The Kentucky ‘Compromise’

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Via the conservative-leaning PJ Media news site:

Mat Staver, the founder and chairman of Liberty Counsel, said Kentucky Gov. Matt Bevin gave Kim Davis and all the other county clerks in the state a “wonderful Christmas gift” by protecting their religious rights and freedom.

Bevin issued an executive order two weeks after taking office that removes the names of all county clerks from marriage licenses issued in Kentucky. Staver said that will enable Davis and all other county clerks to do their jobs — issue marriage licenses to everyone, including same-sex couples — without compromising their religious principles.

Over at Instapundit (also part of PJ Media), the comments ranged from:

“Do we have a secular or sectarian society. While I respect Ms. Davis beliefs, rewriting law just for her was not the right [thing] to do.”

To:

“It wasn’t just for her, it was for everyone like her, and a very reasonable way to accommodate the rights of all parties.”

Another commenter said, “Removing the clerk’s name from the license is a very hollow victory,” and I tend to agree with the observation, although the commenter may have been lamenting that marriage licenses are being issued to same-sex couples at all.

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.

More. Scott Shackford, at reason.com’s Hit & Run blog, notes there have been other recent compromises:

The conflict with Davis was the most visible representation of resistance, but it’s not the only one. … In North Carolina, lawmakers passed legislation allowing county employees to opt out of duties performing marriages or issuing licenses if they have religious objections. But the county is also obligated to make sure magistrates or clerks are available to pick up the slack and that the county keeps regular hours.

In Alabama, state law gives county probate judges complete discretion as to whether to issue [any] marriage licenses at all. In response to the Obergefell decision, some judges have opted out entirely.

These responses, too, seem like reasonable ways to move beyond culture war confrontations without denying gay couples the right to wed.

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Unintended Consequences Undermine Gay Rights in Africa

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U.S. Support of Gay Rights in Africa May Have Done More Harm Than Good, and that’s the New York Times’ summation.

The paper reports:

After an anti-gay law went into effect last year, many gay Nigerians say they have been subjected to new levels of harassment, even violence. They blame the law, the authorities and broad social intolerance for their troubles. But they also blame an unwavering supporter whose commitment to their cause has been unquestioned and overt across Africa: the United States government.

The U.S. support is making matters worse,” said Mike, 24, a university student studying biology in Minna, a town in central Nigeria who asked that his full name not be used for safety reasons. “There’s more resistance now. It’s triggered people’s defense mechanism.”

And there’s this:

Since 2012, the American government has put more than $700 million into supporting gay rights groups and causes globally. More than half of that money has focused on sub-Saharan Africa. … But tying developmental assistance to gay rights has fueled anger across the continent.

Anti-gay American evangelicals have blood on their hands here, but resistance to liberal America’s attempt to impose its values also is a significant factor.

Good intentions expressed through heavy handed actions by a foreign government can and will backfire. A better strategy would be quiet support by privately funded NGOs backing locally controlled LGBT efforts, rather than the U.S. government throwing money around and issuing ultimatums, even if that’s what U.S. LGBT lobbies want to see.

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Let’s Celebrate the End of DP Benefits

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Some LGBT advocates can’t recognize a sign of victory, or feel it’s not in their organizational interest to do so.

As the Washington Blade reports in Future of domestic partner benefits uncertain, “the U.S. Supreme Court’s historic ruling in June legalizing same-sex marriage in all 50 states…has prompted more private sector employers as well as public employers…to drop domestic partner benefits for their employees.”

Remarked Camilla Taylor, an attorney with Lambda Legal Defense and Education Fund, “that’s unfortunate because we believe people should not have to get a legal marriage in order to be respected as a family.”

But this isn’t about “respect”; it’s about reasonably limiting employer-provided benefits to spousal relationships with a commitment to permanency, as demonstrated by becoming a legal family unit with mutual obligations and responsibilities toward each other.

Moreover, the Blade reports:

Lambda Legal and several other national LGBT rights organizations, including the Human Rights Campaign, have issued statements calling on employers to retain domestic partner benefits for unmarried employees.

Some LGBT rights advocates have said forcing employees in a same-sex relationship to marry as a condition for receiving partner benefits such as health insurance coverage could subject them to discrimination in states where anti-LGBT discrimination remains legal.

