Wednesday, April 1, 2015

Indiana’s Law Is Not the Return of Jim Crow



By Jonah Goldberg
Wednesday, April 1, 2015

‘I could have handled that better.”

I don’t know if the captain of the Titanic ever said that. But Mike Pence did on Tuesday.

The Indiana governor has managed to step on an impressive number of parts of his own anatomy recently and in the process gravely injured what was already a long-shot ambition to run for president in 2016.

Earlier this month he signed the Religious Freedom and Restoration Act in a private ceremony. In attendance were prominent opponents of gay marriage.

In response, great algae plumes of righteous outrage erupted across the Internet. Gay-rights groups, the Democratic party, and the mainstream media, in unison, lost their collective marbles and raised unshirted hell. Know-nothings of every stripe cried out that Jim Crow had returned to the land. Shouts of “boycott!” went forth, including perhaps of the NCAA’s Final Four, which for Hoosiers is like threatening a boycott of Easter Mass at the Vatican. The Indiana Chamber of Commerce hied to its corporate fainting couch and begged to be rescued.

Pence, desperate to put out the political fire, raced to a TV studio last Sunday to quench the flames on ABC’s This Week. The only problem is that he arrived at the scene with a rhetorical water pistol hoping to put out a five-alarm blaze.

“Do you think it should be legal in the state of Indiana to discriminate against gays or lesbians?” George Stephanopoulos asked.

“George, you’re — you’re following the mantra of the last week online [media coverage],” Pence said. “And you’re trying to make this issue about something else.”

Well, as they say in formal debate classes, Duh.

Two days later, Pence held a press conference to ask the state legislature to rewrite the law to placate the mob.

Pence still had the better part of the legal argument. Indeed, he and supporters of RFRA have nearly the entire legal argument on their side.

The federal RFRA was passed in 1993, in response to a Supreme Court decision holding that Native Americans weren’t exempt from anti-drug laws barring the use of peyote, even for religious ceremonies.

In response, Congress passed a law barring the government from putting a burden on religious practice without a compelling state interest. If someone feels their religious rights have been violated, they can go to court and make their case. That’s it. Jim Crow laws forced people to discriminate. RFRA doesn’t force anybody to do anything.

The original RFRA was a good and just law championed by then-representative Chuck Schumer and opposed by right-wing bogeyman Jesse Helms. It passed the Senate 97-3 and was signed by President Bill Clinton.

In 1997, the Supreme Court held that RFRA was too broad and could not be applied to states. So, various state governments passed their own versions. Twenty states have close to the same version as the federal government’s, and a dozen more have similar rules in their constitutions. These states include such anti-gay bastions as Connecticut, Massachusetts, and Illinois, where, as a state senator, Barack Obama voted in favor of the law.

The law says nothing about gays and was most famously used to keep the Obama administration from forcing Hobby Lobby and nuns from paying for certain kinds of abortion-inducing birth control.

“This big gay freak-out is purely notional,” according to legal writer Gabriel Malor (who is gay). “No RFRA has ever been used successfully to defend anti-gay discrimination, not in 20 years of RFRAs nationwide.”

Still, the freak-out was predictable. A year earlier in Arizona, Governor Jan Brewer had attempted to sign a similar law before caving to the pressure. Why would the same crowd spare Indiana?

Yes, Pence hoped to throw a crumb to opponents of gay marriage. But what a miniscule crumb this is.

The war for gay rights has been won, and that’s basically fine by me. But there are a few holdouts — most famously devout Christian wedding planners, florists, photographers, and bakers — who don’t want to be part of such things. Why a gay couple would want a photographer who is morally opposed to their wedding to snap pictures of it is a mystery to me.

But we live in an age where non-compliance with the Left’s agenda must be cast as bigotry. Everyone is free to celebrate as instructed. This is what liberals think liberty means today.

Obama’s Chicago Presidency



By Victor Davis Hanson
Tuesday, March 31, 2015

Senator Robert Menendez (D., N.J.) was a vocal critic both of President Obama’s executive-action opening to Cuba and his nuclear non-proliferation talks with Iran. In the midst of his loud opposition, he found himself suddenly the target of renewed federal charges that had aired much earlier without consequence. I think the message was not that the administration was worried over appearances, but rather that it wished to remind all of Washington that it actually welcomed the appearance of not being worried over the idea of federal prosecutorial power being used for tit-for-tat vendettas. Malice is a valuable political tool for Barack Obama.

