Quotulatiousness

November 2, 2013

ENDA as political theatre

Filed under: Business, Law, Politics, USA — Tags: , , , , , — Nicholas @ 09:41

Walter Olson explains why the proposed federal Employment Non-Discrimination Act (ENDA), even if passed, would not do much to help the people it’s supposedly designed to protect:

The U.S. Senate is expected to vote Monday on the Employment Non-Discrimination Act (ENDA), a bill to “prohibit employment discrimination on the basis of sexual orientation or gender identity” that’s been proposed in one form or another for nearly 40 years. It will be a symbolic vote at many different levels. First, the bill stands little chance of passage in the GOP-controlled House; the point of giving it prolonged attention now is more to inflict political damage on Republicans for resisting a popular measure than to get a bill on President Obama’s desk. Second, it seeks to ratify (and take political credit for) a social change that has already occurred through nearly all the country, including even very conservative locales. Most larger employers are now on record with policies against discriminating against gay employees, and even smaller employers without formal policies mostly hew to the same path in practice, for many good reasons that include not wanting to lose the talents of employees from any demographic.

ENDA is a less salient bill than it looks in a second way as well; statistics from the many states and municipalities that have passed similar bills (“mini-ENDAs”) indicate that they do not serve in practice as a basis for litigation as often as one might expect. This may arise from the simple circumstance that most employees with other options prefer to move on rather than sue when an employment relationship turns unsatisfactory, all the more so if suing might require rehashing details of their personal life in a grueling, protracted, and public process. The forbidden group categories that tend more to drive HR managers crazy are things like age, disability, and criminal record consideration, where the law regularly tries to forbid behavior that in fact is perfectly rational for employers to engage in.

On a level of sheer entertainment, the bill has certainly furnished more than one way for some conservatives and Republicans to make themselves appear ridiculous. Some GOP supporters in Congress, for example, seem to be tempted by ENDA as an “easy,” crowd-pleasing vote to show they’re not always on the anti-gay side. But consider the implication: lawmakers who take this path come across as willing to sacrifice the freedom of private actors — as libertarians recognize, every expansion of laws against private discrimination shrinks the freedom of association of the governed — even as they go to the mat to preserve disparate treatment by the government itself in the recognition of family relationships. Sorry, but that’s upside-down. A classical liberal stance can reasonably ask the government itself to behave neutrally among different citizens with their differing values and aspirations, but should not attempt to enforce neutrality on private citizens themselves.

August 24, 2013

Bradley Manning or Chelsea Manning

Filed under: Humour, Liberty, USA — Tags: , , , — Nicholas @ 09:34

In this week’s Goldberg File, Jonah Goldberg talks about Bradley Manning’s stated desire to transition to be Chelsea Manning:

What is the best time to announce that you want to be treated like a woman? Not wanting to be a woman myself, I can only speculate. But a few possibilities come to mind. First of all, if you are, in fact, a woman. Then there might be a whole panoply of times and situations when making such a request makes sense. Like when a bunch of steak-head dudes try to include you in their fart humor. Or when they challenge you to a chicken-wing-eating contest.

So I’m talking to you dudes right now. When would it make the most sense for a guy to ask to be treated like a woman? When you’re redeeming your coupon at a day spa, maybe? Certainly, if you’re the cowardly sort, when hostage-takers on your flight announce they will release the women and children. Maybe when you’re the only “man” in your Fifty Shades of Grey book club? Or perhaps when the testosterone in the air at BronyCon stings your nostrils. Again these are only guesses. And I’m just going out on a limb here — but my gut feeling is that one circumstance you can cross off your list, one moment when you don’t want to announce you want to be treated like a dame, is when you’re about to spend 35 years in a men’s prison.

Don’t get me wrong. Some dudes can pull it off. For example, this guy (Click it! It’s funny!). But Bradley Manning just doesn’t seem like the kind of fellah that could discriminate successfully among potential suitors and sundry other gentleman callers.

Let me be clear up front, if Bradley Manning wasn’t a treasonous buffoon who materially damaged the United States of America, I’d take it a little easier on him. In fact, I’m a little squishier on this stuff than Kevin Williamson is — and he’s a libertarian.

