The Transgender Military Ban

Perhaps the courts can see that a rational balance is struck by reversing the blanket ban on enlistments by anyone who has had gender transition medical care, while upholding the ban on those who require gender transition treatment and reassignment surgery.

More. Scott Shackford’s take at reason.com.

Bake Me a Cake—Or Else—Taken to Its Illogical Conclusion

Shackford also notes:

The show ends up taking this role reversal to a weird and terrible conclusion. Grace, who hates Trump and all he stands for, pushes the bakery to make Karen’s MAGA cake, going so far as to raise the specter of the American Civil Liberties Union (ACLU) coming after them. To its credit, the show takes the argument to its natural, terrible conclusion: The episode ends with the baker reluctantly baking a customer a cake with a swastika on it.

Compromise Can Be the Best Way

A compromise on LGBT nondiscriminination rights and religious liberty rights requires that both sides recognize that the other also has rights, and that sometimes these rights conflict and reasonable and workable compromises must be sought.

I’m more partial toward recognizing the right not to be forced to engage in activities that violate religious conscience in the private sector, and in particular the rights of small business owners not to be forced by the state to engage in expressive activities that violate their beliefs. But it seems like the outcome of this North Carolina case regarding a public official is fair to both sides—the individual magistrate does not have to officiate at the same-sex wedding ceremony as long as someone is on hand to provide these services.

This, by the way, differs from the situation in 2015 involving County Clerk Kim Davis in Kentucky, where she would not allow anyone in her office to issue same-sex marriage certificates, including clerks who had no issues with doing so.

A different compromise was reached in that case: Gov. Matt Bevin issued an executive order that removed the names of all county clerks from marriage licenses issued in Kentucky. I wrote at the time:

Government officials are responsible for following the law of the land, even when doing so is at odds with their own religious beliefs. They are public servants, not private, self-employed service providers.

But it’s for the good if a small, symbolic action can defuse a contentious “culture war” face off and serve civility without diminishing individual rights, and I tend to see that happening here.

Allowing individual magistrates to opt out as long as no couple is denied a prompt marriage takes things a bit further, but if no couple is harmed I don’t see a problem. It’s akin to not making religiously observant employees work on the sabbath.

Delayed for Now

More. LGBTQ activists have been supporting the proposed Equality Act, which would explicitly include LGBT Americans in the Civil Rights Act, providing protection from housing, employment and public-accommodations discrimination under federal law. The Equality Act also includes a provision revoking any protection that religious objectors might enjoy under the federal Religious Freedom Restoration Act.

In that regard, including sexual orientation and gender identity under Title VII would be preferable to the damage to liberty rights that the Equality Act would impose.

In July I wrote The Civil Rights Act and Sexual-Orientation Discrimination.

Also, from last October, The Rejection of Compromise: Take Two.

Tolerance Is Not a One-Way Street

A word of caution from Andrew Sullivan, an early, forceful advocate of marriage equality and supporter of Barack Obama:

The freedom of any baker to express himself is, in this respect, indistinguishable from that of any gay person to do so — a truth that our current tribalism blinds so many to. I hope, in other words, that the baker prevails — but that the Supreme Court decision doesn’t turn on religious so much as artistic freedom.

More. The response from many on the LGBTQ+ progressive left has been fear-mongering, with little to no empathy for religiously conservative small business owners and often dismissive of religious liberty itself and the right not to be coerced by the state, on pain of losing one’s livelihood (or worse), to engage in expressive activity that violates deeply held religious belief.
Slate: How Clueless Straight White Guys Excuse Religious Homophobia.

What the left keeps getting wrong: