2015 Isn’t 2012, and Bush Isn’t Romney

The conservative Washington Times reports Jeb Bush misfires with evangelicals over gay marriage supporters in inner circle:

Rich Bott, whose religious radio network of 100 stations stretches from California to Tennessee … said it’s “hard to imagine evangelicals being excited about a Bush candidacy if he has well-known advocates of homosexual marriage leading his campaign.”

Mr. Bush is on record as opposing same-sex marriage but hired David Kochel to run his campaign organization when it becomes official. He also hired Tim Miller [who is openly gay] to be the communications director of the campaign when it gets underway, presumably later this spring.

Mr. Kochel and Mr. Miller publicly advocate same-sex marriage, arguing that it should be guaranteed under the Constitution.

Evangelical social conservatives successfully pressed Mitt Romney to drop his openly gay foreign policy spokesman Richard Grenell in 2012, and that made Romney look weak. I think Bush will stand up to them, and be the stronger for it.

More. Sage words from Barry Goldwater.

Furthermore. Bush strives for balance in his May 9th commencement address at Liberty University:

Jeb Bush delivered a forceful defense of religious freedom from a secular government during a speech at an evangelical university on Saturday, deploring the rise of “coercive federal power” under President Obama that he said was seeking to impose progressive dogma on the country’s faithful.

But in an intriguing omission at a school known for its long-time opposition to same-sex unions, Mr. Bush did not mention the raging debate over the legalization of gay marriage, or express his opposition to it, even as he touched on the environment, sex trafficking and abortion.

Counterculture

Sure to drive LGBT progressives to new heights of frenzy, A Fox News Contributor on Being Gay, the GOP, and Religious Liberty (via BuzzFeed). Media Matters, save us!

Guy Benson’s new book, co-authored with fellow Fox contributor Mary Katharine Ham, is End of Discussion: How the Left’s Outrage Industry Shuts Down Debate, Manipulates Voters, and Makes America Less Free (and Fun). As BuzzFeed puts it:

The book will be published as the debate over religious liberty protections continues to dominate the presidential conversation around gay issues, something that Benson and Ham are aware of and tackle in the book. (The chapter of the book in which Benson comes out is titled, “Bake Me a Cake, Bigots.”)

Many conservatives have argued there must be a legal process for exemption from laws on the basis of religious belief. For his part, Benson argued that exact space between existence and participation is what has helped accelerate acceptance for marriages. The idea that same-sex couples’ marriages wouldn’t affect straight couples’ marriages was “a very effective argument that won over a lot of people,” he said.

“I’m for civil marriage, I’m for nondiscrimination laws — but I think there should be broad carve-outs for religious organizations, in particular, and narrow carve-outs for closely held businesses that serve the wedding industry,” he said.

Defending freedom of conscience and the right not to be compelled to act in ways that violate religious faith, once liberal values, now signal that you’re a reactionary.

More. Benson is interviewed by Megyn Kelly, here, and says:

I just want to acknowledge quickly that I recognize that I am so fortunate to live in a country and an era where we can be having this exact conversation on national television, and I recognize that a lot of that is due to the fact that I’m standing on the shoulders of people who worked very hard for a very long time, who probably don’t share my political persuasions. …

But I think when that crosses some threshold into punishing and purging dissenters and trying to exact punishments on people for not agreeing, that is not what we should be about in this country. I think we’re better than that in this country.

As to the charge that he’s just a Fox News lackey, during the 2012 Romney campaign Benson took social conservatives to task for opposing Romney’s appointment of an openly gay man, Richard Grenell, to be his spokesman on national security and foreign policy issues (Grenell, alas, resigned shortly afterward when Romney failed to stand up for him.).

Marriage Amendment Is Wrong, Defending Religious Freedom Isn’t

In the wake of the Supreme Court hearing oral arguments on same-sex marriage, Gov. Scott Walker, who seemed for a while to have accepted marriage equality in Wisconsin as the law so let’s move on, shifted ground and joined Ted Cruz in endorsing a constitutional amendment that would stop federal judges from finding a constitutional right to same-sex marriage.

