Posts Tagged ‘same-sex marriage’

Maryland roundup

Legislature’s back in session and no citizen’s liberties are safe:

  • SB 65 (Benson) would require gas station dealers to maintain operational video cameras and retain footage for 45 days [Maryland Legislative Watch]
  • HB 20 (GOP Del. Cluster) would require all public schools to hire cops [Gazette, MLW]
  • SB 28 (Frosh) would lower burden of proof for final domestic protective orders from “clear and convincing” to “preponderance of the evidence” [MLW, ABA] One problem with that is that orders already tag family members as presumed abusers in the absence of real evidence, are routinely used as a “tactical leverage device” in divorces, and trip up unwary targets with serious criminal penalties for trying to do things like see their kids;
  • Driving while suspected of gun ownership: what unarmed Florida motorist went through at hands of Maryland law enforcement [Tampa Bay Online] 2014 session in Annapolis can hardly be worse for gun rights than 2013, so it stands to reason it’ll be better [Hendershot’s]
  • State begins very aggressive experiment in hospital cost controls: “I am glad there is an experiment, but I’m also glad I live in Virginia.” [Tyler Cowen]
  • Scenes from inside the failed Maryland Obamacare exchange [Baltimore Sun] Lt. Gov.: now’s not the time to audit or investigate the failed launch because that’d just distract us from it [WBAL]
  • Corridors run pink as Montgomery County school cafeterias battle scourge of strawberry milk [Brian Griffiths, Baltimore Sun]
  • Plus: A left-right alliance on surveillance and privacy in the legislature [my new Cato at Liberty post]
  • How did Maryland same-sex marriage advocates win last year against seemingly long odds? [Stephen Richer, Purple Elephant Republicans citing Carrie Evans, Cardozo JLG; thanks to @ToddEberly as well as Carrie and Stephen for kind words]

December 3 roundup

  • The law blog that almost brought down ObamaCare [Trevor Burrus, Cato] “In Government, Nothing Succeeds Like Failure,” public policies being hard to adjust when they go astray [Peter Schuck, HuffPo]
  • Sexual harassment claim: “Attorneys awarded more than 600 times damages in Calif. case” [Legal NewsLine]
  • KlearGear, of non-disparagement fame, reaps the online whirlwind [Popehat, Public Citizen, Volokh, earlier]
  • “What if American Exceptionalism, properly understood, really boils down to associational liberty?” [Richard Reinsch, Liberty Law] Do religious-liberty carve-outs in same-sex marriage laws go too far, not far enough, or neither? [Dale Carpenter et al. vs. Richard Garnett et al.]
  • What jury didn’t hear in qui tam award against pipemaker JM Eagle [Daniel Fisher, more]
  • Majority of appointed commissioners on Consumer Product Safety Commission is is no hurry to reduce inordinate CPSIA testing burdens, per retiring commissioner Nancy Nord (more);
  • Woman who claims to own sun says she prevailed in lawsuit brought by man who claims to own universe [Lowering the Bar]

ACLU on wrong side of wedding photographer case

I’ve got a new post at Cato asking how that could have come to be. Earlier on Elane Photography v. Willock here, here, etc.

Reacting to my Cato post, a couple of readers have responded, in effect: Isn’t the ACLU just a doctrinaire Left-liberal organization these days, rather than a bulwark of civil liberties? To which my answer is: I’d describe it as an organization with lively internal divisions, some factions of which push it in a doctrinaire Left direction, others of which want it to be more of a robust civil liberties organization. (As witness last year’s “Mayors vs. Chick-Fil-A” controversy, in which the ACLU of Illinois took a strong and clear civil libertarian stand while the ACLU of Massachusetts seemed to lean more toward a doctrinaire-Left position.) Some speak ironically of the “civil liberties caucus” that soldiers on thanklessly within the ACLU. I want to encourage that caucus and let it know it is appreciated. (& Stephen Richer/Purple Elephant, Coyote).

Interviewed on ENDA

Caleb Brown interviews me for Cato on the politics and policy of employment discrimination laws. I’ve also done interviews with Voice of America (updated: article with video here, at 1:45; higher-def video here), St. Louis’s KMOX, Mark Reardon show and Bay Area public radio station KQED with Michael Krasny (includes audio link), where I had a chance to promote my much-missed friend Joan Kennedy Taylor’s excellent Cato book on workplace harassment. My Cato post on the subject of Friday is here and reactions here. More press coverage: Naureen Khan, Al Jazeera America (symbolism a poor reason for or against bill); Nick O’Malley, Sydney Morning Herald (my views contrasted with Andrew Sullivan’s), Robin Shea, Employment and Labor Insider, Deseret News (opinion roundup including USA Today’s), Tim Carney/Washington Examiner.

