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Let Authority of 'Hidden Law' Rule in Arizona
Townhall.com ^ | February 28, 2014 | Jonah Goldberg

Posted on 02/28/2014 5:45:55 AM PST by Kaslin

Future historians will likely be flummoxed by the moment we're living in. In what amounts to less than a blink of an eye in the history of Western civilization, homosexuality has gone from a diagnosed mental disorder to something to be celebrated -- or else.

Indeed, the rush to mandatory celebration is so intense, refusal is now considered tantamount to a crime. And, in some rare instances, an actual crime if the right constable or bureaucrat concludes that you have uttered "hate speech."

Or, if you refuse to bake a gay couple a cake for their wedding. That was the horror story that sparked much of this foofaraw.

Arizona's proposed SB 1062 would have amended the state's 15-year-old Religious Freedom Restoration Act in a few minor ways so as to cover businesses the way it already covers government. Arizona's religious freedom statute was modeled on a similar federal law signed by Bill Clinton with large bipartisan majorities in both houses. It would have allowed small businesses to decline work that violated their consciences, unless the government could show a compelling reason why such refusal was unreasonable or unjust.

Speaking of unreasonableness, according to ESPN's Tony Kornheiser, if Arizona allows bakers to refuse to bake cakes for gay couples, gays may have to wear "yellow stars" like the Jews of Nazi Germany. It would be Jim Crow for gays according to, well, too many people to list.

Now lest you get the wrong impression, I am no opponent of gay marriage. I would have preferred a compromise on civil unions, but that ship sailed. The country, never mind the institution of marriage, has far bigger problems than gays settling down, filing joint tax returns and arguing about whose turn it is to do the dishes. By my lights it's progress that gay activists and left-wingers are celebrating the institution of marriage as essential. Though I do wish they'd say that more often about heterosexual marriage, too.

But I find the idea that government can force people to violate their conscience without a compelling reason repugnant. I agree with my (openly gay and black) friend, columnist Deroy Murdock. He thinks private businesses should be allowed to serve whomever they want. Must a gay baker make a cake for the hateful idiots of the Westboro Baptist Church? Must he write "God hates fags!" in the icing?

The ridiculous invocations of Jim Crow are utterly ahistorical, by the way. Jim Crow was state-enforced, and businesses that wanted to serve blacks could be prosecuted. Let the market work and the same social forces that have made homosexuality mainstream will make refusing service to gays a horrible business decision -- particularly in the wedding industry!

When August "Gussie" Busch, the CEO of Budweiser, bought the St. Louis Cardinals in 1953, he was vexed by the Brooklyn Dodgers' success, which was due in large part thanks to Jackie Robinson. He asked Cardinals executives how many blacks they were cultivating, and when they said "None," he was appalled. "How can it be the great American game if blacks can't play? Hell, we sell beer to everyone!" he exclaimed. The next year the Cardinals had a black first baseman, Tom Alston.

In 2000, Jonathan Rauch, a (gay) brilliant intellectual and champion of gay marriage, wrote a wonderful essay on "hidden law," which he defined as "the norms, conventions, implicit bargains, and folk wisdoms that organize social expectations, regulate everyday behavior, and manage interpersonal conflicts." Basically, hidden law is the unwritten legal and ethic code of civil society. Abortion, assisted suicide and numerous other hot-button issues were once settled by people doing right as they saw it without seeking permission from the government.

"Hidden law is exceptionally resilient," Rauch observed, "until it is dragged into politics and pummeled by legalistic reformers." That crowd believes all good things must be protected by law and all bad things must be outlawed.

As society has grown more diverse (a good thing) and social trust has eroded (a bad thing), the authority of hidden law has atrophied. Once it was understood that a kid's unlicensed lemonade stand, while technically "illegal," was just fine. Now kids are increasingly asked, "Do you have a permit for this?"

Gay activists won the battle for hidden law a long time ago. If they recognized that, the sane response would be, "You don't want my business because I'm gay? Go to hell," followed by a vicious review on Yelp. The baker would pay a steep price for a dumb decision, and we'd all be spared a lot of stupid talk about yellow stars.


TOPICS: Culture/Society; Editorial; US: Arizona
KEYWORDS: gaymarriage; homosexuality; religiousfreedom

1 posted on 02/28/2014 5:45:55 AM PST by Kaslin
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To: Kaslin

The government can write all the laws they want. It doesn’t mean anyone will comply with all of them. In fact, they can fight back against the stupid ones by exploiting loopholes or being subversive. All laws written by the current administration should have to pass an acid test to check their motives and the reasons behind them, common sense, and if it violates natural law.


2 posted on 02/28/2014 5:53:47 AM PST by jsanders2001
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To: jsanders2001

Didn’t list constitutional law as it flies under the flag of natural laws which is in essence what The Constitution is all about.


3 posted on 02/28/2014 5:56:22 AM PST by jsanders2001
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To: Kaslin
If I was black, I would feel horribly demeaned by having my race equivocated with perversion. One is truly genetic, the other a choice.

The whole Civil Rights comparison is invalid, imho.

4 posted on 02/28/2014 5:57:30 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Kaslin

“Speaking of unreasonableness, according to ESPN’s Tony Kornheiser, if Arizona allows bakers to refuse to bake cakes for gay couples, gays may have to wear “yellow stars” like the Jews of Nazi Germany. It would be Jim Crow for gays according to, well, too many people to list.”

People who make that kind of comparison need their head bashed against a wall a few times. Not only is it completely retarded, it’s disrespectful as all get out.


5 posted on 02/28/2014 5:57:34 AM PST by RWB Patriot ("My ability is a value that must be earned and I don't recognize anyone's need as a claim on me.")
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To: Kaslin

Quietly, the AZ legislature is now proposing a bill that would protect clergy and churches from being forced to marry people against their religious beliefs. And it may include a measure to protect government employees from acting against their faith as well.

This actually overlaps with previous federal efforts to protect pharmacists and other medical people from having to give abortifacients or perform abortions if it went against their beliefs; though Obamacare tried to sweep that law aside.


6 posted on 02/28/2014 6:00:25 AM PST by yefragetuwrabrumuy (WoT News: Rantburg.com)
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To: Kaslin
As society has grown more diverse (a good thing) and social trust has eroded (a bad thing),

I wonder if the author understands the inverse relationship that he stated in this sentence. Society can handle diversity, if it is allowed to cultivate naturally and all parties assimilate at their own pace. However, we have seen "diversity" by massive influxes of diverse cultures that none are willing to give up. This causes immense distrust and social animosity.

With any immigrant, they must realize that the society that they are leaving has failed them in at least one critical way, enough to want to abandon it for one that is superior to the one they left. With that realization, assimilation can then occur. Without it, they simply bring that failure to the new culture and bang, social distrust and eventual rifts in society.

7 posted on 02/28/2014 6:03:39 AM PST by rjsimmon (1-20-2013 The Tree of Liberty Thirsts)
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To: Kaslin

As much as it pains me to say it, this is the inevitable consequence of the feel good Civil Rights Act of 1964. It served as a precedent that the government has the right to limit free association, albeit initially only in matters of in race, color, sex, or ethnic origin. But then in 1974 it was extended to age. Then in 1990 it was extended to those with “perceived disabilities”. See the pattern? Once you establish a legal precedent for the government to abrogate a God given right (the right of free association in this case), there is no stopping it, and in a non-Christian nation it will force us to share our lives, businesses, and provide our services to every perversion and morally repugnant thing imaginable.


8 posted on 02/28/2014 6:05:31 AM PST by LambSlave
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To: Kaslin
Gays are this (election) year's victim de jour.
Liberals will ride this horse all the way to election day. Then after the election with the LGBT votes safely in their back pocket, they will move on to the next victim on the menu.
9 posted on 02/28/2014 6:10:38 AM PST by Tupelo
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To: Kaslin
By my lights it's progress that gay activists and left-wingers are celebrating the institution of marriage as essential.

Marriage as a bundle of goodies from the government.

Bye Jonah.

10 posted on 02/28/2014 6:15:55 AM PST by Oratam
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To: Oratam

How come you stopped right there and did not include the next sentence in the paragraph?


11 posted on 02/28/2014 6:28:22 AM PST by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: Kaslin

“gays may have to wear “yellow stars” like the Jews of Nazi Germany.”

If they push it too far and demand sexual access to under
age children (NAMBLA) then yes that just might happen. They
tag sex offenders already. We are just now scrapping the
surface of just how vile homosexuality is and what the ultimate goal of the homosexual agenda is, open access
to children for play toys and recruitment.
You will not only have to bake them a cake and take their
picture but you will also have to let them date your under
age child.
They are already forcing acceptance of their perverted
lifestyle on people an the point of the governments gun,
who’s to say they wont have access to you kids at the point
of the same gun.


12 posted on 02/28/2014 6:29:22 AM PST by Slambat
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To: Kaslin

Bttt


13 posted on 02/28/2014 6:29:33 AM PST by Guenevere
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To: Kaslin

“Now lest you get the wrong impression, I am no opponent of gay marriage. I would have preferred a compromise on civil unions, but that ship sailed.”

Then Jonah Goldberg was a proponent until of course
“that ship sailed”. Which is just another way of saying
he’s a moderate and his morals and principals change
with the wind. It’s just a column, written for a buck.
No absolute conviction of principals, morals or ideals.
Goldberg is just a hack.


14 posted on 02/28/2014 6:38:48 AM PST by Slambat
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To: Kaslin

I’m still trying to figure out how somebody goes about proving their gay.

Can’t wait for the first divorce between a bi-sexual and a gay because the bi-sexual isn’t really gay ... according to gay folklore.

Or what happens when a CPS takes the children away from a gay couple and fosters them out? Will they exclude traditional couples in favor of gay foster parents?

Or the woman going for an abortion because she doesn’t want her child to be adopted by gay people.

Or explain the suicide rate of sex change operation recipients.


15 posted on 02/28/2014 6:41:50 AM PST by Usagi_yo (Standardization is an Evolutionary dead end.)
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To: Kaslin

Speaking of homosexuals:

Rink Employee May Have Fondled Feet Of More Than 200 Underage Boys

February 27, 2014 12:55 PM

http://losangeles.cbslocal.com/2014/02/27/northridge-roller-rink-employee-with-alleged-foot-fetish-arrested/


16 posted on 02/28/2014 6:44:48 AM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: Kaslin

It’s natural law or common law, not hidden law


17 posted on 02/28/2014 6:45:57 AM PST by yldstrk (My heroes have always been cowboys)
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To: Kaslin

18 posted on 02/28/2014 6:57:09 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: RWB Patriot

People who make that kind of comparison need their head bashed against a wall a few times.

...yeah, that...or even worse, they should be made to host a sports talk on TV with Michael Wilbon...can we imagine anything more dire...?


19 posted on 02/28/2014 7:02:20 AM PST by IrishBrigade
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To: LambSlave

Once you establish a legal precedent for the government to abrogate a God given right (the right of free association in this case), there is no stopping it, and in a non-Christian nation it will force us to share our lives, businesses, and provide our services to every perversion and morally repugnant thing imaginable.

...you’ve identified where the next salvo will target...the concept of God-given rights itself...to wit, there are none, including free association, which in itself, will be deemed to have never existed...and anything short of open-armed embrace of the atheist community will be tantamount to criminality...

...and the ability of churches to act as functional entities within a community will be attacked, with all vigor...