News flash: If you’ve signed up with the HR department to receive same-sex domestic partner benefits, your employer already knows you’re gay.

While the activists want to paint the ending of DP benefits as a retrenchment, it’s just the opposite. And the employers ending these stop-gap programs haven’t suddenly turned anti-gay. As the Blade noted, according to corporate benefits attorney Todd Solomon, “the companies he knows that have dropped domestic partner benefits have a record of being LGBT supportive due, in part, to their earlier decisions to promote those benefits to same-sex couples that were barred by law from marrying.”

Which, of course, makes sense.

In a companion story, State Dept. considers phasing out DP benefits, the Blade reports that a gay entry-level Foreign Service officer said:

the State Department’s domestic partner program “was the thing that really made” him “feel welcomed” in the agency.

“While it’s great that we can get married much more easily now, my partner and I are not looking forward to being forced into a shotgun marriage due to a policy change that takes away the benefits we were promised.”

Sorry, but absent a contract, benefits are subject to change. And an employer doesn’t owe your boyfriend or girlfriend subsidized health care.

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The LGBT Movement Today

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I watched some of the live stream from Unfinished Business: The Atlantic LGBT Summit held in Washington, D.C. on Dec. 11. A friend commented, “the identity politics—trans, bi, LGBT youth of color, why isn’t disability being discussed?—was too much for me.”

For me, as well.

Elizabeth Nolan Brown’s reporting at reason.com strikes the right notes about what she terms “an event filled with both thought-provoking speakers and brain-numbing PC platitudes.” For instance, on the panel discussion on legal barriers to transgender equality, she sums up:

Welcome to the minefield that is discussing LGBTIQ* issues circa 2015. By the time panelists had sorted out who was micro- or macro-agressing against whom, there was little time left for the planned topic of the panel, trans civil rights. (Unless the right to be on an Atlantic panel is at the forefront of the trans agenda.)

* Lesbian, gay, bisexual, transgender, intersex, and questioning

On the issue of whether the LGBT movement should allow tolerance for religious dissent, Brown writes:

Those who stuck out most during the day’s sessions were figures like David Boaz, executive vice president of the Cato Institute, and writer and pundit Andrew Sullivan. Boaz and Sullivan are both gay and have long histories of gay-rights activism. But their belief in religious freedom set them apart from most of the crowd and speakers gathered yesterday. One of the biggest cheers of the day, in fact, came after an audience member accused Boaz of being “on the wrong side of history.”

As I’ve said and others have noted, progressive activists believe that nondiscrimination supersedes all other constitutional liberties (here’s an example in a different context, regarding Title IX and freedom of speech). The summit showed the strident opposition to the suggestion that there is a liberty right not to be forced to provide services to same-sex weddings when doing so violates religious belief, or even a positive value is showing tolerance for religious dissent by a small number of service providers.

Brown notes that “the historic alliance between libertarians and the LGBT community when it comes to political activism” is pretty much over, as “the area of common ground seems to be shrinking.” Hard to argue with that.

More. A positive development on the LGBT front! As the New York Times reports:

In a surprise announcement, the Empire State Pride Agenda, a leading state group that advocates gay, lesbian, bisexual and transgender issues in New York, will disband next year, citing the fulfillment of a 25-year campaign for equality.

Having secured marriage equality in New York before the Supreme Court’s Obergefell ruling, and with broad nondiscrimination measures in place that include transgender men and women, it was mission accomplished. But, as the Times also notes:

State Senator Brad Hoylman, a Manhattan Democrat, seemed shocked by the news. “There’s a lot more work to be done on L.G.B.T. rights in New York, so declaring ‘Mission Accomplished’ seems premature,” he said, noting that his legislative chamber had not passed a “single piece of L.G.B.T. legislation” since 2011. “I hope a new political group picks up the mantle,” he added.

The gay equality agenda may be met, but hey, there’s lots of progressive policies to coral LGBT support behind, not to mention embedding LGBT lobbies into the identity politics spoils system!

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GOP Trumped

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I fervently hope Donald Trump isn’t the GOP nominee, but it says a great deal about the state of the union that he so far seems unstoppable. Given the Democratic alternative, it’s a depressing campaign season indeed.