Why I’d vote against ENDA

[bumped from original Friday posting due to interest in the issue and many new links] I’ve got a new post on the Employment Non-Discrimination Act (ENDA) just up at Cato. More: Stephen Miller; similar takes on the issue, Stephen Richer, Purple Elephant and Daily Caller, Libertarian Jew, Coyote, David Bernstein.

More, all citing my post: Andrew Sullivan, who is now tepidly in favor of the bill; Peter Weber, The Week; Scott Shackford, Reason; Paul Mirengoff, PowerLine; Doug Mataconis, Outside the Beltway; Ray Hennessey, Entrepreneur and also at Reuters; Hans Bader, CEI; Jordan Weissman, The Atlantic, Jon Hyman/Ohio Employment Law, and USA Today editorial (contra).

A slippery slope to polygamy?

I don’t think everyone who supports same-sex marriage is logically obliged to support polygamy, and say so in this post taking issue with columnist Mona Charen. She responds here.

P.S. More thoughts from Eli Lehrer at Huffington Post (“Gay marriage is increasingly accepted precisely because its results, to date, have been good for society. Polyamory on a large scale would have negative short-term results and that’s a good reason to think it’s just not going to happen.”).

My letter in the WSJ: antidiscrimination law and religious liberty

I’ve got a letter in the WSJ:

In claiming that “Gay Marriage Collides With Religious Liberty” (Houses of Worship, Sept. 20), Mollie Ziegler Hemingway conflates the effects of antidiscrimination law with the effects of recognizing same-sex marriage. Many of the conscience cases she cites involving private businesses arose in jurisdictions that don’t recognize gay marriage, and most would reach the same legal result so long as local antidiscrimination laws remain in place, whether or not the law on marriage has changed….

I go on to note that anti-discrimination law for years now has been obliging some small businesspeople to enter business dealings inconsistent with their private conscience, as when bed and breakfasts are obliged to accommodate unmarried cohabitants, or owners of print or video-duplication shops are obliged to duplicate literature promoting causes they abhor, whether religious or secular. So far as I can tell, we libertarians are the only group that has consistently raised alarms over the years about this coercive effect; most social conservatives have tended to ignore the area until quite recently, and of course the typical position of modern progressives is to see few if any real issues of concern here. Mollie Ziegler Hemingway, I should note, says I wrongly assumed that she writes from outside the libertarian tradition; Twitter exchange on that here.

Some recent links on these controversies: Elane Photography (New Mexico) and followup; Oregon cake bakers; Arlington, Va. video-duplication shop, first, second, and third posts. I wrote about the relations between religious liberty, libertarianism, and social conservatism here (more, and yet more on Twitter with columnist Tim Carney). More: Bainbridge, Stephen Miller/Independent Gay Forum.

Latest liberty cake wreck

In Gresham, Oregon, it’s anti-discrimination law 1, free association 0 as a family business that cited religious beliefs in declining to make a wedding cake for a lesbian couple, and was hit by an enforcement action as a result, shutters its retail shop in favor of baking from home. Oregon does not recognize same-sex marriage, which (as in the parallel New Mexico wedding photographer case) makes clear that the intrusion on individual liberty here arises from anti-discrimination law as applied to so-called public accommodations, not from marriage law. [Shackford, Reason] Related: “Religious liberty depends on right-of-center gay marriage advocates” [Stephen Richer, Daily Caller]

Discrimination law roundup

  • Litigious anti-feminist loses case alleging that Manhattan club’s expensive bottle service for old men, free drinks for young women violate bias law [NY Mag, NYDN]
  • “Hospital cannot ban all service animals from psych ward, federal judge rules” [ABA Journal] “New Yorkers use bogus ‘therapy dog’ tags to take Fido everywhere” [NY Post via Althouse]
  • Canada: foes seek to prevent opening of evangelical law school in B.C. [CBC, Jonathan Kay/National Post, Globe and Mail editorial, TaxProf]
  • Related: broad religious exemptions in anti-bias law make good complement to same-sex marriage [Ilya Shapiro/Cato, my take] Gay couples must also live and let live, or else liberty is in for some cake wrecks [Bart Hinkle, Richmond Times-Dispatch]
  • Hiring based on IQ testing: widely regarded as legally suspect, but mostly tolerated in practice? [Bryan Caplan]
  • “‘Borgata Babes’ lose weight bias suit; judge says casino policy was legal” [ABA Journal, earlier]
  • 2009 expansion of federal hate-crimes law headed for a court challenge? [Josh Gerstein, Politico]