[…]

That said, I do think that such beliefs can be very, very strongly held. I also think that as we learn more about how humans develop in utero, gender-identity confusion can have a very hard-wired component. A man thinking he’s a woman — or thinking he was supposed to be born as a woman (or vice versa) — isn’t the same thing as dabbling in Marxism in college or thinking that Van Halen was better with Sammy Hagar. It is not purely a conscious choice or matter of taste. As such it deserves some sympathy, respect, and even a little social space.

But you know who else deserves space, sympathy, and respect? The majority of Americans who don’t think the factory installed their parts wrong. For instance, the push to make unisex bathrooms or let gender-confused girls use boy’s rooms and vice versa is quite simply madness.

The vast majority of Americans — straight, gay, black, white, young, old, Christian, Muslim, Jew, Jedi, and atheist — believe that the humans with the dangly bits should use the boys’ bathroom. And yet out in California, the DOJ just settled a suit saying that this very old arrangement must now be revised to accommodate a minority of one person.

Of course I believe in individual rights and liberties. I’ve always believed democracy without guaranteed individual rights is just a clever way to organize a mob (as I like to say, in a pure democracy, 51 percent of the people get to pee in the cornflakes of 49 percent of the people). But we’re talking about a civilization here, and in a civilization you don’t hold the entire culture hostage to the ever-changing whims and desires of a handful of people.

August 23, 2013

Putin’s newfound fans in the American conservative movement

Filed under: Politics, Russia, USA — Tags: , , — Nicholas @ 09:22

In Reason, Cathy Young looks at the unlikely fandom for Russian President Vladimir Putin among American social conservatives:

Russian President Vladimir Putin, the career KGB officer who has presided over the rollback of his country’s post-Communist freedoms and revived Cold War-style anti-Americanism, is an unlikely hero for American conservatives. Yet the Kremlin strongman has lately found some fans on the right who see him as a defender of Christian values — most recently, in the imbroglio over Russia’s new legal ban on gay “propaganda.” It is a sad misjudgment that does a disservice to the causes of conservatism, freedom, and religion alike.

Spokesmen for several right-wing groups including the American Family Association have praised the Russian law, which prohibits any pro-gay speech or expression that could be accessible to minors. Veteran columnist Pat Buchanan has joined the Putin cheerleading squad. And, shockingly, the usually thoughtful author Rod Dreher, who blogs for The American Conservative, has added his own “1.5 Cheers for Putin.”

While condemning anti-gay violence and authoritarianism in Russia, Dreher praises Putin’s willingness to speak up for Christianity and laments that “post-Soviet Russia, for all its grievous flaws, is . . . more conscious of its Christian history and character than the United States.”

This is a truly grievous misunderstanding of the reality of religion and politics in 21st Century Russia. Russia today is outwardly far more religious than most of Western Europe, but it’s a religion of state more than church: Orthodox Christianity has taken Communism’s place as the new official ideology, with church membership an official badge of patriotism and loyalty.

August 10, 2013

CBC notices social conservative group is critical of the government

Filed under: Africa, Cancon, Government — Tags: , , , , , , — Nicholas @ 09:05

This is probably the most attention the CBC has paid to REAL Women of Canada since … well, ever:

REAL Women of Canada, a privately funded socially conservative group, says Foreign Affairs Minister John Baird is imposing his own views on Uganda, Kenya and Russia when he criticizes those countries for passing legislation targeting homosexuals.

The group, which describes itself as a “pro-family conservative women’s movement,” issued a press release Wednesday decrying what it called Baird’s “abuse of office” and his awarding of a $200,000 grant to “special interest groups” in Uganda and Kenya “to further his own perspective on homosexuality.”

REAL Women also lambasted Baird for admitting he worked extensively behind the scenes to persuade Russia not to pass laws restricting foreign adoption of Russian children by gay couples and cracking down on gay rights activism to control the spread of “homosexual propaganda.”

Finally, the press release states, “Mr. Baird’s actions are destructive to the conservative base in Canada and causing collateral damage to his party.”

It’s not often that the CBC can find this kind of anti-Harper criticism coming from a group they would identify as being “core” Harper supporters, so it’s not surprising they give it the full treatment it really doesn’t deserve.

