Posts tagged with: discrimination

Picture of Mississippi governor who signed HB 1523 into law. A federal judge recently struck down the law. Photo courtesy of U.S. Department of Agriculture

Picture of Mississippi governor Phil Bryant, who signed HB 1523 into law. A federal judge recently struck down the law. Photo courtesy of U.S. Department of Agriculture

Late last month, a federal judge declared Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523) unconstitutional. In response, legal scholar and libertarian Richard Epstein discussed issues of religious freedom and anti-discrimination initiatives on the latest episode of the Hoover Institution’s podcast, The Libertarian.

The Mississippi law was written to protect those with specific religious objections on issues of marriage, sexual acts outside of marriage, and gender. The law would give people with the specified views the state-protected right to act on these views in business dealings and in roles as administrators. Anti-discrimination LGBT groups argued that the law allows unconstitutional discrimination, and the judge agreed, striking down the law under the Equal Protection Clause. The judge also ruled that the law violated the Establishment Clause because it favored some religious beliefs over others. The case represents one of many recent clashes between freedom of conscience and anti-discrimination laws.

Epstein rejects the judge’s ruling as both legally misguided and finds error in the underlying understanding of tolerance.

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Conservatives and liberals both tend to believe that they alone are motivated by love while their opponents are motivated by hate. How can we solve problems with so much polarization?

In a recent TED talk, AEI president Arthur Brooks shares ideas for what we can each do as individuals to break the gridlock. “We might just be able to take the ghastly holy war of ideology that we’re suffering under and turn it into a competition of ideas,” says Brooks.

RefuseServiceSignIn today’s Acton Commentary, “The Logic of Economic Discrimination,” I take up a small slice of the larger controversy and discussion surrounding religious liberty laws like the one passed recently in Indiana. My point, drawing out some of the implications of observations made by others, including Ryan Anderson and Shikha Dalmia, is that anti-discrimination boycotts depend on discrimination. Or as Dalmia puts it, “what is deeply ironic is that corporate America was able to wield its right not to do business (and boycott Indiana) by circumscribing the same right of Indiana businesses.”

Now there are lots of other angles and significant points to explore surrounding this enormously complex and important debate. Many have criticized the hypocrisy of corporations like Apple for doing business in places like China and Saudi Arabia even while they grandstand against Indiana. Others are now pointing to the actions of many in Silicon Valley, which despite the proclamations of support for social justice, have actually created huge inequalities. Tech centers like Silicon Valley are great, it seems, unless you are a woman, have a family, or are a blue-collar worker.

Indiana politicians, under massive scrutiny, have since moved to “clarify” the RFRA law that was passed, a move that has mollified some but not others. From the beginning, these conversations about religious liberty and economic rights have, in my view, insufficiently included sensitivity to considerations like freedom of association. Hopefully the larger context and interactions of contracts and rights, not merely “religious liberty” narrowly defined, can help broaden and mature the conversation.
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??????????????????????????Amidst the hubbub surrounding Indiana’s Religious Freedom Restoration Act, the owners of Memories Pizza, a local family-owned restaurant, have been the first to bear the wrath of the latest conformity mob.

We knew they’d come, of course. “They” being fresh off the sport of strong-arming boutique bakeries and shuttering the shop doors of grandmother florists (all in the name of “social justice,” mind you).

The outrage is rather predictable these days, and not just on issues as hot and contentious as this. A company does something we don’t like and we respond not through peaceful discourse or by taking our services elsewhere, but through direct abuse and assault on the party in question (self-righteous tweets included). When Patton Oswalt points out these instincts in defense of an anti-semitic comic, the mob may temper its tone for a season. But alas, there are small businesses to bully, and this is about sexuality, an idol well worth the blood. (more…)

patricia-arquette-oscars-acceptance-speech-w724During last night’s Oscar ceremony, Best Supporting Actress winner Patricia Arquette used her acceptance speech to rail against unfair pay for women:

To every women who gave birth to every taxpayer and citizen of this nation, we have fought for everybody else’s equal rights. It’s our time … to have wage equality once and for all and equal rights for women in the United States of America.

The wage equality that Arquette is referring to is the gender wage gap—the difference between male and female earnings expressed as a percentage of male earnings. Because she frames the issue as a matter of equal rights, Arquette presumably believes that the problem is caused by intentional discrimination.