Benjamin Netanyahu apparently bothered President Obama. What could that possibly entail, given the historic alliance between Israel and the United States? From the petty malice of Obama-administration aides leaking slurs that Netanyahu was a coward and chickens–t to the fundamental malevolence of community-organizing Netanyahu’s opponents in an effort to defeat him at the polls to leaking previously classified information about Israel’s nuclear deterrent, the message is again Chicagoan. Obama in adolescent fashion put it best in the 2008 campaign when he urged his flock, “I want you to argue with them and get in their face,” and when he later lifted a Chicago line from screenwriter David Mamet’s dialogue in The Untouchables to say to his base, “If they bring a knife to the fight, we bring a gun.” No wonder Obama — despite having once been on the receiving end of a racial slur from Senator Harry Reid — recently praised the outgoing Senate majority leader, whose style and modus operandi were akin to Obama’s own.

During the seven years when Obama faced election, reelection, and two midterm elections, he warned on over 20 occasions that it would be neither legal nor ethical to grant executive amnesties to illegal aliens. What was stunning about his refrain was the high-minded manner in which he disarmed his base by warning them that he could not act unconstitutionally. But once he faced no more referenda on his power, he cared little about polls that showed widespread disapproval of amnesty, and simply began issuing the sort of presidential fiats that he had correctly said he didn’t have the power to issue.

The Right was shocked by the brazen hypocrisy of Obama, who once warned the country of just the sort of renegade president that he proved to be. But that again misses the point. Obama was not embarrassed, but emboldened, by the disconnect, as if to say, “I not only bypassed Congress to issue amnesties, but also refuted my own warnings that to do so would be illegal. And so what are you going about it?” If the speeder goes through a red light with impunity right in front of a parked patrolman, what then do we think of the patrolman, the speeder — and the sanctity of traffic lights?

We see the Chicago way with Iran as well. In the midst of negotiations, Iran’s supreme leader chants the tired mantra “Death to America.” The Iranian military builds a mockup of a U.S. carrier to practice attacks on it. The Obama position proves more lenient than that of either the U.N. or our European partners, which is not an easy thing to do. Yet Obama doubles down and continues full bore to squeeze out any kind of agreement he can — even if that means it might be merely oral, not written, and a bastardized treaty somehow designed to avoid Senate scrutiny. The point is not that all this is outrageous, but rather that it is deliberately outrageous, again begging the question, “So what are you going to do about it?” Obama’s Chicago sense appeals to the lowest common denominator: The more brazenly he is making a point, the more he thinks he will earn a certain admiration from his base, a sense of some sort that he is capable of anything and that progressive morality trumps antiquated laws. The full Obama reminds me of a high-school incident when a teacher corralled an aggressor accused of serially bullying another student; when he asked the perpetrator to apologize to his target, the aggressor instead slugged his victim in front of the teacher, and shouted, “What are you going to do about it?”

Some thought Obama’s serial untruths about Obamacare would doom the ill-fated program: Millions really did lose their plans; they lost their doctors as well; Obamacare proved not to lower but to raise costs; it did not shrink the deficit but caused more federal expense. When Obama picked and chose which parts of the federal law he would enforce, others objected that it was patently illegal for an executive not to faithfully execute laws on the books. But again, that is exactly the point: If a president can lie about a program to secure its passage and, when it proves flawed, select elements to discard or delay, then he can do almost anything — and we should appreciate that he can do almost anything.

If the president believes that, after all the shenanigans of Lois Lerner, there is still not even a “smidgen” of corruption in the IRS, then the shot across the bow is not that the IRS is now politicized, but that it is hopelessly politicized. Again,what are we going to do about it?

In the old Clinton–Gingrich formula of budget give-and-take, when the national debt was about a third of the present $18 trillion, Republicans agreed to defense cuts and tax increases, and Democrats conceded budget freezes, and eventually for a time there was a balanced budget, gimmicks and all. Under Obama, Republicans are to agree to defense cuts and tax hikes — while Obama increases social spending, runs $600 billion annual deficits, laments frugality and austerity, and lets others worry about the crushing debt incurred on his watch, the diminution of national security, and the stifling effect of tax hikes. What is the next president going to do — raise taxes higher, cut popular entitlements, disband the Marine Corps, and scrounge to pay down the debt?

Obama has chosen to skip various widely attended anniversaries, including the liberation of Auschwitz and the Battle of Gettysburg. He passed on the commemorative march of world leaders who condemned the terrorist killings in Paris. Critics pounced. How does the president have time to meet with GloZell, do his March Madness NCAA-tournament basketball picks, or banter with Internet bloggers if he cannot meet with the current chief of NATO? Why does he jet out to California to do Jimmy Kimmel, but refuse to fly to Paris to show solidarity against Islamic violence? Why would Obama fly all the way to Denmark to lobby for a Chicago Olympics, but not attend the anniversary of the fall of the Berlin Wall? Again, those are the wrong questions.

