Feeds:
Posts
Comments

Archive for the ‘Disrespect of Rule of Law.’ Category

The most powerful word in the country today is… “Offensive”.

The words of a Facebook acquaintance hung there on the group page, taunting my mind away from a more basic Sunday morning meditation.   It worked, and my mind started milling the words, prompting my immediate rejoinder “If that were true, it would work for everyone, non?”

But the more I thought about it, the more I came to consider the “wrongness” that lead to the statement being made in the first place.  I realized that it isn’t about the rank hypocrisy that sees nothing wrong with an entitlement for some people to invoke “offense” as a means to stop discussion, debate, questions, behavior or beliefs they do not like, but is incapable of even considering that other parties might be offended by the discussion, debate, questions, behavior or beliefs of the those invoking “offense”, let alone capable of invoking “offense” themselves.

Don’t get me wrong.  I think being able to end all discussion, debate, questions, behavior, or beliefs by claiming to be “offended” is unhealthy for a free society, offensive to liberty, and childish in the extreme.   As long as it is impossible to have an honest conversation, because it will almost certainly “offend” someone, it will be impossible to address any issue of import.  It doesn’t take long before this will lead to financial impairment, social impairment, and impairment of national security. (See President Obama, Second Term)

But the really, really odious part if this is that I often hear “Offense” uttered like an incantation from many of the same people who speak of “reason” being superior to faith, and a basis for them to assume an intellectual superiority that they clearly haven’t earned, while they often put faith in “facts” that have expiration dates due to constantly changing nature of scientific paradigms.  The illogic of presuming that rights which are guaranteed by law are subject to override if only they can apply their completely subjective responses to the exercise of those rights would be laughable if it wasn’t pursued with such zeal and dedication.  Orwell himself couldn’t have conceived of the sheer scope of the vanity and delusion that have combined to impose a bizzaro-world rhetoric to such a degree that sincerity and directness are relegated to criminal status.

The saddest aspect to this current state of affairs is that too many of us allowed ourselves to be cowed by this practice, as if offending someone, or at least those granted a de facto privileged status by the arbiters of acceptability, is a combination of the worst sin and the worst crime that a person can commit.  The fact is that this extraordinary power and cancer on society wouldn’t be powerful at all if we didn’t let it.  But this requires a boldness to push back, that too few have the backbone to exhibit.  Start responding by saying “SO???”  Ask them to explain why they are suffering from the alleged “offense”.  Put the onus on them to prove why it should matter to you, and to everyone else, rather than giving what has morphed into a generic and reflexive complaint the presumption of legitimacy without the burden of proving it.  It is your duty as a citizen and a member of society to engage people who don’t want you to engage in an honest discourse.  It is your birthright to be able to do so without the threat of sanction by government, or those who want to destroy the very way you live, and censor your very thoughts.

STAND.  BEFORE IT IS TOO LATE.

Read Full Post »

I’m ashamed to admit that I was amused for a bit.  When the Hobby Lobby decision was first handed down, the deluge of butthurt and really bad analysis from the Left was entertaining.  It offered a glimpse into a mindset that has been wrongly conditioned to think that religion was something confined to various buildings dotting the landscape of the country for a few hours a week…a diversion for people not smart enough to take advantage of an opportunity to sleep in, rather than a deeply held conviction that guides the actions of those who believe, and that as such, will be expressed in the actions taken by the holders of those beliefs, including what they do, and what government may try to force them to do, with their own property.

But the howls continued.  The vitriol continued.  And expressions of hatred were aired without restraint or condemnation, once again giving lie to the Left’s own sermonizing about civility and tolerance.

As a student of history, I wasn’t disturbed by the Hobby Lobby ruling, because it brought about the correct result.  I was disturbed by the fact that it wasn’t a unanimous ruling, which in and of itself shows just how far we have strayed from first principles.  And as the wailing and gnashing of teeth continued to grow into a low roar, fueled by ignorance and indigence that someone should be allowed to dissent and not participate in the high holy sacrament of killing unborn children, I saw yet more confirmation of a clash of beliefs being perpetrated by a creed that is still inexplicably permitted to masquerade as value neutral, when it is nothing of the sort.  Secularism as practiced today has death at its heart, and as such it can be nothing but a cancer that is embraced and nurtured by too many in society until the tumor in our collective head has grown so large that it threatens the very nature of who we are as a people.  Our society still utters the expressions of freedom, but does so in contradiction to the convictions that inform our actions.  These soulless supplications are offered both as ruse, and rebuke, intended to convince the less vigilant among us that there is no cause for alarm, and to portray the watchmen as hysterical and ridiculous.  And in this climate, usurpations and entitlements are magically and mystically transmogrified into “rights”,while real rights, which government is obligated to protect and defend, are consigned to wither and fade in the shadow of the “rights” “given” (and protected by nothing other than) by the artifice and caprice of government, which is more interested in redistributing private property and the bounty earned by it, than in defending it.

A healthy society is one that understands that morality is a cultural necessity.  No society has long lasted when every man has done right in his own eyes, without a common frame of reference to which everyone can refer.  Government works best when it accepts and codifies those guard rails which delineate the boundaries between what is acceptable and what is not.  It is an unhealthy society which rejects what has been shown to have value, and provide a framework that allows society to grow and thrive, in favor of a government that assumes the mantle of moral authority based on what it determines is true, is right, and is acceptable, because there is no anchor for any of these determinations other than the desires of 50% +1.  Some may say that this sickness is a product of the 20th Century.  I’ve come to understand that the body politic has been infected with this particular hubris from much longer, but I do think that it accelerated, at an exponential rate, in the 20th Century.

The standing complaint of human degeneracy remains against us.  Causes have been operating—and of late years with fearful rapidity and strength—to produce a state of moral obliquity and practical atheism among us, appalling in magnitude and of alarming consequence.  It has become of late quite customary to sneer at the Puritanism of our fathers, and to speak with contempt of the severity of their manners and the bigotry of their faith.  This impious treatment, by the present corrupters of society, of a generation of men whose lofty principles and illustrious virtues they seem utterly unable to comprehend, is well adapted to not only arouse the deepest indignation, but to excite the most lively concern.  There are two quarters from which these evil influences chiefly proceed.  A class of men without conscience, and reckless of all moral restraint, have gained ascendancy in the public favor, and assume from their prominent position to mould and direct the public sentiment of the nation.  Their general influence upon the public morals has been like the wind of the desert, –poisonous, withering, and destructive.  Another and very large class of men moving in the lower walks of life form a significant element of our American population, whose hard and vicious instincts , gratified without compunction and paraded everywhere in the most offensive manner, would seem to render them well-nigh incapable of reformation.  Apparently insensible to all the nobler sentiments of public morality and virtue, and ever ready to perform their congenial part in the general demoralization the demand that all the higher classes shall pander to their depraved appetites, as the price of their patronage and support.  In this reciprocal play of the baser passions the common principles of morality are daily sacrificed, and the strong and the weak join hands in carrying down the nation to the very verge of ruin.  No man can observe the conditions of society in our country, and the obvious impulses of human conduct, without feeling that the perils against which the fathers warned us, and which have so faithfully and constantly pointed out ministers of religion, have, not withstanding, increased at a fearful rate, without seeing the most alarming departures from the standard of individual rectitude and social integrity have occurred among us within the century that is past.
Byron Sunderland, Washington D.C., April 14, 1863.

And now we have come to a point where a vocal segment of society have decided that a recognition that someone else’s right to not participate in the use of a substance or device that they personally find repugnant to their faith should be subordinate to government’s “ability” to make them pay for another’s choice to use such substance or device.  We have come to that point where a recognition of the right of conscience is considered to be a “denial of access” and abridgement of the recipient’s “right to choose” with their benefactors money.  And those who protest loudest because they see in this recognition a threat to a river of blood money so long and casually extorted from the taxpayer feel absolutely no guilt in their perversion of terms and concepts in their efforts to gin up outrage against the affirmation of the obvious, which is still obviously stated, and has remained such in a more than a century’s worth of a campaign of deception and subversion by their own design, because honesty in their intentions never would have obtained the support they otherwise enjoyed.

Read Full Post »

1.  Getting up early and being informed is for suckers.
The nice thing about being President is that your daily calendar is published for God and the whole world to see.  The bad part is that everyone can see that the current occupant of the West Wing doesn’t do that much.  Maybe everything George W. Bush’s fault six years into the new administration because he actually started his day before 10 am, and actually attended security briefings.

2.  At no time was anyone in the Obama Administration actually aware of what the Obama Administration was actually doing.
It doesn’t matter what the issue is.  Gun running to narco-terrorists south of the border?  Nope, they knew Nussink! One-size-fits-none “health care” in the VA being rationed to the point of death? Thank you television news for bringing it to our attention.  IRS targeting of groups with opposing political affiliation? The Devil you say! (These aren’t the emails leading to the White House that you’re looking for) An ambassador and his defenders attacked and a President MIA while those brave Americans died calling for help?  Damn that film maker for posting a movie that the jhadis probably didn’t have any means to watch anyway!  We took over a car maker in bankruptcy, but at no time were we aware of any mammoth manufacturing defect for which we fined the car company a record fine for attempting to cover up, while we were the ones owning the company.

3.  Every situation and scenario can be adequately addressed with a furrowed brow and a stern condemnation.
No matter the crisis, no matter the problem, no matter the failure of the person who asked us for the job twice, the answer is the same.  Words of outrage, a furrowed brow, an empty gesture.  I’d pay real money to hear someone, anyone in the White House Presstitute Corpse ask Spokesclown Jay Carney why the empty suit who keeps saying “I will not rest until…” has to take so many vacations and starts his day so close to Noon every day.  What would be better is if that is followed by another member of the Presstitute Corpse following up by channeling Inego Montoya by saying “He keeps saying “I will not rest until…”, but I don’t think that phrase means what he thinks it means.  I don’t see bags under his eyes, and they don’t appear to be bloodshot, either.”

4.  If a problem isn’t solved by throwing money at it, then the only answer is to throw more money at it.
The pResident who campaigned on fixing the problems with the VA made sure that more money got put into the VA, and in the face of some questions from the Presstitute Corpse on the continuing failure of the VA, his spokesidiots are quick to point out that he’s made more spending on the VA a priority throughout his tenure.  That’s it.  The only tools in their toolbox are to say that they are “Mad as hell” and throw more money at the problem.

5.  Accountability is a word to be spoken when campaigning and in front of microphones when your failure can no longer be concealed.
But at no time does it ever mean that someone should actually lose their job because things went wrong and people died on their watch.   Because if such a thing were to happen, someone might get the idea that the buck should actually stop with the occupant of the Oval Office, and then he’d have to pay for his family’s extravagant lifestyle.   But as a famous member of this administration once famously asked “What difference does it make?”

6.  There is no lie too big, too stupid, or too insulting to say in an attempt to deflect deserved criticism and anger.
At no time has this administration ever acknowledged the first rule of being in charge, which is that EVERYTHING is your fault.  In the magical world of the Obama Administration, government is the answer to every question, and when government fails, it is:

(a) George W. Bush’s fault;

(b) Your fault, because you have some misguided notion that government’s authority is actually limited because it cannot hope to do many of the things it attempts in a responsible and efficient manner;

(c) ATM’s;

(d) George W. Bush’s fault; and

(e) Someone, anyone else’s fault…be it a film maker, or 1/2 of 1/3 of government…anyone but the person who asked to sit in the big chair and be the chief executive.

7.  Laws are for other people.
I’ve written extensively about the lawlessness of this administration, and how we are only a nation of laws when they can be applied to opponents, not members of the administration, and their own ultra vires activities…a legacy that is corrosive to society, because it correctly creates the impression of selective enforcement and punishment, and because it fosters a contempt for the law and legal processes as a means of peaceful dispute resolution.  These are hallmarks of a banana republic, not a constitutional republic.

8.  You don’t have to deliver results.
All that matters is that you convince people that you just care more than the other guy.  Which is why this administration doesn’t deliver results (well, that and the fact that they have no idea how to do so), but they do a hashtag selfie better than any other government in the world.