H/T to Brendan McKenna for the link.

July 20, 2013

UK government inches closer to giving posthumous pardon to Alan Turing

Filed under: Britain, History, Law, WW2 — Tags: , , — Nicholas @ 09:50

In the Guardian, Nicholas Watt updates the news on a private member’s bill that would give Alan Turing a pardon:

Alan Turing, the Enigma codebreaker who took his own life after being convicted of gross indecency under anti-homosexuality legislation, is to be given a posthumous pardon.

The government signalled on Friday that it is prepared to support a backbench bill that would pardon Turing, who died from cyanide poisoning at the age of 41 in 1954 after he was subjected to “chemical castration”.

Lord Ahmad of Wimbledon, a government whip, told peers that the government would table the third reading of the Alan Turing (statutory pardon) bill at the end of October if no amendments are made. “If nobody tables an amendment to this bill, its supporters can be assured that it will have speedy passage to the House of Commons,” Ahmad said.

The announcement marks a change of heart by the government, which declined last year to grant pardons to the 49,000 gay men, now dead, who were convicted under the 1885 Criminal Law Amendment Act. They include Oscar Wilde.

Update: On the other hand, Matt Ridley thinks that there’s a major problem with this approach.

That Turing deserved an apology in his lifetime for this appalling treatment is not in doubt. What will be debated tomorrow is whether a posthumous pardon from today’s Government is right, or may be a further insult to his memory. After all, the word pardon implies that his crime is still a crime, which it is not, and it will do nothing for the victim (especially since he was an atheist), and do nothing to untarnish his reputation, which history has already fully untarnished. Also it could be unfair to other, less famous convicted gay men and may even seem to rewrite history rather than leaving it starkly to reproach us. By rights, Turing should be pardoning the Government, but that’s not possible.

So it is not easy to judge if a pardon is the right thing. For my part, I think a greater matter is at issue — whether we have done enough to recognise Turing’s scientific reputation and how we put that right. It becomes clearer by the day that, irrespective of his tragic end and even of his secret war service, he ranks for the momentous nature of his achievements with the likes of Francis Crick and Albert Einstein in the 20th-century scientific pantheon. This was not just a moderately good scientist made famous by persecution; this was the author of a really big idea.

[…]

When the war broke out, Turing’s genius proved as practical as it had been ethereal in the 1930s. His crucial contributions to three successive computing innovations at Bletchley Park — the “bombe” machines for replicating the settings of the German Enigma encryption machine, the later cracking of the naval Enigma machine enabling U-boat traffic to be read, and finally the Colossus computer that broke the Germans’ “tunny” cipher machine — provided Churchill with the famous “ultra” decrypts that almost certainly shortened the war and saved millions of lives in battlefields, ships and camps.

For this he was appointed OBE, but secrecy shrouded his work until long after his death, so he wasn’t known to be a hero, let alone the man who saved so many lives. He moved to what would become GCHQ, but in the paranoid days after Burgess and Maclean fled east, his homosexuality conviction categorised him as a security risk.

July 16, 2013

The authoritarian wing of the same-sex marriage campaign

Filed under: Law, Liberty, Religion, USA — Tags: , , , , — Nicholas @ 10:28

A. Barton Hinkle wonders if gay couples can live and let live:

It was a great day when the Supreme Court struck down the federal Defense of Marriage Act and threw out a California case that could have undermined gay marriage in the Golden State. On that day, gay and lesbian citizens won something profoundly important: acknowledgment of the right to live as they choose, without interference from others who think they know better.

Now the question is: Will gay and lesbian citizens acknowledge that everybody else has the same right? Some certainly will. But others are challenging the notion – and thereby undermining the case for their own hard-won victory.

David Mullins and Charlie Craig, for instance. The gay Colorado couple have filed a discrimination complaint against the owners of Masterpiece Cakeshop, who declined for religious reasons to make them a wedding cake. The Colorado attorney general’s office has taken their side. So, regrettably, has the ACLU.

