NeoNotes — Bad purposes
❝❝There are two assumptions implicit in public accommodation laws. First is that there is a class of people who no matter what can never ever do things on their own. Second is that most people no matter what can never ever be trusted to do the right thing.NeoNotes are the selected comments that I made on other boards, in email, or in response to articles where I could not respond directly.
I think both assumptions are wrong.
Good law has been used for bad purposes since someone bothered to write down the law. The question you should ask is which is more important, freedom or misuse of the law?
It's my old friend, the parity test. If Christians can be barred from living their faith, what's to stop pagans from being barred from living theirs? Or atheists, Muslims, Buddhists, or any of a thousand others?
Just because someone does something you don't like doesn't mean that it should be illegal and that someone should be punished for it. I'd say that the guideline should be measurable harm to someone's person, liberty, and property. Hurting your feelings shouldn't qualify. I deal with the difference between mala in se and mala prohibita laws at my politics blog at www DOT paganvigil DOT com SLASH files SLASH RootsGovPower061204 DOT html.
Incidentally, the right of free association was one of the "understood" rights covered by the Tenth Amendment. After all, the U.S. had just fought a war over it.
Up until that time, it was one of the biggest wars about non-association ever fought.
Freedoms seldom clash with each other. Someone wanting to control others through religion isn't freedom, it's politics. Knowing the difference can be helpful.
I'm not responsible for how someone feels, especially since both the feelings and the standards used to justify those feelings change often. Measurable harm to someone's person, property, and liberty is one of the few objective standards we can agree on. A microaggression is what the victim says it is, and some things become microaggressions that weren't last week. It's privilege. I don't have time or energy to indulge it anymore.❞❞
Parity
Surefire
❝❝It's the old parity test again. And it is the surefire method to tell if a law is mala in se or mala prohibita. ❞❞
— NeoWayland, United We Stand - Dragging religion into politics
NeoNotes — Parity is the keystone
❝❝If I don't share your faith, I shouldn't be bound by it. If you don't share my faith, you shouldn't be bound by it.
This is parity. It can be derived from what Christians call the Golden Rule. It's also called the Ethic of Reciprocity and is arguably the keystone of Western Civilization besides being found in nearly every culture on Earth. Behavioral studies show that a rudimentary form exists in higher mammals. Fair is fair.
One of my "party tricks" is showing that you can build an entire moral, ethical, and legal system based on nothing but the Ethic of Reciprocity. No "Higher Law." No use of force except in defense. No one faith and no one group raised above all others never to be questioned.
Just treating each other as we would want to be treated. Nothing more, nothing less. Live and let live.❞❞
NeoNotes are the selected comments that I made on other boards, in email, or in response to articles where I could not respond directly.