Read Full Post »

I know, I know…since the dawn of the Obama Era, irony has become as ubiquitous as the sunrise, and through its cumulative effect, toxic to the Republic, which I’m sure is all part of the plan.  Nonetheless, after a week like this one, I can only conclude that our self-appointed betters and “thought leaders (now there’s an irony for you)” have decided that they have succeeded in creating a climate of apathy and ignorance so strong that no statement, and no circumstance is too outrageous to tumble from their lips.  The sad thing is, I think that they might be right, as this week seems to prove…

First on this week is the “Reverend” Al Sharpton.  Yes, the “drug informant” Al Sharpton, who brought us this spectacularly polished turd:

“I think that the message is, no matter what the world may do to unfairly, no matter how your crucified, nailed to the cross at home, or in your personal relationships, or on the job that you can rise if you don’t lose yourself during the hard times and the challenges.["]

Put aside the garbage where he’s trying to link the meaning of Easter to Barack Obama.

This is really, really bad theology.  Easter is about sin, a price that mankind would never be able to pay for redemption, and the willing sacrifice of God’s son to pay that price for ALL OF US, and to conquer death.  That doesn’t happen without Christ, no matter how much those who worship government try to convince us that we are the ones we’ve been waiting for.  An awful lot of rhetorical sulphur he’s preaching.  I think he might want to study up on what the book says about that kind of behavior.

Next up are the usual suspects with regard to Chelsea Clinton’s announcement  at the “Girls No Ceilings Conversation” event in New York City:

“One more thing to say very quickly,” the 34-year-old addressed the crowd. “Mark and I are very excited that we have our first child arriving later this year. I certainly feel all the better whether it’s a girl or a boy that they’ll grow up in a world with so many strong female leaders…”

Now, given the positive reaction from the crowd, one can only assume that they believe that she will be going to a store and purchasing a baby when she thinks that the time is right, because otherwise, she would be referring to a lump of cells that she has a sacrosanct right to terminate at anytime because it isn’t a “child” or “baby”…at least that’s what wymyn’s groups and blood money grubbers like Planned Parenthood keep telling us.

Hillary couldn’t help but to also chime in:

“I’m expecting a grand child which I’m very excited about. We’re very excited about what’s happening in our family but we’re also very excited about what we’re doing.”

Congratulations, kid.  Grams needs a political prop, so you get to be born!

And our final entry on this week’s hit parade.  Fresh off of questions regarding his son’s motivations for wanting the land that Clive Bundy ranches on in Nevada, and scrutiny of the connections between himself and the head of the Bureau of Land Management (and after previously being in the news for diverting campaign funds to his grand-daughter), Harry had this to say about the Federal Government’s aborted attempt to “shock and awe” the prickly rancher in to submission to his Federal betters:

 “Well, it’s not over. We can’t have an American people that violate the law and then just walk away from it. So it’s not over,” Reid said.

Given Harry’s misappropriation of campaign money and his apparent intimate knowledge of private citizen’s Federal tax returns, such as Mitt Romney, the Koch Brothers, and Clive Bundy, I guess that means that we’ll soon be treated to the sight of Harry “I-Never-Met-A-Budget-I’d-Pass” Reid being marched out of the Senate in handcuffs.

Yeah, I know.  The law is only for little people, and those who happen to not be Democrats.   Yea for “fundamental change”.

 

Read Full Post »

Normally, I’d be fine with “leaders” who make declarations demonstrating their unfitness for office, but we aren’t living in “normal”, and haven’t been for sometime now.   Now, when it happens, it is as much an indictment of us as it is of the one doing the declaring.

The latest example?  Jeb Bush.

From this piece in Breitbart:

“I’m going to say this and it will be on tape, and so be it. The way I look at this is someone who comes to our country because they couldn’t come legally, they come to our country because their family’s dad who loves their children was worried that their children didn’t have food on the table, and they wanted to make sure their family was intact. And they crossed the border because they had no other means to work to be able to provide for their family. Yes, they broke the law, but it’s not a felony. it’s kind of — it’s a — it’s an act of love. It’s an act of commitment to your family. I honestly think that’s a different kind of crime that should be, there should be a price paid, but it shouldn’t be — it shouldn’t rile people up that people are actually coming to this country to provide for their families. And the idea that we’re not going to fix this but with with comprehensive reform ends up trapping these people, when they could make a great contribution for their own their families but also for us.

