Tuesday, September 22, 2009

The Supreme Court on Corporations: Citizens United vs. the FEC

The current case of Citizens United vs. the FEC, the Supreme Court is confronting one of the most foundational constitutional issues since Brown vs. Board. Despite all of the angles taken by the plaintiffs and justices about fair elections, the role of money in politics, and the purient interests of government to make rules in regards to free speech; the one that matters most is the most taken for granted: does the bill of rights apply to corporations sui generis? My answer, as I will elaborate below, must be no; but I will consider the implications if the court decides it does.

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Monday, September 21, 2009

Can We Sue for Being Offended?

A quick one for today. A Christian hotel-owning couple is being sued for offending a Muslim patron. Now, the actual elements of the conversation are not reportable due to the court proceedings, so I don't know exactly what happened. What appears to have happened, however, is that a Muslim patron became involved in a conversation about religion. The Muslim patron became offended at the conversation, and went to the police, and complained that she had been offended by the conversation, and felt there were "threatening or oppressive" elements to it.

Where do I stand on this? At this stage, I stand completely behind the Christian couple. If the same thing had happened at a Muslim hotel, believe me, I would stand completely behind the Muslim couple. This has nothing to do with the religious beliefs of either party. It's a basic element of free speech. You do not, or at least should not, have the right to not be offended. If a conversation is offending you, walk away, don't sue the people. I don't care if it offends your deeply held religious beliefs any more than I would care if it offends your deeply held political leanings. Trust me, if this is all it takes, I'm sueing the pants off of Glenn Beck and Rush Limbaugh, to name just a few. I am almost daily offended by the things they say. But does that make any sense? No. They have a right to their freedom of expression, just as I do, and I freely exercise that right and call them idiots and then list my reasons for doing so. That's the point.

Now, granted, this all took place in England, where the laws and the courts are a bit different, but even a commentator on the article brings up that the police are also charged with protecting freedom of expression, and that the Public Order Act has been used and is being used probably too aggressively, especially in cases where people's feelings are hurt.

Man, maybe I should change career paths and sue people for a living for a while. Then I can retire and drink away all my conscience concerns. On a remote island, or on top of some mountain.

Hm...it's not sounding so bad after all...

Saturday, September 19, 2009

ACORN, Tea Parties, and Militias: the New Conservative Grassroots

These three headline-makers signify the emergence of the newest wave of conservative grassroots organizing that will set the tone for the next brand of conservative politics. Within a long view of history, they are really not that unique. Looking to the near future, there are some very troubling dimensions, some healthy directions, and a nascent map for conservatives' political future. To sum it up briefly, the conservative grassroots is emerging as with all inter-election periods for the party out of power in the U.S.; however, it brings with it a dangerous fringe tied to the mainstream raising the question of how the grassroots will address its violent impulse.


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Monday, September 14, 2009

The Sorcerer in California with Marriage Infedility...

A few quickies for today, just for the chuckles of it all.

First, a completely straight article about magic in Islam. Now, the more secular or not-believing-in-magic among you, or those of you who just happen to think that religions other than your own are a little kooky, will probably find this somewhat humorous. I'll admit, I do too. I can't help myself. But there is an interesting point to take away from it. Note the descriptions of 1) the rituals performed by the magic-sellers and 2) the rituals performed by the religion-sellers, or, in this case, sheiks. Not so different, eh? Well, actually, that's to be expected. Traditionally there has been a very thin line between "magic" rituals and "religious" rituals. The difference, in some views, is only the kind of person performing the ceremony. You see, to both these people, the magic is real. The sheiks are just on the "good" side and will break a curse for a nominal fee. The "sorcerers" are on the "bad" side and may make or break a curse, for the right price. The rituals are nearly identical, it's just one guy gets to wear a funny robe or hat and claim ultimate divine authority, and the other guy wears a funny robe or hat and claims (usually) some lesser or personal authority. Now, for those of you who want to claim that we are too civilized for that kind of thing, need I remind you there are groups in this country who still practice and believe in faith healing, in praying for more rain or less rain, spiritual anointing, that prayers protect people, and that God may give you what you want if you ask and believe hard enough. A very, very thin line.

Secondly, this article about a recent study. It would seem that, on average, one out of every thirty-three women who regularly attend worship services have had sexual advances made by religious leaders. So, on average, for everyone 100 women in a congregation, 3 have been advanced upon by a religious leader. And two of those three were probably married at the time. Ahh...see, this is what I've tried to tell you before - watch the people who protest the loudest that they are the most moral. They're the ones typically hiding something. See, once you have it so ingrained in your head that you are the morally superior one, you can start writing off discrepancies, because you ARE moral, or God forgives those few discrepancies, and anyway, you're still much better than the rest of THOSE sinners, they must be ten times as worse. It's called cognitive dissonance, and it's one of the oldest tricks in the book. So, to be clear, I'm not saying "moral people aren't moral," I'm saying "people who CLAIM THE HARDEST to moral often are not." It just so happens that religions and religious people like to hold high that particular banner, and so there is a biased population there. Lest we forget Ted Haggard, who only recently has discovered (after years of fire-and-brimstone preaching against gays and divorcees, etc) that his sexuality is "complex" and will take time to resolve, after snorting meth with a gay prostitute...right. Lest we forget California Assemblyman Michael Duvall, who loves having affairs with "really hot" women, enjoys a bit of spanking, and...oh, is so totally against allowing gays the right to marriage in California and is a strong promoter of "traditional family values." Lest we forget all those Catholic priests who...well, you get the idea. This isn't commentary on religion directly, although anyone who knows me knows I have my beef with organized religion, especially when it tries to wiggle its way into policy, but it is something to be noted. Keep a careful eye on those moral vanguard, lest you be disappointed when you find out just how much of con men they are.

Lastly, a straight-faced sarcastic proposal to make divorce illegal in California. I think he's very good. A little obvious with the sarcasm of it all, but very good overall. I've always wondered exactly what people meant by "traditional marriage." It's sort of a moving target. People throw up other words like "Biblical marriage" or "faith-based marriage," but that's really just another place-holder, like "Intelligent Designer" or "God" is for "we don't yet know how this happened." I mean, it would seem to me that polygamy was allowed for quite a few people in the Bible, so long as you were wealthy enough...and there were all sorts of bride-prices, dowries, sacrifices, and feasts that had to go on. I don't see too many people selling slaves along with their daughters, but...maybe that's just me. I also don't see too many Christians basing their marriages off of the Talmudic traditions, but, I guess as much as they like to claim we are a Judeo-Christian nation, there aren't too many Judeo-Christians out there.

The problem is even worse if we try to take an archeological perspective of what a "traditional marriage" would be. It'd be like gathering together a human, sheep, pig, cat, dog, rabbit, horse, ox, bear, dolphin, and mouse and asking "which one is the mammal?" Oh, you can pick one and say it's your favorite, but, as you can maybe guess, the answer's not quite right. So, really, all we have again is a group of people who want everyone else to follow their favorite system, to make everyone adhere to their laws. Now, in a federal sense, an certain bit of this is understood - you obey the traffic laws, giving up some bit of your own freedom, to enjoy the benefit of a mass transportation system. When you get married, there are certain legalities you have to get through, and you pay a tax to enjoy some benefits of the state. Okay, that's fine. But when a particular group, religious or otherwise, wants to legalize its own way of living, and only its own way, there's a bit of a problem. Imagine, if you are Christian, that a Jewish group wants to mandate that only Kosher food can be eaten from now on. Goodbye cheeseburgers, shrimp, and a helluva lot more. They're just protecting the sanctity of food preparation, and doing it in a very tradition-minded way. Do you have a problem with it? God decreed it, lest you forget as you munch on those shrimp cocktails. Now, Paul did indeed say it was okay to break Kosher, but also note that he said you shouldn't do it if it would offend those with whom you were dining. Well, well, if it's going to offend some of the more tradition-minded Jews, you'd probably better stop.

Or imagine if a Muslim group wanted to U.S. to adhere to Sharia law. Would you have a problem with it? What if, just imagine, they were the majority in this country? Would you have a problem with it then? Would you feel that your rights as a group of people are being trampled on? That some religious group is forcing their view of things onto the public through legislation?

There is a solution, though. It's not a perfect one - few are. It's cobbled together and frail, sometimes barely hanging on. It offends a great deal of people, but it allows society to work, however hobbling it may go. The solution is brilliantly simple - no religion, no philosophy, no particular group, even the majority, gets special treatment or free reign in legislation. You are free to practice your own religion, or lack thereof. However, just the same, I am free to practice my own, however different they may be. So long as they do not interfere with each others private rights, there is no problem (I can't kill you because my god told me to. I can refuse to eat cheeseburgers though). So, why don't we take a hint from the Constitution, you police your own religious community, I'll eat some shrimp scampi, and we extend the right of marriage to everyone, regardless of what particular bits of flesh they possess where (legislate only the minimum necessary - need for consent, proof of stability and support if needed, minimum age requirement, and maximum relatedness if-you-so-desire), and we all go home happy.

That's just my two-cents anyway.