supreme Court.

As usual, the media has been buzzing, but it seems that the majority of the arguments (from both sides) have to do with the morality of gay (or straight) marriage, and whether we as a society should “accept” it.

These are necessary arguments to have, but the fundamental issue at the moment has to do with whether this decision holds up on Constitutional grounds. I would argue that it does not.

The decision centers around the last part of the Equal Protection Clause in the Fourteenth Amendment, which says the following:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Obviously we can’t just interpret the Equal Protection Clause all by itself (it has years of jurisprudence coloring its words and meaning), but rather than dive into a nuanced, methodical discussion of how we should interpret the clause, I will simply say that I don’t believe the clause has anything to do with homosexual marriage, or heterosexual marriage for that matter.

In this particular instance, perhaps one good way to understand what it should apply to is to detach ourselves from thinking of “marriage” as Read the rest of this entry »

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The Sin Police: Can the State Redeem You?

If you haven’t heard yet, Republican candidate Rand Paul made some controversial remarks about the Civil Rights Act of 1964. Paul’s basic argument was that we should prohibit racial discrimination by the government, but we should not intrude on the right of private businesses to practice bigotry.

The media firestorm over Paul’s comments seems to have subsided (for now), but the massive reaction affirms how many people believe it is the role of the State to be the sin police.

Pastor and theologian Douglas Wilson was recently asked to comment on the controversy, and his response brings up many issues worth thinking about.

Watch the video of his response here:

Wilson begins by saying the reaction and hype was spawned by a root problem in our society:

The problem that plagues us in our political discourse is that we don’t understand the difference between sins and crimes.

What Wilson means is that we always rush to pass laws to prohibit things we don’t approve of.  For Wilson, this common perspective comes from a misplaced worship Read the rest of this entry »

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Census 2010: Am I Breaking the Law?

Last week I filled out the form for the 2010 Census, and like many others, I participated in an organized protest regarding the questions about my race and ethnicity. This action was spurred by this post by Mark Krikorian on The Corner.

For those unfamiliar with the protest, Krikorian summed it up as follows:

Fully one-quarter of the space on this year’s form is taken up with questions of race and ethnicity, which are clearly illegitimate and none of the government’s business…So until we succeed in building the needed wall of separation between race and state, I have a proposal. Question 9 on the census form asks “What is Person 1′s race)”…we should answer Question 9 by checking the last option — “Some other race” — and writing in “American.” It’s a truthful answer but at the same time is a way for ordinary citizens to express their rejection of unconstitutional racial classification schemes.

The fact that we would even be asked such a question is a sign that institutionalized racism exists in today’s society, and since the U.S. government is certainly the most aggressive promoter of such racism, Krikorian’s appeal seemed to me like a worthwhile endeavor. Therefore, I filled out Question 9 on my census form as depicted in the following image:

For the 2010 Census, I answered "American" for Question 9.

However, as I learned prior to taking this action, such a “protest” may not be entirely legal. In this post on the Foundry, Hans von Spakovsky warned protest participants about Read the rest of this entry »

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Gendercide: When Modern Technology Partners with Ancient Barbarity

If you haven’t seen it yet, I encourage you to read this article from The Economist about abortion and gender discrimination.

As the article states, approximately 100 million girls have disappeared across the world due to abortion. In China and India the ratio of boys to girls is currently 6 to 5.

But why are societies killing off girls? The Economist answers as follows:

The destruction of baby girls is a product of three forces: the ancient preference for sons; a modern desire for smaller families; and ultrasound scanning and other technologies that identify the sex of a fetus.

Here we have both tradition and “progress” contributing to discrimination and infanticide. Abortion has been around since we can remember, but what disturbs me most about these recent trends is the extent to which such acts are premeditated. Ultrasound technology has contributed to so much life among those who have used it for the right purposes, yet it has also been twisted and perverted to feed the goals of ancient bigotry and barbarity.

All tools can be used for evil, and ultrasound technology is no different. Therefore, just like other tools (e.g. money), modern medical technology cannot be blamed as the root cause.

When it comes to discovering the causes behind such trends, one thing that stands out is that Read the rest of this entry »

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