So I think we need to get beyond the harsh political rhetoric to a better place. The great number of people who come to this country come because they have no opportunities in other places. They may love their country, but they come here because they want to provide for their families. And they can make a contribution to our country if we actually organized ourselves in a better way.”

Jeb is fully infected with the politician’s disease…that horrible malady which declares that there can be no limit on generosity and compassion, when rendering both with other people’s money.

Jeb sees future voters, and is willing to look past their willingness to break our laws, and take what a select few profit from offering.    And “an act of love”?  Really?  “I love you so much I’ll break another nation’s laws in order to take from that country and society as much as I can for you.  I love you so much that I’ll risk the separation of our family.” is not an expression of love that is cognizable to those familiar with the concept.   But then I don’t believe that breaking the law to come here sets a good example for my family anyway.

And “They may love their country, but they come here because they want to provide for their families.” is a line that should forever shame this man.  I love my family, and I love my country.  That’s why I live here.  And Jeb should love his countrymen and his country enough to understand why borders matter.  Why immigration matters.  And why the integrity of both matters.   And I’m ashamed that anyone even being discussed as a future Presidential candidate refuses to see this as a cultural and a national security imperative.  The fact that he’s a Bush in a post-9/11 world only makes this that much more problematic.

Read Full Post »

With a government based on the rule of law becoming increasingly lawless with every passing day, I find the subject of rebellion on my mind more and more.  I don’t mean rebellion in the sense of the contumacious response that many of our forebears reserved for those who disregarded the notions of individual rights and liberty in favor of a distant sovereign.  I mean a deliberate and conscious effort to hinder the designs of those who “rule” without understanding, and who turn the notion of consent of the governed around so that the governed must seek the consent of the government.  Indeed, when we are burdened with a President who has voiced criticism of the Constitution that characterizes it as a “charter of Negative Liberties”, and laments the fact that it has in the past prevented government from working a top down, fundamental change, including redistribution of wealth, as a means to work “social justice” upon the country, and without a trace of understanding that this has been a feature and not a bug, reasonable men and women will observe that these are not normal times.

It is hard to maintain a fealty and respect for the offices of government when its scrutiny and muscle render so little of it those it was intended to serve.  And as the single biggest usurpation of power ever devised by man, the cruelly and ironically titled “Affordable Care Act” continues to harm Americans in greater numbers than it “helps”, despite the Administration’s near constant extra-Constitutional efforts to delay implementation of some of its more onerous provisions, I suspect that I am not the only one considering rebellion, in a myriad degrees.

I fear the disruption and chaos that would come with an open insurrection.  But with a government that disregards any semblance of limitation upon its power, or any regard for ours, I find it difficult to believe that things will improve of their own accord.  As corruption becomes the norm, and as government wears less tolerant of competitors and critics, I suspect that acts of rebellion, large and small, will become commonplace.  Lawlessness begets lawlessness.  Selective enforcement is no different from arbitrary and capricious fiat, save for the window dressing of legitimacy conferred by the fact that what is being selectively enforce having actually once been enacted by a legislature.  Without a common moral compass to act as a moderating influence, I have little faith that once contempt for the rule of law is shared equally by those charged with enforcing it, and those meant to live under it, that bloody retribution will not be a fatiguing fixture of daily life.  And still, it comes, along with the day when each person will have to decide how far is too far, what trespasses are too offensive, and what intrusions are intolerable.  As that decision is arrived at, the legitimacy of government will evaporate like morning fog on a summer lake, because once those charged with maintaining the peace have abrogated the birthright of our citizens, the social compact will be swept away, leaving those with no understanding of the philosophy and history of our legal tradition to make the laws.

