Speaking of Love…

A friend of mine takes some sort of twisted delight in sending me the Indiana Family Institute’s newsletters. I think he just enjoys my incredulous reactions.

The latest one was filled with “the usual suspects.” Planned Parenthood is prowling the state killing babies, the poor economy is another consequence of our departure from morality–or something. And of course, allowing same-sex couples to marry is no different from incest or pedophilia.

Really?

Are people really unable to distinguish between a relationship that rests on the mutual love and desire of willing, consenting adults and those in which a person in a position of power abuses that power to exploit someone younger and/or weaker?

I’m not a fan of government intrusion into private, consensual relationships. If you and your significant other get your kicks hanging from the chandeliers or making love in wet suits, it really isn’t the business of the state to intervene. If, on the other hand, realizing your fantasies requires the “participation” of children under the age of consent, government has the duty and obligation to prevent that. The difference isn’t that hard to see.

Those who insist that same-sex marriage is a slippery slope to a hellish society in which marriage itself has lost all value have been making that argument at every social turn. Divorce would destroy the family. Women working outside the home and birth control would thwart God’s plan.

These attitudes are part of a fantasy world–a remembrance of imagined times past when children weren’t born out of wedlock, grandma and grandpa’s marriage lasted sixty glorious years, and grandpa went to work every day to support a passel of kids (none of whom, of course, were gay). As social scientists remind us, that wasn’t the way it ever was. At the turn of the last century (1900), thanks to death and (common) desertions, the average marriage lasted 12 years. Fully a third of women were pregnant at the time of their very early marriage. Men had no legal obligation to support their children until the 1920s, and plenty didn’t.

Every social change makes people uncomfortable. Those who simply can’t deal with the discomfort–those who feel diminished by changes in the culture and by efforts to the include others at the table–are sad reminders of how fragile the human ego can be, and a cautionary tale about how and why people hate.

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A Peek in the Mirror

Ross Douthat is a conservative columnist at the New York Times (given David Brooks’ frequent forays into non-ideological common sense, it would not be inaccurate to say he is THE conservative columnist there). This morning’s column displayed an interesting combination of obtuseness and dawning recognition of political reality.

Douthat joins other conservatives who simply cannot fathom why Romney isn’t walking away with this election. He goes through several possible reasons–identifying “villains” like the “liberal education establishment” that has shifted the culture to the left–before settling on the likely culprit. And that culprit is…George W. Bush! He’s the one who destroyed the party’s brand!

Now, Bush clearly deserves a good deal of blame for the electorate’s distrust of GOP competence. But nowhere does Douthat suggest that the ham-handed Romney campaign with its wooden candidate might have something to do with the current status of the race. And only at the very end of his column does he grudgingly admit that the party doesn’t seem to have learned anything from the disaster in Iraq and the rape of the middle class by the bankers and other Masters of the Universe.

Conventional political wisdom tells us that “it’s the economy, stupid!” So Douthat and other conservative pundits are mystified by the increasing likelihood of a second Obama term.  What seems to have escaped them is yet another timeworn political adage: “you can’t beat something with nothing.”

You can’t beat a sitting President with a deeply flawed candidate whose only persuasive argument is that he isn’t Obama. And you can’t beat a party that reflects the ideas and aspirations of a diverse and ever-changing electorate with a party composed mainly of rigidly ideological old white guys.

As the GOP keeps reminding Obama, you can’t blame George W. Bush for everything.

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Getting It Backward

In a recent article about the experiences of gay Supreme Court clerks, I came across the following paragraphs:

Justice Antonin Scalia, joined by Rehnquist and Justice Clarence Thomas, has authored some of the most caustic dissents against gay legal rights. In his dissent in Lawrence v Texas, Scalia said the majority had “signed on to the so-called homosexual agenda … directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”

Asked last month in an interview about his dissents in past gay-rights cases, voiced from the bench as well as in his written opinions, Scalia said he was merely reading the Constitution, which he says does not cover a right to same-sex relations: “Where does it come from?” he said. “This is a trendy view of the current society elite. It’s not right to impose it on everybody else. It’s a democratic question. If you want to permit homosexual sodomy, then pass a law.”