20 posted on 02/28/2014 7:10:50 AM PST by IrishBrigade
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To: Slambat

Goldberg is just a hack.

...I don’t know...you take one sentence and dismiss the rest...if that makes someone a hack, then who can possible be incisive...?


21 posted on 02/28/2014 7:17:12 AM PST by IrishBrigade
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To: Kaslin
By my lights it's progress that gay activists and left-wingers are celebrating the institution of marriage as essential. Though I do wish they'd say that more often about heterosexual marriage, too.

Marriage as a bundle of goodies from the government.

Bye Jonah

22 posted on 02/28/2014 7:22:28 AM PST by Oratam
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To: Oratam

blah, blah, blah


23 posted on 02/28/2014 7:29:55 AM PST by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: yefragetuwrabrumuy
Quietly, the AZ legislature is now proposing a bill that would protect clergy and churches from being forced to marry people against their religious beliefs.

What the militant homosexuals, I refuse to use the g word, really want is for the Christians, all churches, everybody except Muslims (they have special rights to discriminate) all need to say," God Almighty is wrong and the homosexuals are right" and if you don't marry them in your church and have all the congregation forced to attend you will loose your 501C3 tax exemption.

That is whats next and with this President and AG it will happen before they leave office.

24 posted on 02/28/2014 7:51:27 AM PST by thirst4truth (Life without God is like an unsharpened pencil - it has no point.)
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To: jsanders2001

I like Abe Lincoln’s approach to this. He reputedly once asked a group of colleagues “If you call a dog’s tail a leg, how many legs does a dog have?” They all answered “Five.” Lincoln laughed and said “No. Calling a tail a leg doesn’t make it so.”

Calling the deviant relationship between two same-sex individuals a “marriage” doesn’t make it a marriage. It isn’t and in my world it never will be.


25 posted on 02/28/2014 7:56:50 AM PST by IronJack
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To: jsanders2001

The government can write all the laws they want. It doesn’t mean anyone will comply with all of them. In fact, they can fight back against the stupid ones by exploiting loopholes or being subversive. All laws written by the current administration should have to pass an acid test to check their motives and the reasons behind them, common sense, and if it violates natural law.


They cannot jail all of us before we can hang all of them - - so far.


26 posted on 02/28/2014 5:05:22 PM PST by S.O.S121.500 (Had Enough Yet ? ........................ Enforce the Bill of Rights ......... It's the LAW !!!)
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To: Kaslin
[Article] The country, never mind the institution of marriage, has far bigger problems than gays settling down, filing joint tax returns and arguing about whose turn it is to do the dishes.

No, it doesn't. The institution of marriage lies at the foundation of everything that is civilization. Let these post-civilized paraphilic barbarians tear that out, and watch everything else crumble in disorder as well.

27 posted on 02/28/2014 6:36:01 PM PST by lentulusgracchus
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To: BenLurkin
There was a time when guys like that just disappeared. And it was family men who did the disappearing.
28 posted on 02/28/2014 6:38:44 PM PST by lentulusgracchus
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To: Usagi_yo
Keeping discussions of certain disproportionate rates of dysfunctionality off the table has been a major homosexual political and propaganda priority since the 1960's. It's "gay-bashing", you see, to talk about the personal problems of children of homosexual "unions". </off cant>
29 posted on 02/28/2014 6:42:18 PM PST by lentulusgracchus
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To: RWB Patriot

Tony K is gay and all his tyrannical poses derive from the malady.


30 posted on 02/28/2014 6:43:11 PM PST by WashingtonSource
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To: Kaslin
It's not marriage as I know it or the rest of humanity has know it, even you, for millennia. Jonah Goldberg is wrong; gay activists and left-wingers aren't celebrating the institution of marriage as essential. They are clamoring for their goodies from the government.

Jonah is a social liberal. I'm glad I don't have subscription to NR if this is one of its leading lights.

31 posted on 03/01/2014 8:00:27 AM PST by Oratam
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