25 In those days there was no king in Israel; everyone did what was right in his own eyes.
Judges 21:25

Read Full Post »

A friend of mine posted a link to an article this morning he prefaced with the question “Is sacrificing your religious liberty the price of market participation?”  The article, by Benjamin Wiker, entitled “The Religious-Liberty Quagmire to Come” discusses a recent Slate article sympathetic with the current HHS mandate overreach in which government attempts to abrogate the rights of people to exercise their religious liberty with their property, specifically duly chartered legal business entities.

The article’s author opposes the viewpoints expressed in the Slate article, by author Dalia Lithwick.  I oppose them also, but on grounds originating not just in my studies, but also by practical experience and logic.

The first point raised is this:

Lithwick argues, first of all, that corporations are distinct entities from individuals.

This is true in a literal sense.  Corporations have a legal identity that are separate from their owners in the same way that I have a legal identity that is separate from my oldest son.  You’ll note that I did not use my wife in that example.  It was not an accident.  While she is indeed an entity that is distinct from myself, we happen to live in a community property state, so we “enjoy” the dual status of having distinct legal identities, while legally being considered as having the same legal identity for legal, and more to the point, commercial, purposes.  This reality is imposed upon us by the state, which applies this status based upon an action we took based on a shared religious conviction, and retain based upon that same shared religious conviction.  We are each “owners” of that resultant fictional legal entity known as a “marital community”, which, at least in our case, exists and acts in both personal and commercial transactions in ways that express or are the result of our individual religious beliefs.

While individuals can have religious beliefs, corporations can’t. Once you establish a corporation, it is automatically a secular corporation.

This is what we called in law school a “false starting premise”.  The reason is simple.  The state’s blessing to act as a corporate entity does not automatically confer a “secular” (like the author of the piece, I also object to the common use of the word “secular”, and for the same reasons, however, for the purpose of this essay, I will use it in the context of the incorrectly presumed “neutrality” in which it is often used) status on the resulting entity.  The reason for this is simple.  State enabling statutes almost always permit corporations and limited liability companies to be established “for any lawful purpose”, which by its nature would include the conducting of any lawful business in a manner consistent with the religious faith of the owners of the entity in question.  In fact, thanks to the First Amendment, and its extension to the individual states, the states would be legally prohibited from restricting individuals from forming entities for such purposes.

The other obvious weakness in this rather remarkable assertion from Ms. Lithwick would be the fact that churches often incorporate as non-profit corporations in order to apply for Section 501(c)(3) status so that donations, gifts, and tithes maybe tax deductible to the donor. (Contrary to popular opinion, churches do not have to apply for this status to be tax-free.  They are already tax-free, as they should be, as a result of the First Amendment.)

Wiker states that Lithwick’s assertion is rooted in the decision in the Conestoga Wood Specialties Corp. decision.  The corporation is owned by a Mennonite Family which employs 950 people.  The family opposes the HHS mandates regarding abortion on religious grounds.  The Federal Judge hearing the case concluded:

“We simply cannot understand how a for-profit, secular corporation — apart from its owners — can exercise religion,” circuit Judge Robert Cowen wrote. “A holding to the contrary … would eviscerate the fundamental principle that a corporation is a legally distinct entity from its owners.”

Aside from the naked and unsupported (and unsupportable) conclusion that a corporation is secular, there are a few other weaknesses.  State law would rightfully permit me to draft and file for a client Articles of Incorporation or a Certificate of Formation establishing that the entity is “being formed for the express purpose of selling ice cream, and spreading the gospel of Jesus Christ, and any other lawful purpose,”, and there is nothing that the state or the Federal government could Constitutionally do to prevent me from doing so. Being a distinct legal entity doesn’t mean that a corporation cannot express or conduct itself based upon a specific political or religious viewpoint.  And while there are instances in which government may lawfully restrict what an owner does with its private property in certain balancing of the equities situations, at this time, I can think of none which directly conflict with the right of conscience.