Writing in the Wall Street Journal, Aaron Zitner and Dante Chinni, in Donald Trump Forges New Blue-Collar Coalition Among Republicans (subscriber firewalled), shed some light on the predicament:

Mr. Trump’s appeal is a form of secular populism rarely seen in Republican primary races, and one he is pressing in part with appearances in working-class communities in Iowa that include independent voters and even Democrats who may be lured into the caucuses. …

Past nominating contests have often boiled down to two-person races in which an establishment-backed front-runner beats a socially conservative candidate who appeals to working-class voters—a role Rick Santorum filled in 2012, as did Mike Huckabee in 2008 and Pat Buchanan in 1996. Now, Mr. Trump appears to be opening a new, third lane in the GOP, drawing on a large share of voters who don’t have a college degree and don’t identify strongly with the party’s touchstone social issues, such as opposition to abortion rights and gay marriage.

That raises the prospect that the 2016 contest could narrow to a three-person race featuring the leading choice of social conservatives, the top pick of the party’s establishment wing of centrists and business-friendly Republicans—and Mr. Trump.

Gay-baiting isn’t among Trump’s fascistic tendencies. He is not a social conservative. He’s not much of an economic conservative, either. He favors the crony capitalism that made him rich. He is, instead, a populist demagogue.

What Trump will mean to the future configuration of the GOP is yet to be determined.

More. Via LCR:

Log Cabin Republicans remains committed to the eradication of radical Islamic extremism and believes it poses an existential threat to our culture and members of the LGBT community in particular, but inciting the politics of fear will not achieve those ends.

Plus this observation:

Considering Mr. Trump’s insistence that pursuit of a constitutional amendment banning marriage equality is futile as it would never be realized, we hope he likewise comprehends that his position advocating a carte-blanche ban on Muslim immigrants is equally fanciful.

As others have pointed out, on LGBT equality issues, Cruz and Rubio (among the main contenders) are far worse.

Meanwhile, how Hillary Clinton is bringing the nation together, as usual. Like Obama, her ire is most provoked by the one true enemy, Republicans.

OK, there is some justification if she were addressing Cruz, Carson and Huckabee, but no, not Bush, Kasich, Paul, Christie or (on Muslims) Rubio. Her partisan hyperbole is red meat for the base, and not what the country needs.

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A Better Response to Attack Ads

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Houston Mayor Annise Parker commented recently on the defeat of the Houston Equal Rights Ordinance. As reported by the Washington Blade:

After the defeat of the ordinance, Human Rights Campaign President Chad Griffin told the Blade LGBT advocates should call on TV stations not to run anti-trans ads like the kind seen in Houston, an idea Parker said she endorses. “I think there should be a certain level of social responsibility because while they were horrific ads, they were clearly fear-mongering and deliberate lies,” Parker said.

Anyone is free to organize protests and otherwise make their views known to the media. The problem is that almost all political ads are seen as “unfair”—by the other side. And often, that’s exactly what they are—remember those Democratic ads showing Republicans rolling grandma in her wheelchair over the cliff by supporting Medicare reform.

The Houston ads against the ordinance, raising the spectre of threatening “men” (instead of transgender women) using women’s restrooms, are only more so.

But if the best response advocates of anti-discrimination measures can propose is to pressure TV stations not to run opposition ads, that’s a rather stark admission that they can’t mount an effective counter-argument and organize effectively to get their message out. And that raises comparisons to the recent wave of campus protests that seek to forbid speech that progressives view as advocating incorrect views. It’s all of a piece of the new illiberal intolerance.

More. Mark Lee writes in the Washington Blade:

That whooshing sound you may have heard when reading Washington Blade reporter Chris Johnson’s interview last month with Chad Griffin was likely the air being sucked out of the room due to gasps by First Amendment adherents. The Human Rights Campaign president offered a shockingly stark strategy for avoiding future ballot defeats on nondiscrimination measures such as the recent loss in Houston.