Whether Obama avoided these events out of lassitude or by intent matters little: The point is that it was his pleasure not to attend any of them. The full Obama cares nothing about appearances. Indeed, he feels that such disdain magnifies his godhead, as someone absolutely immune to tradition, protocol, and criticism. Say that he golfs too much, and he will golf even more. You object that he sermonizes on global warming while setting records for use of Air Force One, often on a parallel track with his wife’s jumbo jet, or lectures farmers on the California drought for a few minutes on his way to hit the Palm Springs irrigated golf courses? All that is not the disconnect, but the point.

It is distasteful for a president to weigh in on a local, ongoing, and racially charged criminal case. Obama not only did just that with the Trayvon Martin shooting, but in such a way that could only exacerbate racial tensions — and in a reactionary fashion of expressing solidarity with critics of George Zimmerman on the basis of his own shared skin color with the deceased. If President Clinton had editorialized in mediis rebus about the O.J. trial with something like “Nicole might have looked liked the second daughter I never had,” then we would have assumed not just that he was a racist, but that he wanted us to think he was a racist — and that we could not do much about that fact.

Susan Rice on five televised occasions lied about Benghazi when she serially insisted that the deaths of four Americans were due to a spontaneous demonstration over a video — a deception she never later corrected. More recently, she insisted that Bowe Bergdahl served with “honor and distinction” when she knew that most of the evidence clearly pointed to his being a deserter at best and a traitor at worse, and that the five Afghan terrorists we freed in the exchange from Guantanamo were the worst of the worst in captivity there. Just as Rice was promoted to national security adviser after the Benghazi untruth, so too she knows there will be no fallout over her flat-out distortions about Bergdahl. Obama’s point, again, is not that Rice has a problem with the truth, but that the fact of a national security adviser’s disingenuousness is of absolutely no consequence.

What then is the full Obama presidency? It is the quest for extralegal power not just by ignoring the law, tradition, or custom, but by doing so flagrantly and without concern, to the point of rendering critics impotent — and thereby accruing even more power to enrage and embarrass them. In similar circumstances, the Roman biographer Suetonius noted of the Twelve Caesars that the offense itself was not so much the point, but rather the demonstration of committing the offense with impunity and disdain.

Once that pen-and-phone threshold has been crossed, anything is possible — and even the critics of Obama now belatedly accept that. In brilliantly diabolical fashion, the president of the United States has all but ruined the Democratic party in Congress and the state legislatures, but has also confounded his Republican opponents by not caring a whit about his own nihilism — as if he is supposed to worry about ending the congressional careers of his supposed allies?

After all, if someone is going to ignore the law or what tradition demands, then why does he need a legislative majority to do it? Obama is more powerful in defeat than he ever was in victory. Like a seasoned Chicago pol, he reminds his auditors and critics that not only does he not care about the appearance of his actions, but also that no else does either. He all but says, “Each time I issue an illegal executive order, my polls go up, and the more my enemies howl and my friends cringe.” It becomes more hazardous — ask Senator Menendez or an audited Tea Party group — to object to an Obama abuse than for Obama to commit the abuse, which makes further abuse only more certain.

Given media obsequiousness, Obama feels that little scrutiny of his actions will follow. A move toward impeachment he might even hope for, given his iconic status and the community-organizing chance to smear anyone foolish enough to try it as a racist or bigot. If his conduct hurts the future of Hillary Clinton, who cares? Or rather, perhaps there is a hint that the damage was by intent. If Obama’s executive-order presidency weakens the stature of the U.S. abroad, then maybe it needed to be weakened. In a country where almost any law can be contravened by an executive order, where any statute can die through selective non-enforcement, where the IRS can hound opponents, where Israel is the enemy and Iran the friend, and even a senatorial ally can face indictment, anything is now possible.

And was not that the point all along?

Tuesday, March 31, 2015

Media distortion of Indiana’s religious freedom bill



By Joseph Curl
Sunday, March 29, 2015

‘Indiana Governor Signs Anti-Gay ‘Religious Freedom’ Bill At Private Ceremony,” blared the headline in the Huffington Post. “Lawmakers To ‘Clarify’ Anti-Gay Law,” screamed National Public Radio. “Indiana’s Pence tries to defend new anti-gay measure,” barked MSNBC. “Pence: Indiana ‘not going to change’ anti-LGBT law,” bellowed CNN.

Suddenly, Indiana hates gays. Thousands rushed into Indianapolis to protest the gay haters, the NCAA bashed the legislature for its homophobia, and big businesses like Angie’s List declared they would shun the state.

Never mind that the new law — the Religious Freedom Restoration Act, passed in a bipartisan vote — isn’t anti-anything, gay or otherwise. And forget that 19 other states have passed identical laws, and that President Obama supported just such a law when he was a state senator in Illinois. And don’t even think about the fact that President Bill Clinton signed into law a federal version with nearly identical language in 1993.

No, the media has made up a story that Indiana hates gays, that the new law will allow lynching of homosexuals in the streets, and there’s no stopping the liberal onslaught now.