The assertion of an automatic secular nature of corporations based on a theory of complete segregation between a legal entity and those that own them faces other philosophical and logical difficulties aside from being an assumption of a fact not in evidence.  First among them is the fact that one of the pillars the good Judge rests his opinion on is the notion that that an individual can exercise religious freedom, but a corporation cannot.  This point ignores the fact that corporations ARE allowed to exercise other First Amendment rights, such as freedom of speech, and Freedom of Association, which is the main principle underlying the freedom to enter into contracts with people of your choosing, or the freedom to hire people who you think make a good fit with your corporation, and will make a good employee.  Recognizing this, there is no logical or legal basis to presume that these freedoms can be exercised by a corporation or an LLC, but that those same entities can or should be barred from exercising religious freedom to act in a manner consistent with the religious beliefs of its owner.

The second weakness with this assertion is the fact that the income from many of these “separate, distinct legal entities” is reported not on a separate tax form for that entity, but on the personal tax forms for those who own those entities, which would hardly make sense if these were indeed separate and distinct from their owners.

The third weakness of this viewpoint is that our economy would be in much worse shape without corporations and LLCs because they make it possible for more people to provide goods and services at prices and in quantities that the risk that they would necessarily have to bear individually would either make prohibitively expensive, or practically impossible to provide.  While the very word “corporation” often evokes the image of boardrooms filled with grey suits making decisions that impact the livelihood of hundreds or thousands, or more, the fact is that the majority of corporations are closely-held businesses, where the ownership consists of a individuals, or small numbers of people, often members of the same family, or of one or two families. And in some instances, this is also true of those large corporations that I previously spoke of.  Ford is one example that comes to mind.  However, even if it wasn’t for the fact that a majority of these entities are small, closely held corporations or LLCs that permit individuals to offer products or services because of the risk management that the law permits through the use of these entities, there is also the fact that the law DOES allow certain individuals who offer goods and services through corporations and LLCs to refuse to offer those goods and services based on the individual owner’s right of conscience and/or religious beliefs, among other factors.  Doctors, who can refuse to perform abortions, and attorneys, who can refuse representation based on any factor at all, are two that come to mind.  While competence or having the requisite skill are among the reasons for these rights of refusal, they are not the ONLY ones.  And while it might be tempting to say that the personal nature of services rendered by these professions support such an exemption, the fact is that for nearly all closely-held business entities, the nature of what those individuals do is personal.  For such individuals, their business is at the forefront of their thinking.  It is the first thing they think of in the morning, it is what they contemplate as they drift off to sleep at night.  Their businesses ARE an expression of who they are, and  that “separate legal entity” invariably becomes associated with the individuals who own them.  The manner in which they conduct their business often expresses an opinion or a philosophy held dear to the owner of that business.  It is not reasonable or logical to suggest or expect that these individuals segregate their religious and spiritual identity and activity from the profession or career that they otherwise breathe and eat; to do so would be a denial of the very essence of the person that the law and society would find morally objectionable and repugnant if any other belief or activity was being discussed instead of the free exercise of religion. This is no less true for a baker of wedding cakes, or a photographer than it is for a doctor or a lawyer who has incorporated so they can ply their trade without risking the loss of everything they own and have worked for to one lawsuit.

Another logical weakness in this assertion is that many of these entities often are operated day-to-day in accordance with various codes of ethics voluntarily committed to by the owners and employees of the corporations and LLCs.  For an entity to be, even indirectly, conducted according to such a code of ethics, but presumably not capable of exercising a religious point of view is facially absurd.

——————————————————————————————————————————-
I’d like to think that things will get better, but the current prevailing prejudice against religion in some of the most litigious groups in our society leads me to believe that we’re in for a lengthy fight to preserve our first liberties.  Especially if examples such as the New Mexico photographer, and the pink swastika philosophy that seeks to punish those who do not wish to participate in their activities, regardless of whether not it makes any logical sense to compel those who object with their beliefs to provide a personal service or product is any indication.  But then, with a federal government that is engaging in similar unconstitutional behavior as a guide, there really is no reason to be surprised at the bold entitlement demonstrated in this strategy, which is why legal interest groups such as the ADF are going to become increasingly important and need our help in the coming years.

Read Full Post »

Older Posts »

Follow

Get every new post delivered to your Inbox.

Join 376 other followers