“In politics, there’s often two sides to a debate,” Griffin acknowledged, before dissecting the degree of debate he would tolerate. “There’s also right and wrong, and there’s lies, and there’s defamation of an entire population of people. And that’s what happened in Houston. And so, I am hopeful that in the go-forward we as a community, as an organization, local campaigns can be more aggressive with station managers, quite frankly.” Griffin’s “solution” to losing seems to be roughing-up news stations running opposition ads or reporting on opponent positions, rather than winning hearts and minds. Sort of similar to something Donald Trump might say.

We are collectively losing sight of the fact that the defense of liberty and free speech only matters when protecting the right to expression of unpopular opinion.

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Slandering DeMaoi Worked

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Via NBC-San Diego, DeMaio Accuser Sentenced for Obstructing Justice:

A former aide to Congressional candidate Carl DeMaio was sentenced to five years of probation Monday for using a phony email account to make it appear DeMaio or one of his associates threatened him.

The presiding judge said the slanders “definitely played a role” in DeMaio’s defeat.

LGBT progressives championed the (false) accusations that sunk Carl’s congressional campaign (he had been leading in the polls beforehand). I, however, was skeptical. As you may note, commenters on that thread were not.

Glenn Reynolds at instapundit: “I’m cynical enough to think that if he’d done this to a Democrat, he would have been punished more severely.”

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Syrian Refugees and the Gay Question

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Via the Washington Blade:

Despite anger with three gay and bisexual U.S. House members for voting with Republicans to block Syrian refugees from entering the United States, the head of the Gay & Lesbian Victory Fund says the organization won’t drop support for the lawmakers in the upcoming election.

Well, that’s big of her.

Rep. Jared Polis (D-Colo.), who’s gay; Rep. Sean Patrick Maloney (D-N.Y.), who’s gay, and Rep. Kyrsten Sinema (D-Ariz.), who’s bisexual, were among the 47 House Democrats who voted for the American Security Against Foreign Enemies Act, or H.R. 4038, which passed the Republican-controlled U.S. House last week. The bill would expand background checks on Iraqi and Syrian refugees hoping to enter the United States, but critics say the legislation would have the effect of barring them entirely.

So, the lead is actually misleading, since the measure will only “block Syrian refugees from entering the United States” if you uncritically accept the critics’ viewpoint.

Some LGBT advocates rebuked Polis, Maloney and Sinema for their “yes” votes, arguing members of the LGBT community should support another community facing persecution. Among those critics is Michelangelo Signorile, a New York-based LGBT advocate who said on his Facebook page the votes are “totally shameful” and the Victory Fund “should dump” the three lawmakers.

“Equality should be litmus test of anyone in ‘LGBT Equality Caucus’ in Congress,” Signorile said. “And realize that these individuals voted against desperate LGBT Syrian refugees — there was hope 500 of the refugee spaces would be set aside for them.”

What universe do LGBT progressives like Signorile live in that they seriously think 500 spots were going to be designated for LGBT Syrian refugees?

The debate of refugee acceptance isn’t black and white, and that’s especially true regarding disagreements about the level of scrutiny refugees should undergo. Also, polls have shown that immigrants from Muslim countries are heavily homophobic in their attitudes—that’s simply a fact, as noted here, and here, for instance.

That’s not to say the U.S. shouldn’t accept Syrian refugees, but the issue isn’t as simplistic as demagogues on both the progressive left and the anti-immigrant right are convinced it is.

More. As a coda, the Washington Post reports Gay asylum seekers face threat from fellow refugees in Europe:

What followed over the next several weeks, though, was abuse — both verbal and physical — from other refugees, including an attempt to burn Ktifan’s feet in the middle of the night. The harassment ultimately became so severe that he and two other openly gay asylum seekers were removed from the refugee center with the aid of a local gay activist group and placed in separate accommodations across town..

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Massachusetts’ LGBT Contracting Set-Asides

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Remember when LGBT activists said they only wanted equality, not special treatment. They don’t, either.

In Massachusetts, Gov. Charlie Baker issued an executive order to add LGBT-owned businesses to a diversity program under which a percentage of state contracts is set aside for minority-owned businesses. That is, of course, a way of ensuring preferential treatment in government contracting for businesses not owned (officially) by straight white men.