“My hope is that the U.S. Supreme Court will [not rule in favor of same-sex marriage],” Walker said. “If they don’t, the only other viable option out there is to support a constitutional amendment which I would [support] believing not just in marriage being defined as one man, one woman, but I also believe in states rights. I believe that is an issue that appropriately belongs in the states.”

Endorsing amending the U.S. Constitution to stop marriage equality will put Walker beyond the political pale for center-right, libertarian-leaning Republicans and independents, without whom no Republican can win the general election. It’s not just morally wrong, it’s bad politics.

Progressives, however, are also expressing opprobrium toward Jeb Bush for noting concern that same-sex marriage might lead to forcing conservative clergy to perform same-sex marriages. Bush’s fear, dismissed flippantly by his critics, would have less credence if they hadn’t already been justified by a highly publicized instance of liberal officials trying to do this in the name of anti-discrimination (arguing that if ordained clergy run a wedding chapel instead of a church, they are subordinate to the state). That case fell apart, but not for want of trying.

And there was also this exchange during last week’s Supreme Court oral arguments, in which U.S. Solicitor General Donald Verrilli suggested that a private, religiously affiliated college could lose it’s tax-exempt status for not supporting same-sex marriage:

JUSTICE ALITO: Well,in the Bob Jones case, the Court held that a college was not entitled to tax¬exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same-sex marriage?

GENERALVERRILLI: You know, I — I don’t think I can answer that question without knowing more specifics, but it’s certainly going to be an issue. I — I don’t deny that. I don’t deny that, Justice Alito. It is — it is going to be an issue.

As the Washington Blade reported, Bush also alluded to the cases of religiously conservative florists, caterers, and bakers being prosecuted for declining to provide services to same-sex weddings:

for Bush, finding “common ground” between opponents of same-sex marriage and gay and lesbian people seeking to marry is key. I think a country as open and big and tolerant and as this country ought to be able to find common ground on both of those fronts,” Bush said.

But the zealots of left and right won’t have any part of that.

More. From our comments, “Mary” writes, pertinently:

In all fairness, if 10 years ago someone had said that equal rights for gays would lead to a photographer being sued for not wanting to photograph a lesbian commitment ceremony wouldn’t you have called this a scare tactic? And when people argued that bakers, florists, and reception hall owners would have to cater to gay weddings or be sued for discrimination because “equal means equal” wasn’t it said that no one would be forced to have anything to do with gay weddings if they didn’t want to?

So why should we assume that tax exemption would never be removed from churches that don’t marry gay couples? Although I support SSM now, I do believe we need specific laws to protect religious freedom.

Indeed. And Hubert Humphrey famously said “I’ll eat my hat if this [the Civil Rights Act] leads to racial quotas.” One can today argue the merits of affirmative action race-based preferences and quotas, but they certainly did come about (with hard quotas, at least, subsequently scaled back by Supreme Court rulings).

Out with the Old Intolerance, In with the New

Some want equality before the law and social inclusion. Others, who feign wanting the same, actually have darker aims and see an opportunity to pursue these by confusing their authoritarian agenda with the cresting fight for liberty.

As Mark Lee writes in the Washington Blade:

The news on the gay civil rights and marriage equality fronts has been nothing short of stupendous of late. Except for the attitudes and behavior of some LGBT people, including many community activists.

Inclination toward ideological hegemony and political retribution of the sort that would make Chairman Mao proud is substitute for an appropriate sense of communal celebration and circumspect congeniality. It seems we’ve become so accustomed to anxiety and alienation that gays don’t know how to be happy. …

Two instances in the past week are clear illustrations.

When generation-spanning Olympian and reality show star Bruce Jenner indicated he’s a conservative Republican, when discussing being transgender in a national television interview, the denunciations and condemnations were swift. Taunts that he’s “self-loathing” or a “traitor” and “despicable” for his political beliefs were emblematic of a lack of tolerance for divergence of thought.

The news that two prominent gay hoteliers, owners of multiple businesses and most of the gay venues on Fire Island, had invited Ted Cruz to a small meet-and-greet to primarily discuss non-gay issues sparked rapid-fire pillory. Lost in the outcry was the fundraising event they had recently hosted for 900 contributors to Hillary Clinton’s campaign. Calls for a boycott of their enterprises ensued and they were reduced to issuing an “apology” to avoid continued harassment….

Why do we remain tolerant of an abhorrent petty mob mentality demanding “groupthink” and pouncing on nonconformists? For all the chatter about a need for “safe spaces” it’s time we create such for one another.

[Added: Subsequently, Reisner revealed:

“In the interest of transparency, I gave Senator Cruz a $2,700 cheque to show my support for his work on behalf of Israel,” Reisner said in a statement [to the New York Times]. “When I realized his donation could be misconstrued as supporting his anti-gay marriage agenda, I asked for the money back. Senator Cruz’s office gave the money back, and I have no intention of giving any money to any politicians who aren’t in support of LGBT issues.”]

More. Via Reason, this cartoon nicely captures the Jenner controversy.

Perhaps a better example to make the point, the Supreme Court arguments, as noted in a Wall Street Journal op-ed, came just four days afer:

in Oregon, an administrative-law judge proposed a $135,000 fine against Aaron and Melissa Klein, proprietors of the Sweet Cakes bakery in Gresham, for the “emotional distress” suffered by a lesbian couple for whom the Kleins, citing their Christian belief that marriage is between a man and a woman, had declined to bake a wedding cake in 2013.

Some have come to think anything that purports to advance “LGBT rights” and that brands itself as “progressive” is by necessity of the light and is thus to be supported without question—especially when the target is religious conservatives and/or Republicans, who themselves can’t possibly have rights worth defending.

Liberal tolerance. Drive them out of business, subject them to penurious fines, and then block their attempts to raise money for their legal defense.

And while you’re at it, attack an unrelated bakery with the same-sounding name:

Though the Smiths are across the country from Sweet Cakes by Melissa, run by husband-and-wife team Melissa and Aaron Klein, their bakery’s strong presence on Twitter has caused it to be the target of “really awful, hateful tweets,” Emily Smith said Thursday.

“People are calling us bigots and say we should rot in hell and are tweeting Bible quotes to us [on Twitter],” said Emily Smith.

Transgressors, Beware

Hotel-owning NYC gay business partners Mati Weiderpass and Ian Reisner face an LGBT boycott for meeting with Ted Cruz, primarily to discuss American relations with Israel.

Reisner and Weiderpass said that they disagreed with Cruz on gay marriage and that his appearance at a get-together they hosted “was a step in the right direction toward him having a better understanding” of what they believed.

But the inquisitors smell blood, and they will not be put off.

David Weigel writes, “The irony is that the gay backlash to Cruz’s hosts might engender sympathy with gay marriage opponents,” which has certainly been true of other recent LGBT boycotts (which, unlike the action against Weiderpass and Reisner, at least targeted actual gay marriage opponents, albeit small vendors who rightfully come across as the victims of a bullying mob).

More. And not the mob alone, but authoritarians with state power. Destroying their businesses wasn’t enough, apparently.

I think many have felt cowed into not criticizing progressive LGBT affronts to tolerance and liberty for fear of sowing disunity in the fight for marriage (libertarians, for the most part, are the ones speaking out for both the right to marriage and the right to religious dissent).

I fear that if anything might deter Justice Kennedy from joining with the liberals to find a constitutional right to wed, it’s the unveiling of the authoritarianism driving LGBT progressives as they strive to enforce their vision of ideological and behavioral conformity.

If the court rules the right way in June, I hope more will feel emboldened to speak out in favor of tolerance and mutual respect, even if it means standing up to the mob and its political allies.

Furthermore. Cruz has also taken heat from the religious right over the meeting, showing that zealots on both left and right see any kind of dialog with “the enemy” as anathema.

Final word Reisner offers self-criticism and pledges to toe the correct party line. Note: despite some sloppy misreporting (and malicious misblogging), this meeting was not a fundraiser for Cruz. Should gay people not be allowed to meet conservatives and talk about issues that might unite or divide them? Well, I think we’ve learned the answer.

It’s not only about marriage, of course. You’d better uphold the whole progressive agenda, OR ELSE. From the Daily Beast:

“It’s not a coincidence that Cruz is anti-gay and also anti-social-safety net, anti-reproductive justice, and anti-affirmative action. What extremely fortunate white gay men like Reisner and Weiderpass don’t understand is that it’s all one big package: the classism, the religious conservatism, the social conservatism—these all go together.”

And after the freedom to marriage is secured (hopefully soon), expect that the ongoing morphing of the LGBT rights movement into a full-blown brigade of the progressive left to accelerate.

Real final word. James Kirchick writes, Ted Cruz’s Gay Hosts Shouldn’t Apologize:

So what if two rich gay hoteliers invited Ted Cruz to chat with them at their home? That’s the kind of bridge building we need more of, not less.

And this:

If Obama can meet with the likes of Raul Castro, who heads a regime that threw gay men into concentration camps where they were worked to death, why can’t a couple of gay businessmen have dinner with a politician who opposes same-sex marriage?

Indeed.

Final update, for real Apology revoked.

Added: Subsequently, Reisner revealed:

“In the interest of transparency, I gave Senator Cruz a $2,700 cheque to show my support for his work on behalf of Israel,” Reisner said in a statement [to the New York Times]. “When I realized his donation could be misconstrued as supporting his anti-gay marriage agenda, I asked for the money back. Senator Cruz’s office gave the money back, and I have no intention of giving any money to any politicians who aren’t in support of LGBT issues.”

Post-Marriage Forecast

The New York Times looks at the likely aftermath of a June Supreme Court ruling that there is a constitutional right to same-sex marriage:

Still, once the Supreme Court speaks, in a decision widely expected to make same-sex marriage a national right, the opponents’ anger and energies are likely to focus on a more limited issue, what they call protections for conservative religious officials or vendors who want to avoid involvement in same-sex weddings.

Gerald N. Rosenberg, a political scientist and legal scholar at the University of Chicago, said his former predictions of a wider, lasting backlash to marriage rulings had been overtaken by the “sea change in public opinion.”

Such “opt out” proposals may produce political heat, as recently seen in Indiana and Arkansas, where the governors, under pressure from businesses, felt compelled to weaken so-called religious freedom bills. But they will not impede the ability of gay couples to marry, Mr. Rosenberg said.

And this:

Yet whatever resistance strategies are adopted, many legal and political experts who have studied the impact of divisive Supreme Court rulings in the past, and the trajectory of the same-sex marriage movement, say they do not expect a lasting, powerful backlash of the kind that followed decisions on school desegregation and abortion.

Instead, the experience in states where same-sex marriage has already been legalized suggests that public opposition is likely to wither over time.

“As more couples marry, more people will know people who are married,” said Michael J. Klarman, a legal historian at the Harvard Law School and author of a 2012 book on earlier same-sex marriage rulings. “And those who oppose it will find out that the sky doesn’t fall.”

Assuming that the Supreme Court rules the right way, I think that’s correct. Same-sex marriage is not abortion; it is not the taking of life. There will not be mass mobilizations to pass Ted Cruz’s constitutional amendment.

But the debate over whether independent vendors with religious views opposed to participating in same-sex weddings should be forced by the state to do so (at the behest of angry authoritarians) will continue, and it will be ugly. Think witch hunts.

Confusing the matter is a related but different issue: whether civil servants should be able to opt out, and here I think the answer has to be no. There is a key difference between private, self-employed citizens who don’t want to provide creative services to same-sex weddings, and servants of the state.

While some of my friends on the left seem to think everyone is essentially (or should be) treated as a servant of the state, that’s actually not the American way, and shouldn’t be.

But, on the other hand, if government officials can’t perform their duty to treat all citizens equally, citing their own religious convictions, then they should step aside. Separation of church and state is also the American way.

Just a Matter of Time

More evidence that conservative support for same-sex marriage is growing:

A 2014 Pew poll found that 61 percent of Republicans under 30 support gay marriage.

According to Data Science polling, 64 percent of self-identifying Evangelical Millennials support same-sex marriage.

And the most recent survey of incoming freshman at UCLA found that 44.3 percent of students who considered themselves “far right” believed same-sex couples should have the right to legally marry, while 56.6 percent of “conservatives” believed the same.