And they have company: Similar complaints have been brought against bakeries in Oregon, Indianapolis, and Iowa; a Hawaiian bed-and-breakfast; a Vermont inn; a Washington florist; a Kentucky T-shirt company; and more. As gay marriage gains ground, cases such as these likely will flourish.

As they do, they will lend credence to the otherwise ludicrous assertion by social conservatives that there is a “homosexual agenda.” It will remain absurd to suggest gay people are trying to turn straight people gay. Changing other people’s sexual orientation has always been a conservative project, not a liberal one. But it will cease being absurd to suggest that requests for tolerance are actually demands for approval – and that those who claim to celebrate diversity actually insist upon ideological uniformity.

July 13, 2013

Same Sex Marriage in America: What Now?

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:20

The Supreme Court’s decisions on same sex marriage are just the beginning of a long process of determining what roles marriage will play in the legal environment of states and the country. Walter Olson and Ilya Shapiro detail some of the implications of the rulings.

June 26, 2013

Buh-bye, DOMA

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 12:59

I was away from my computer for about an hour this morning and when I came back online, my Twitter feed had exploded with news and opinion links about the US Supreme Court striking down the Defence of Marriage Act. While I’m delighted with the result (check my posts tagged Same Sex Marriage if you’re curious), it’s interesting to watch the reactions on all sides of the issue.

June 24, 2013

Finally, a semi-rational explanation for the slow adoption of deodorant in Britain

Filed under: Britain, Health, History, Media — Tags: , , — Nicholas @ 11:57

Richard Smith talks about the British Medical Association’s “official” stance on heterosexual and homosexual “indulgences” from the 1950s on, and also explains why British use of deodorant always lagged the rest of the western world:

I was once responsible for Family Doctor Publications, which were a series of booklets owned by the BMA, had titles like You and Your Bowels, and sold in huge numbers in the 1950s because they were almost the only information on health available to the public. I was much amused that in the 50s the BMA agreed that the booklets could include advertising for cigarettes and alcohol, but under no circumstances could they advertise contraceptives. And at about the same time thousands of copies of one booklet had to be pulped because it seemed to accept the possibility of sex before marriage. Now I’ve learnt more about the prudishness and “severe, restrictive morality” of the BMA.

[. . .]

The BMA was also happy to ignore science and evidence when it launched into explanations of what at the time was perceived as “an epidemic of homosexuality.” “Many men see in homosexual practices as a way of satisfying their sexual desires without running the risks of sequelae of heterosexual intercourse. They believe, for example, that there is no danger of contracting venereal disease in homosexual activity. Other men adopt homosexual practices as a substitute for extramarital heterosexual intercourse because there is no fear of causing pregnancy or emotional complications as in the life of a woman.” The idea that “women” equals “emotional complications” was a very 50s idea.

It was unsurprising, thought the BMA, that the public would be hostile to homosexuals because of the propensity of its practitioners in “positions of authority to give preferential treatment to homosexuals or to require homosexual subjection as an expedient for promotion. The existence of practising homosexuals in the Church, Parliament, Civil Service, Armed Forces, Press, radio, stage and other institutions constitutes a special problem.” Medicine is conspicuously absent from that list. God (heterosexual, of course, even though capable of insemination without intercourse) forbid that the BMA would have homosexuals in its membership.

The BMA found sexual acts between men “repulsive” and that “homosexuals congregating blatantly in public houses, streets, and restaurants are an outrage to public decency. Effeminate men wearing make-up and using scent are objectionable to everybody.” Born in 1952 I was infused with this kind of thinking and didn’t use a deodorant until I was 45 for fear of what people might think. My father, born in 1922, didn’t like me to buy half a pint rather than a pint of beer in case I be thought homosexual.

Having made its position clear, the BMA concluded that “if degenerate sodomists” persist then “it would be in the public interest to deal with them in the same way as mentally deranged offenders.” In other words, commit them to state lunatic asylums.