“Yes or no, if a florist in Indiana refuses to serve a gay couple at their wedding, is that legal now in Indiana?” George Stephanopoulos, host of ABC’s “This Week” and a former Clinton flunkie, asked Indiana Gov. Mike Pence on Sunday. In fact, he asked the governor the same question a half-dozen times, often interrupting him as he demanded Mr. Pence simply admit that he hates gays.

“There’s been shameless rhetoric about my state,” Mr. Pence said, “and about this law and about its intention all over the Internet. People are trying to make it about one particular issue. And now you’re doing that as well.”

Mr. Pence explained that “the law does not apply, George, to disputes between individuals unless government action is involved. And in point of fact, in more than two decades, the Religious Freedom Restoration Act has never been used to undermine anti-discrimination laws in this country.”

He pointed out that the federal law “lays out a framework for ensuring that a very high level of scrutiny is given any time government action impinges on the religious liberty of any American.” And he said all the ruckus of discriminating against gays is a “red herring,” declaring that the law is about “government overreach.”

But none of that stopped the former press spokesman for President Clinton from pursuing his line of questioning: “Does that mean that Christians who want to refuse service or people of any other faith who want to refuse service to gays and lesbians, that it’s now legal in the state of Indiana? That’s the simple yes or no question.”

At least, that’s the question for the knee-jerk media that doesn’t bother to do its homework. For the record, here’s the language of the federal law: “Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”

Here’s the language of the Indiana law: “A governmental entity may substantially burden a person’s exercise of religion only if the governmental entity demonstrates that application of the burden to the person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”

Um. Nearly identical.



But great minds still find the state law objectionable. Miley Cyrus called Mr. Pence an “a**hole,” and brilliant thinker Ashton Kusher wondered if Indiana would “allow Christian establishments to ban Jews from coming in?” Even Star Trek’s Sulu weighed in, saying he was “outraged.”

Hillary Rodham Clinton also jumped into the fray, saying it is “sad this new Indiana law can happen in America today.” And New York Sen. Chuck Schumer, who co-sponsored the federal legislation as a young member of the House, tweeted to the NCAA that his great state doesn’t “discriminate.” Asked by the Weekly Standard to explain his new objection to the law, he said, “Not right now.”

Let’s be clear: The new Indiana law does not legalize discrimination against anyone. No business can refuse to serve a patron because he or she is gay, black, Muslim, left-handed or anything else. The state law simply mirrors the federal law so that cases can be handled within Indiana — now the 20th state with such a law.

Those 20 laws have nothing to do with discriminating against gays — or any minority. They simply ban the government from discriminating against religious Americans.

Still, the aftermath is clear: Democrats and liberals, especially in the media, have no problem discriminating against religious Americans.

And as always with both, the ends justify the means.

No, Making a Joke About a Transgender Person Is Not the Same as ‘Transphobia’



By Katherine Timpf
Monday, March 30, 2015

Jamie Foxx is facing accusations of transphobia because he made a joke about Bruce Jenner during the iHeartRadio Music Awards last night — despite the fact that he’s a comedian and making jokes about other people is kind of what comedians do.

During his opening monologue, Foxx joked that Jenner, who is rumored to be undergoing a male-to-female gender transition, would be “doing a his and hers duet by himself.”

“Look, I’m just busting your balls . . . while I still can,” he added.

Immediately, swarms of social-justice heroes took to Twitter to let Foxx know just how not okay his “transphobic” comment was. Even Perez Hilton (who once called a Miss USA contestant a “dumb bitch” for disagreeing with his stance on gay marriage) got in on the action.

Now, I’d agree that Foxx’s joke wasn’t all that funny. It was pretty hack, and if I was going to perform standup on television I would try to make sure that my material hadn’t already been worn out at open mics in bar basements across the country. But Hilton’s saying that what Foxx did here was “be transphobic on national television” isn’t just hypersensitive — it’s a logical fallacy. “Being transphobic” and “making a joke involving a transgender person” are not interchangeable phrases. Making fun of someone does not automatically mean you hate or have a phobia of that person — and if we lose sight of this seemingly obvious distinction we’re going to lose comedy altogether.

Honestly, it doesn’t seem like we’re that far off. Just a few months ago, Margaret Cho faced outrage over her impression of a Korean war general at the Golden Globes because apparently making fun of even your own community is unacceptable in the eyes of the PC Police. 

Look, people. Comedy is not supposed to be a “safe space.” That’s what’s so special about it. The implicit permission to offend is what distinguishes it from other forms of communication and makes it a unique part of our cultural dialogue that we can’t afford to lose. If you can’t handle it, fine. Go watch a politician’s speech or an evening newscast or any one of the other 9 billion bleached forms of communication out there — but please, for the love of God, don’t think you’re so special that our entire society needs to change to make you feel more comfortable