Which may be why anti-gay-marriage activist Maggie Gallagher, in her latest missive, sounds like an alienated and bitter self-outcast.

More. She’s not alone among social conservative activists, of course. The Heritage Foundation seems to be getting even more anti-gay. Their latest: My Father Was Gay. Why I Oppose Legalizing Same-Sex Marriage.. This sentence, in quotation marks, apparently can be found nowhere on the Internet except in articles by this author:

Statements like this are lies: “Permitting same-sex couples (now also throuples) access to the designation of marriage will not deprive anyone of any rights.”

Heritage, it seems, is on a roll. Now they’re claiming that same-sex marriage will cause 900,000 abortions. Desperation tactics.

Furthermore. Wisconsin Gov. Scott Walker, a likely GOP presidential contender, may not support same-sex marriage, but he attended the reception when his wife’s cousin was married to her partner. The Walker’ then-19-year-old son, Alex, served as a witness and signed his name to the marriage certificate. Generational change.

The Turning Tide

Our occasional co-blogger Walter Olson shared a different take on Indiana, Arkansas and the battles over their Religious Freedom Restoration Acts (RFRAs), via the New York Daily News. A few excerpts, but you should go and read the whole piece:

Even if you think, as I do, that the past week’s great gay rights war was 90% hype…one take-away is still a bit amazing: America’s big businesses have emerged as a hugely effective ally of gay rights.

That is a very big deal that will reshape this crucial cultural cause, and perhaps others, for years to come. …

On what stoked the controversy:

In some parallel universe, bills like Indiana’s could have been pitched with a pluralist and moderate appeal: Until quite recently, after all, RFRAs themselves were seen as something of a bipartisan progressive cause and the group of law professors and religious scholars active in the push for state RFRA bills includes more than a few moderates, liberals and libertarians who themselves favor same-sex marriage and gay rights laws.

In our actual universe, on the other hand, where perception is nine-tenths reality, the Indiana effort was seen as the pet project of hard-liners that the state’s business community didn’t care for and didn’t want to have seen as representing the state. …

Taking aim at Indiana’s hapless governor, Walter writes:

One of the most damaging viral images was that of a ceremony in which Mike Pence was seen signing the initial bill into law surrounded by figures circled and identified as long-time bitter opponents of gay rights. Pence himself floundered on TV when asked to defend the bill, unable to finesse the gap between the culture war themes that had helped fuel its passage at home and the more moderate arguments that might have swayed national viewers. …

But he also warns, quite correctly:

Outrage can blow up in unexpected ways. When a small-town Indiana pizzeria owner truthfully answered a reporter’s inquiry by saying she was happy to serve gay customers but would have qualms about catering a gay wedding, her mom-and-pop business got hit by a classic social-media pile-on that included fake Yelp reviews and even threats of violence. No sane business—especially a big one—would want to get within miles of such mob-driven ritual shaming.

It might be tricky, in fact, to keep getting the symbolic point across while not alienating the majority of the public that—according to most polls—in fact opposes fines and penalties for bakers, florists and photographers that hold religious objections to entering into gay-marriage celebrations. …

From my perspective, after gay marriage is secured nationwide (which the consensus holds is likely to happen with a Supreme Court ruling in June, although one never knows), I think the movement from “live and let live” with legal equality, toward an embrace of authoritarian political correctness intolerant of dissent, could become much worse within the LGBT activist world.

More. Law professor Jonathan Turley, via the Washington Post. He argues that in their rush to support same-sex rights, critics of religious freedom laws have been too quick to dismiss legitimate questions about free speech and expression. You think?

Turning Point: Americans Would Rather Vote for a President Who Supports Marriage Equality

According to a new poll from the liberal Huffington Post and YouGov, “Support for gay marriage has become the majority opinion, and voters now also say they’re more likely to reject a presidential candidate opposed to gay marriage than one who backs it—something gay marriage advocates hope marks a political tipping point for 2016.”

About 20 percent of voters overall who say opposition to gay marriage is a deal-breaker, while about 15 percent say supporting it is.