Eugene Volokh, a law professor at UCLA, blogs:

I wonder: How will anyone know whether a business owner is bisexual? Do you have to say that you’ve had sex with members of the same sex? What if you just say that you’re attracted to members of the same sex? Or is the state relying on the assumption that non-bisexuals would be reluctant to label themselves bisexual, even when that helps them get valuable contracts, for fear that the label will come out to their friends (or to other prospective business partners who discriminate against bisexuals rather than in favor of them)?

And one of his blog commenters asked,”Is there evidence that well-qualified LGBT-owned businesses have been historically disadvantaged in MA government contracting?”

It’s all politics and pandering, of course, and who has got the power now, baby.

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More on Campus Anti-Speech Activism

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Since I raised the “Stonewall” movie fracas in the post below on transgender activism, I’m bumping up the following, which I had added to an earlier post on the progressive campus anti-speech movement.

Robby Soave writes at reason.com, citing Colorado College’s student newspaper, The Catalyst, that LGBT student activists at the college declared that the movie “Stonewall” was too offensive to be shown on campus by the college’s Film and Media Studies Department, which wanted to moderate a discussion about the controversy. Instead, the students demanded that the administration cancel the upcoming screening.

“I think Colorado College should cancel the screening because the safety and well-being of queer and trans students surpasses the importance of a critical discussion,” one student told The Catalyst. Said another: “If CC is really as dedicated to diversity and inclusion, they would never have agreed to screen a film that queer students have repeatedly stated is a threat to our identity and our safety. … It is fallacious to equate the rights of students to view a movie with the rights of students to exist free of violence.”

Soave comments regarding the students’ response to the film, directed by openly gay filmmaker Roland Emmerich, which positively depicts gay people fighting for equality in 1969:

That’s right: the film isn’t merely offensive to gay and trans students (despite having a truly gay-affirming message), it’s actively dangerous to their physical well-being…. This is a complaint emotionally-coddled students often make: that some kind of expression is so triggering that allowing it to proceed constitutes an act of violence. Such complaints are usually pure hyperbole, but hyperbole doesn’t even begin to cover the opinions of Colorado College’s precious snowflakes.

Also, here’s a link to James Kirchick’s piece on the Yale insanity:

If the administration is truly committed to equipping young people for the real world and not a chimerical fantasyland where they never have to hear something disagreeable, the best thing it could do, both for their sake and Yale’s sacred mission, is tell them to grow up.

And another fine piece by Conor Friedersdorf in The Atlantic, The New Intolerance of Student Activism:

They see anything short of a confession of wrongdoing as unacceptable. In their view, one respects students by validating their subjective feelings. Notice that the student position allows no room for civil disagreement. Given this set of assumptions, perhaps it is no surprise that the students behave like bullies even as they see themselves as victims.

From FrontPageMag.com:

Crybullies are everything they claim to abhor. They are narcissists who complain about selfishness. Completely incapable of human empathy, they whine that no one cares about their feelings. They are prone to cowardly acts of violence, but demand safe spaces. They are bullies who say they’re bullied.

The crybully embodies the left. He is an oppressed oppressor. An abusive victim. A self-righteous hypocrite. A loudmouth censor. A civil rights activist who wants to take everyone’s rights away.

Much of that description also fits the heroes of progressivism who use the power of the state to force small, religiously conservative business owners to provide services to same-sex weddings, and destroy their businesses if they refuse (and threaten them with financial ruin, and jail). It’s all of a piece.

More. The Vice President of the University of Missouri Student Association, via MSNBC: “I personally am tired of hearing that First Amendment rights protect students when they are creating a hostile and unsafe learning environment.”

Progressive students are flooding out of the closet—as the authoritarians we’ve always known them to be. Their older mentors should be as honest about their intentions.

Fortunately, some students get it. Via the Harvard Law Record: Fascism at Yale. Yes, let’s call the progressive students’ political beliefs by its right name.

Proving the point: Amherst Activists Demand Re-Education for Students Who Celebrated Free Speech. A coalition of campus progressive groups declared that a poster celebrating the First Amendment was “racially insensitive” and requires “extensive training for racial and cultural competency.”

The list of signatories at Amherst includes Purple Pride, Pride Alliance, Queer Resource Center, and TransActive. Because, you know, what has free speech ever done for gay people.

Finally, Walter Olson’s Campus expression roundup for the week, at Overlaywered.com.

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