The gender wage gap certainly exists, but there is considerable debate about the size of the gap and whether it is caused primary by discrimination or by other factors, such as education and work hours. Much of the confusion is caused by the use of misleading statistics by politically motivated groups. For example, last night the Department of Labor (DOL) posted on their Twitter account:
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Last Friday at Religion Dispatches, Kara Loewentheil explored the recent story of a Denver bakery that is being “sued for refusing to bake a homophobic cake.” She calls into question the legitimacy of the request:

It’s a snappy inversion of the now-classic example of bakers who refuse to provide wedding cakes for gay marriage or commitment ceremonies (or florists who refuse to provide flowers, photographers who refuse to photograph the ceremony, etc.). And that’s probably not an accident; if I were a betting woman, I’d bet heavily that a pro-religious-exemption think tank or law firm, like the Becket Fund, had come up with this plan and recruited a plaintiff to set it in motion.

Joe Carter has recently noted this case here at the PowerBlog as well, writing,

Whether the request was serious or a stunt done to make a political point, I find the viewpoint expressed to be loathsome. Assuming the words were indeed “hateful” they should have no association with a symbolic representation of the Christian faith. I also believe Ms. Silva should not be forced to use her creative skills in a way that violates her conscience.

This case is interesting, as Loewentheil put it, as “a snappy inversion of bakers who refuse to provide wedding cakes for gay marriage or commitment ceremonies.” And to her credit, despite her suspicion that the cake is a lie, she goes on to consider the implications by sharpening the question with a further hypothetical situation:

But what if there was no speech involved, or even no image at all? Just a customer who comes in and says “I want to order a cake to be used at my Church prayer group, where we plan to pray that God will smite anyone in a same-sex marriage or who has had an abortion. We will bless the cake and serve it in celebration of this holy purpose.” That’s a reasonable analogy to the gay couple that requests a cake for their wedding ceremony, I think, for the purposes of separating out identity from action, although it’s an imperfect one given the social and spiritual and legal significant of a marriage. But still, it’s a worthwhile foil for thinking through the argument. So does the fact that I find the prayer service purpose hateful or objectionable, or in conflict with my own principles, change its legal implications?

She explores several possible answers, but comes down undecided in the end:

Another interesting thought experiment is to imagine that you have an anti-marriage equality baker who is willing to bake cakes for gay customers in general, even knowing they are gay, but is not willing to bake one for a gay marriage. If that is discrimination on the basis of sexual orientation, then how do we think about a baker who would be willing to bake a cake for religious Christians in general, but just not if it is to be used at an anti-abortion or anti-marriage equality prayer service?

I’m not sure what the answer is here. But one of the things I find really interesting about this example is the way it highlights the blurry boundaries between politics and religious values.

I have been hesitant to comment on these cases myself for precisely this reason. In fact, I think the boundaries are even blurrier. (more…)

Source: AP

Source: AP

Bakers, florists, and photographers who refuse to use their creative talents to serve same-sex weddings have been fined and have had their business threatened because they refuse to violate their conscience. Many Americans—including many Christians—even argued that private business owners should be forced to violate their conscience when such practices are considered discriminatory.

But how far are they willing to defend their views? Would they, for instance, punish a baker for refusing to make a cake with anti-gay statements? As the AP reports:

A baker in suburban Denver who refused to make a cake for a same-sex wedding is fighting a legal order requiring him to serve gay couples even though he argued that would violate his religious beliefs.

But now a separate case puts a twist in the debate over discrimination in public businesses, and it underscores the tensions that can arise when religious freedom intersects with a growing acceptance of gay couples.

Marjorie Silva, owner of Denver’s Azucar Bakery, is facing a complaint from a customer alleging she discriminated against his religious beliefs.

According to Silva, the man who visited last year wanted a Bible-shaped cake, which she agreed to make. Just as they were getting ready to complete the order, Silva said the man showed her a piece of paper with hateful words about gays that he wanted written on the cake. He also wanted the cake to have two men holding hands and an X on top of them, Silva said.

Let me start by making my own view on the subject clear: Whether the request was serious or a stunt done to make a political point, I find the viewpoint expressed to be loathsome. Assuming the words were indeed “hateful” they should have no association with a symbolic representation of the Christian faith. I also believe Ms. Silva should not be forced to use her creative skills in a way that violates her conscience.

However, the logic used to argue why only certain bakers should be forced to violate their conscience reveals a despicable double standard.
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