Most Democrats favor a presidential candidate who supports marriage equality (54 percent). Significantly, however, more Republicans voters say a candidate’s opinion on same-sex marriage doesn’t matter or they’re not sure (47 percent) than those who favor an anti-gay marriage candidate (41 percent), while 12 percent of Republicans would favor a candidate who supports the freedom to marry. If true, this shows progress occurring in both parties.

Some may have assumed that more than 54 percent of Democrats would favor a candidate supporting gay marriage (they are the “progressive” liberal party, aren’t they?). I assume a greater percentage of opposition to marriage equality is still among African Americans, who as a bloc have lagged behind the rest of the party, according to separate polling, although these numbers show signs of shifting in a positive direction as well.

As for voters who identify as independents, the HuffPost/YouGov poll shows that they “tend to line up more closely with Democrats in their opinions of gay marriage, saying by an 8-point margin that they’d prefer a candidate to support than to oppose gay marriage. Those who’d prefer a gay marriage supporter, though, are less likely than their Democratic peers to say the issue would be a deal-breaker.”

Daniel Cox, the research director at the nonpartisan Public Religion Research Institute, observed: “I don’t think you’re going to see a single Republican come out in support of same-sex marriage, but you may see some downplaying it in preparation for facing a general electorate, which is by and large supportive of the issue.” I think that’s right.

Interestingly, YouGov polling in Britain now shows that throughout the UK “those people who thought homosexuality ‘morally wrong’ sat at around 15 percent,” but that “in London the number of people who said they thought homosexuality is immoral was almost double (29 percent) what it was in the rest of the country.” Turns out “diversity” and liberalism (in its true sense) don’t always go hand in hand. (Sorry, this isn’t “racist,” anti-immigrant or anti-Islam; it’s what the poll numbers show.)

More. Ted Cruz is announcing his presidential run at the Jerry Falwell founded Liberty University. His platform includes amending the U.S. Constitution to nullify court rulings on the constitutionality of unequal marriage laws. Cruz, it appears, is partying like it’s 2004. Beyond the insular Iowa caucuses, we’ll see how well that strategy plays out now.

Furthermore. David Boaz, author of The Libertarian Mind: A Manifesto for Freedom, tells Bloomberg Politics:: “Cruz is announcing at the Vatican of fundamentalism. That doesn’t seem like the path to a winning coalition, even within the GOP.”

Maybe he’s trying to be the new William Jennings Bryan.

Frank’s Win-Lose Is a Win-Win.

Following on my previous post addressing former Congressman Barney Frank’s new memoir, let’s turn to Frank’s view of how America has both progressed and regressed. From the New York Times book review:

As Mr. Frank notes at the outset and conclusion of his book, the most sweeping and unexpected change from the moment he became interested in politics as a boy in Eisenhower-era America is that prejudice toward gay people has plummeted while skepticism toward government has spiked.

He is as troubled by the lack of trust in government as he is elated by the rise of cultural tolerance.

For some of us, this is a win-win (or would be, if the size, scope and cost of government hadn’t soared since the days of JFK under both Democrats and Republicans).

Americans should be skeptical about activist government, because its actions are so often counter-productive if not in fact destructive. Government should be held to the highest bar to prove that its interventions are necessary and the these essential objectives cannot be obtained other than through the coercive force of the state, which is backed by the treat of punishment.

Sometimes, federal intervention meets this standard, as when Washington (all three branches, executive, legislative and judiciary) intervened to put an end to unconstitutional state Jim Crow laws that institutionalized discrimination against African-Americans. But one of the greatest domestic failures of government has been its attempts to end poverty, more often fostering dependency instead of independence, in no small measure by undermining African-American families.

Still not convinced government action should be limited by strict scrutiny? Check out the amicus brief of the Mattachine Society of Washington, D.C., submitted to the U.S. Supreme Court in Obergefell v. Hodges (the consolidated same-sex marriage cases), and prepared with attorneys at McDermott Will & Emery LLP. It uses many recently acquired original source documents to show the long, tragic history of federal and state government animus toward, and persecution of, gay Americans. (For an overview, you can also read the press release.)

Rising distrust toward government? I’m all for it.