June 2, 2013

QotD: Reign of the Gay Magical Elves

Filed under: Media, Quotations — Tags: , , , — Nicholas @ 00:01

Was I the only gay man of a certain demo who experienced a flicker of annoyance in the way the media treated Jason Collins as some kind of baby panda who needed to be honored and praised and consoled and — yes — infantilized by his coming out on the cover of Sports Illustrated? Within the tyrannical homophobia of the sports world, that any man would come out as gay (let alone a black man) is not only an LGBT triumph but also a triumph for pranksters everywhere who thrilled to the idea that what should be considered just another neutral fact that is nobody’s business was instead a shock heard around the world, one that added another jolt of transparency to an increasingly transparent planet. It was an undeniable moment and also extremely cool. Jason Collins is the future. But the subsequent fawning over Collins simply stating he is gay still seemed to me, as another gay man, like a new kind of victimization. (George Stephanopoulos interviewed him so tenderly, it was as if he was talking to a six-year-old boy.) In another five years hopefully this won’t matter, but for now we’re trapped in the times we live in. The reign of The Gay Man as Magical Elf, who whenever he comes out appears before us as some kind of saintly E.T. whose sole purpose is to be put in the position of reminding us only about Tolerance and Our Own Prejudices and To Feel Good About Ourselves and to be a symbol instead of just being a gay dude, is — lamentably — still in media play.

The Gay Man as Magical Elf has been such a tricky part of gay self-patronization in the media that you would by now expect the chill members of the LGBT community to respond with cool indifference. The Sweet and Sexually Unthreatening and Super-Successful Gay is supposed to be destined to transform The Hets into noble gay-loving protectors — as long as the gay in question isn’t messy or sexual or difficult. The straight and gay sanctimoniousness that says everyone gay needs to be canonized when coming out still makes some of us who are already out feel like we’re on the sidelines. I’m all for coming out on one’s own terms, but heralding it as the most important news story of the week feels to me, as a gay man, well, kind of alienating. We are apart because of what we supposedly represent because of … our … boring … sexuality — oh man, do we have to go through this again? And it’s all about the upbeat press release, the kind of smiling mask assuring us everything is awesome. God help the gay man who comes out and doesn’t want to represent, who doesn’t want to teach, who doesn’t feel like part of the homogenized gay culture and rejects it. Where’s the gay dude who makes crude jokes about other gays in the media (as straight dudes do of each other constantly) or express their hopelessness in seeing Modern Family being rewarded for its depiction of gays, a show where a heterosexual plays the most simpering ka-ween on TV and Wins. Emmys. For. It? Why isn’t the gay dude I have always known and the gay dude I have always wanted to be not front and center in the media culture now? But being “real” and “human” (i.e. flawed) is not necessarily what The Gay Gatekeepers want straight culture to see.

Bret Easton Ellis, “In the Reign of the Gay Magical Elves”, Out Magazine, 2013-05-13

May 21, 2013

“… and Lord Tebbit as the Bursar”

Filed under: Britain, Law, Liberty — Tags: , — Nicholas @ 09:05

In case you didn’t catch it, this is a Discworld reference.

May 20, 2013

18-year-old charged with two felonies due to relationship with 15-year-old

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:08

An 18-year-old Floridian is facing two felony charges of “lewd and lascivious battery on a child 12 to 16” due to a relationship with a 15-year-old girl:

“These people never came to us as parents, never tried to speak to us… and tell us they had a problem with the girls dating,” Kaitlyn Hunt’s mother, Kelley Hunt-Smith, wrote in an statement posted to Facebook. “…They were out to destroy my daughter. [They] feel like my daughter ‘made’ their daughter gay.”

According to Hunt-Smith, police arrived at the family’s home Feb. 16 and put her daughter in handcuffs. Local news website TCPalm.com listed Kaitlyn Hunt’s arrest for “lewd and lascivious battery” on Feb. 18, and the girl’s mug shot is still easily accessible on the Internet.

But the trouble didn’t stop there. The other girl’s parents repeatedly tried to have Kaitlyn, a senior, expelled from school. Despite the Sebastian River High School administration’s denial of their request, and a judge’s order allowing Kaitlyn to remain in school (so long as the girls had no contact), the 15-year-old’s parents successfully petitioned the school board to have Hunt removed from school weeks prior to graduation.

On the one hand, it’s outrageous that Hunt has been charged, but it’s oddly re-assuring that even though it’s a lesbian relationship, it’s being dealt with exactly the same way that a comparable heterosexual relationship would be: treated as a sex crime. And yes, in either case it’s absurd that teenagers are being classed as sexual predators for relationships that would have been considered quite ordinary a decade ago.

