Category: Individual Liberty

ssmweddingcakeThe U.S. judiciary has made it increasingly clear that the rights of conscience either do not apply or are strictly limited for people who own businesses that serve the public. We have an obligation to keep fighting against this injustice against this judicial tyranny, but in the meantime, what are business owners to do? How, for example, should they respond when forced to violate their conscience by serving a same-sex wedding?

That question has been recently debated on Public Discourse, the excellent website of the Witherspoon Institute, by Russell K. Nieli and Jeffery J. Ventrella. Both men agree it would be morally permissible and even commendable for business owners to avoid violating the law by ceasing to serve all weddings, whether traditional or same-sex, or even by ceasing operations completely and finding another line of work. But they disagree on other options. Nieli suggests it would be morally permissible for such shopkeepers to comply with the law and provide services to same-sex couples if they also announced publicly. Ventrella disagrees, arguing that complying with an unjust law is always morally wrong and thus that any shopkeeper implementing Nieli’s suggestion would be engaged in an action that is inherently immoral.

Robert T. Miller joins the debate and asserts that a shopkeeper who objects to sex-same weddings but who nevertheless provides services at such weddings generally acts in a morally permissible way if he acts to comply with a validly-enacted law, to preserve the goodwill of his business, and to make a just profit.
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coverstory-1Last year Washington State’s Attorney General sued Arlene’s Flowers & Gifts on the basis of consumer protection. Florist Barronelle Stutzman had refused to sell flowers to a long time customer when the arrangements were to be used for a same-sex marriage ceremony.

Although Stutzman did not have any qualms about serving serving gay customers, she “didn’t want to be involved in a same-sex marriage.” “I just put my hands on his and told [the customer who made the request] because of my relationship with Jesus Christ I couldn’t do that, couldn’t do his wedding,” Stutzman said in a deposition.

A Benton County Superior Court judge ruled that the law trumped her rights of conscience. “Religious motivation does not excuse compliance with the law,” said Judge Alexander C. Ekstrom in his 60-page opinion.

Attorney General Bob Ferguson announced last Thursday that he would accept $2,000 in penalties, $1 in fees and costs, plus an agreement not to discriminate in the future and to end further litigation.
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PLI-wandererMy parents should have been jailed for child neglect.

At least that’s what would be their fate if I were growing up today. Fortunately for them (and for me), I was a child during the 1970s, a time when kids were (mostly) free to explore the world.

At age seven I was allowed to wander a mile in each direction from my home. By age nine I was exploring the underground sewers and drainage system of Wichita Falls, Texas. When I was a 12 I was given a .22 semi-automatic rifle and allowed to roam the woods all day. I had almost total freedom as long as I agreed to one condition: I had to take my younger brother along with me.

We didn’t have cellphones to serve as electronic leashes; we merely had the setting sun as a guide to when we had to be home. Until dusk, our parents rarely knew where on the planet we were.

As a Gen-Xer I’m probably part of the last generation who had childhoods in which we were free to roam. However, some parents—part of the “free range parenting” movement—are trying to preserve that fading legacy. For their attempts to instill confidence and self-reliance in their children they are increasingly being treated as horrible parents. For example, a a 10-year old-boy and his 6-year-old sister were recently walking home from a park in an affluent Maryland suburb. The police stopped them and are now investigating their parents for child neglect

The children’s mother, Danielle Meitiv, pointed out the absurdity of framing the issue as a matter of “safety”:
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pic_giant_020915_SM_Paul-Preaching-Raphael“Christianity undergirded the development of Western liberalism (in the old, good sense of the word),” says Rich Lowry. In fact, without Christianity there would probably not be anything like what we conceive as true liberty:

The indispensable role of Christianity in the creation of individual rights and ultimately of secularism itself is the subject of the revelatory new intellectual history Inventing the Individual by Larry Siedentop. Here’s hoping that President Obama gives it a quick skim before he next takes the podium at a prayer breakfast.

Siedentop begins his story with the ancients. The Greeks and Romans of pre-history weren’t secular; the family was, as Siedentop calls it, a religious cult run by the paterfamilias and suffused with ritual and assumptions of social inequality. We are all pro-family, but we can agree that ancestor worship takes it a little far.

At this time, Siedentop points out, the key distinction wasn’t between the public and private spheres, but between the public and domestic spheres, the latter characterized by the family with its rigidly defined hierarchical roles. There was no space for the individual with his or her own rights.

Read more . . .

billofrightsWhen the Founding Fathers were drafting the U.S. Constitution, they didn’t initially consider adding a Bill of Rights to protect citizens because it was deemed unnecessary. It was only after the Constitution’s supporters realized such a bill was essential to getting approved by the states that they proposed enumerating such rights in twelve amendments. (Ten amendments were ratified; two others, dealing with the number of representatives and with the compensation of senators and representatives, were not.)

The Bill of Rights was included in 1791 to limit the power of the Federal government and secure individual liberty. But in 2015 those rights are being eroded as more power is handed over to the government by the courts. As David Corbin and Matt Parks claim, the structural limitations of the Constitution have all disappeared, swallowed up by ideas like “commerce,” “general welfare,” and “necessary and proper.”
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The 2015 Acton Lecture Series continued on January 29th with a presentation by American Enterprise Institute President Arthur C. Brooks, who delivered a great talk on what really leads to happiness in life. In an era when Americans are finding less and less satisfaction with their nation while enjoying great abundance compared to much of the rest of the world and overall human history, what can we do to regain our confidence in the American enterprise system that has lifted much of the world out of poverty? Brooks explains, and you can hear his explanation via the video player below.

When is a ban not a ban? One answer might be when it is based on moral suasion rather than legal coercion. (I would also accept: When it’s a Target.)

In this piece over at the Federalist, Georgi Boorman takes up the prudence of a petition to get Target to remove smutty material and paraphernalia related to Fifty Shades from its shelves.

Boorman rightly points to the limitations of this kind of cultural posturing. Perhaps this petition illustrates more of a domination mentality than authentic cultural engagement, and Boorman’s right to offer many more hopeful options for engaging the kinds of cultural corruption that this case provides evidence of. I also tend to favor the more direct, personal, and relational methods of engagement to petitions, charters, public statements, and open letters, and there’s a lot of wisdom offered in Boorman’s piece.

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