Monday, December 19, 2016

Unintended Consequences

With the Republicans rush to pass anti-LGBT legislation some of the laws may have consequences they never thought about.
A Conservative Defense of Transgender Rights
Conservatives should hesitate before empowering the government to look up people’s skirts.
National Review
By Josh Gelernter
December 17, 2016

Kentucky governor Matt Bevin said last week that he hopes the Kentucky legislature won’t consider a transgender-bathroom bill in the upcoming legislative session; according to Bevin, “the last thing we need is more government rules.” He’s absolutely right, and I think it’s worth offering a conservative defense of transgender rights — which ought to be a conservative issue.

On the American political spectrum, conservatism is the mind-your-own-business ideology. I know smoking is unhealthy, but I enjoy smoking, and my health is none of your business. I know motorcycles can be dangerous, but I like the wind in my hair; whether or not I wear a helmet is none of your business. I realize that fireworks can blow up before they’re supposed to, but they’re fun and my fingers are none of your business. Don’t tell me what sort of car to drive, or what kind of light bulb I can buy, or what kind of milk I can drink, or how to raise my kids.

There’s a reason, when push comes to shove, most libertarians vote Republican. The Republican party is — more often than not, and should invariably be — the party of individual liberty. So conservatives have to ask, is it a good idea to empower the government to start lifting up people’s skirts?
One of the big mantras is “States’ Rights” and all the anti-LGBT bills that the Republicans have said they will introduce in Congress take away from states’ rights. One of the issues they opposed President Obama executive orders on trans issues was “States’ Rights” well now they are doing it.
Furthermore, it is a fundamental position of American conservatism that you don’t penalize innocent people in anticipation of criminal activity. It’s not my fault, as someone who wants a gun for self-defense, that someone else may want a gun to shoot his neighbor. Crime prevention does not preempt my right to self-defense. It’s not my fault, as someone who wants to contribute to a candidate he supports, that someone else might contribute to a candidate in order to buy political influence. Crime prevention does not preempt my right to political speech.
We already have laws against sexual assault and laws that allow us to use the bathroom
As for being uncomfortable in a public bathroom — should we ban guns because they make liberals uncomfortable? (And it’s not as if public bathrooms were comfortable to begin with.)
[…]
And, in the end, how will the government tell who is and isn’t transgendered? Will suspicious parties be sequestered by police and asked to produce sex identification? Will broad-shouldered women be detained on suspicion of a Y-chromosome?
And he ends the article with…
Conservatives should remember that big government threatens freedom, even when Republicans are in power. They should also remember that conservatives who pick and choose whose freedom they defend aren’t worthy of the name.
In addition, the so called “religious freedom” bills are so broadly written that you can say just about anything you don’t like is based on your personal beliefs and no one can prove you wrong. And if they write them just to cover LGBT issues then the 14th Amendment of the Constitution say you have to treat everyone the same under the law and that was one of the reasons marriage equality laws were struck down.

I believe that the only reason why Republicans attack trans people and LGB people is because it gets them votes and cash in their war chest. Because if you stop and think, passing laws that impose of the freedom of LGBT people is counter to the Republican philosophy of less government and at one time they supported LGBT rights. The first time that the gender inclusive non-discrimination bill came up in the state Senate the vote was 30 Yeas, 4 Nays and 2 Absent and then when it passed in 2011 the vote was right along party lines.



This afternoon I am down in New London doing training for homeless shelter staff.

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