May 14, 2013

In other Minnesota news, same-sex marriage becomes legal today

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:57

Jacob Sullum notes that Minnesota becomes the twelfth state to legalize same-sex marriage today:

Today Minnesota, where voters last fall rejected a constitutional amendment banning gay marriage, becomes the 12th state to give homosexual unions the same legal status as heterosexual unions. The state legislature approved the bill yesterday, and Gov. Mark Dayton plans to sign it this evening. Minnesota is the third state to legalize gay marriage in the last 10 days, following Rhode Island on May 2 and Delaware on May 7. The nine other states are Maine, Maryland, New Hampshire, Vermont, and New York, where legal recognition of gay marriage was approved by the legislature or by voters, plus Connecticut, Iowa, and Massachusetts, where courts required the change.

May 9, 2013

Delingpole: Ferguson shouldn’t have apologized

Filed under: Economics, History, Media — Tags: , , , , — Nicholas @ 08:47

Although James Delingpole concedes that Ferguson pretty much had to apologize for his off-the-cuff remarks on Keynes, he still thinks it was the wrong thing to do:

I don’t think there’s much doubt about Keynes’s latent gayness: not without reason was he known as the ‘Queen of King’s’. And I’m not really sure that the fact that he later married and attempted (unsuccessfully) to have children proves anything very much. Unless, of course, you’re a modern, professional-offence-taking gay activist, in which case it’s the final clincher in your compelling argument that Ferguson is totally evil and really should lose his Lawrence A. Tisch professorship at Harvard right this second for — as one angry commentator put it — taking ‘gay-bashing to new heights’.

New heights? Really? As Jonah Goldberg has noted, it’s not like there’s anything particularly new or controversial in Ferguson’s theory, tossed off lightly in response to a question at an economics conference. ‘He was childless and his philosophy of life was essentially a short-run philosophy,’ wrote Schumpeter in his obituary of Keynes.

[. . .]

Which is why, of course, Niall Ferguson was forced to issue an apology. Not, I suspect — or rather, I hope — because he thought he’d done anything wrong, but because all too easily it could have become the chink in the armour into which his many enemies were able to insert their fatal stilettos. (I know whereof I speak here, you may recall.)

Here’s how it works: lots of liberal-lefties utterly loathe Ferguson for having committed the unforgivable crime of being an articulate and prominent exponent of right-wing views. Unfortunately, we don’t (yet) live in an era where voicing right-wing views is an indictable offence; so the way to get at such dangerously outspoken defenders of free markets, liberty and small government is through the back door, a bit like Al Capone eventually being done for tax evasion. Racism would have been the ideal charge (except Ferguson’s marriage to Ayaan Hirsi Ali scuppered that option); as too would perceived sexism (which did for Harvard president Larry Summers, remember); but the homophobia charge — had not Ferguson nipped it in the bud — would have surely worked its poison just as well in the end.

I perfectly understand why Ferguson apologised but I wish he hadn’t and I’m sure in his heart he knows he shouldn’t have done. As an economic historian, he’ll be familiar with Danegeld: the more you concede to the enemy, the more they’ll demand next time round.

May 7, 2013

Escaped Colombian convict gets sex change to avoid recapture

Filed under: Americas, Law — Tags: , , , , — Nicholas @ 08:57

You have to admire the dedication of Colombian prison inmate Giovanni Rebolledo who apparently went through a partial sex-change in an attempt to stay off the police radar:

Colombian transgender criminal

After escaping from prison where he had been sentenced to serve 60 years, Giovanni Rebolledo reportedly decided to get breast implants to help him avoid capture.

Despite his rather impressive new rack, Police were able to identify and capture Rebolledo during a routine stop and search in the Viejo Prado district of the northern coastal city of Barranquilla.

Following his extreme make-over, the suspect reportedly was involved to some degree in prostitution in the area.

Depending on where the Colombian justice system decides Rebolledo has to serve the remaining years of the original sentence, “Rosalinda” may be a very popular inmate after this.

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