This betrays a profound misreading of the Constitution and our most basic approach to the role of government–a misreading that Scalia himself would scorn in a different context.

One of the very few things the Tea Party folks get right is their insistence that rights precede government. Their formulation is that rights are “god-given”–I won’t go that far, but I agree with the Founders that humans have rights simply by virtue of being human, that we are born with “inalienable” rights. The Bill of Rights is a list of actions that government is forbidden to take—actions that would violate those antecedent rights.

The language in the Ninth and Tenth Amendments–amendments that Scalia the “textualist” rarely mentions–is pretty explicit on the point, providing that failure to “enumerate” a right in the preceding Amendments is not to be taken as evidence that the right was not protected. That language was included in order to calm the fears of folks like Alexander Hamilton, who argued that the government of delegated powers that the Founders had created had been given no power to infringe fundamental liberties, and worried that a written Bill of Rights would inevitably omit some important ones.

The Constitution doesn’t explicitly protect a right to have children, or a right to travel, or any number of other rights the Court has had no difficulty recognizing as protected. We would rightly consider it absurd if a Justice of the Supreme Court said something like “If you want to allow people to have children, pass a law.” A majority of the Court–unlike Scalia–understands that we don’t comb through the Constitution to find out whether government, in its infinite wisdom, has conferred a particular right on We the People.We look to the Constitution to see whether government has been given the right to interfere with a particular liberty.

And I don’t find anywhere in the Constitutional history or text where government is given the power to decide who has human rights.

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Those Tantalizing Tax Returns

As everyone on the planet knows by now, Mitt Romney is not going to release more than one year of his tax returns.

And as every parent on the planet knows, there is nothing–nothing!–that will intensify children’s interest in something like being told they can’t see or do it. And come to think of it, adults have a similar tendency to fixate on what is seemingly out of reach.

In the last few days, we’ve had two examples of this phenomenon: hackers who claim they have obtained copies from PriceWaterhouseCooper have threatened to release the returns if they aren’t paid a ransom; and Larry Flynt (yes, he of Hustler ‘fame’) has offered a million dollars to anyone who will deliver the returns to him.

You’d think they’d get together….Maybe they still will.

These new efforts come on the heels of what may be the biggest political gambling operation outside Intrade–a robust market in rumors about what could possibly be so damaging in those returns. It is intriguing. Romney’s intransigence about his tax returns adds one more element to the shady public persona he has projected. (A Facebook friend recently asked “Is anyone else waiting for Romney to offer a great deal to put you into a 2012 Malibu?”) What can he be hiding that would hurt him more than the secrecy does?

It isn’t only the refusal to release his taxes. As the Presidential campaign goes on, it becomes more and more apparent that Romney’s entire strategy was to make the election a referendum on the incumbent. That wasn’t a bad idea; with the economy still sluggish, and many people still very uncomfortable with Mr. Obama’s perceived “otherness,” making the choice all about the President made some sense. (When you add in Mr. Romney’s own wooden demeanor and general lack of warmth and likability, it makes even more sense.)

Making the election about Obama does not relieve the Republicans of the duty to run an actual candidate. But that’s what they’ve done. Even the media–obsessed with the “horse race” and generally oblivious to policy–has complained about the absolute absence of specifics to back up the vague platitudes coming from the Romney-Ryan ticket. The message has been “fire Obama and we’ll do better,” but there has been no explanation of how–no description of the steps Romney would propose to take, or how his administration would differ from either Barack Obama’s or George W. Bush’s.  We are left with “trust me.”

If you are going to center your campaign on a message that essentially says: “Voters, you need to fire the incumbent and replace him with a more trustworthy person who is a better manager,” then at an absolute minimum you at least need to demonstrate that you are that trustworthy, competent person. You can’t also ask us to take your own character and capacity on trust. But that is exactly what Romney is doing by refusing to release his tax returns.

He is asking voters to fire Obama and hire an empty suit.

Whatever is in those tax returns must really be damaging.

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