Donkey-ElephantBy Selwyn Duke

Perhaps Arizona governor Jan Brewer was sincere when saying that the Religious Freedom Restoration Act (SB 1062) she vetoed yesterday could “create more problems than it purports to solve.” After all, observers such as Napp Nazworth at The Christian Post contend that SB 1062 might actually — contrary to all the hysteria — have made it harder for most business owners to refuse service to homosexuals. This analysis may have merit and can be read here, but it’s irrelevant to a larger point:

The GOP’s handling of this matter was a good illustration of conservatism’s fatal flaw.


Whatever the legal realities, about something we can be sure: many conservatives believed in SB 1062. And as with the three GOP lawmakers who voted for the bill but turned against it after the heat was turned up,  many of those conservatives caved under great pressure from greedy businesses, limp-wristed neo-con artists (John McCain) and that great leftist public-relations team (the media).

I’ve long lamented that conservatives are conservative; that is to say, they play defense and just try to protect the status quo, which was, though conservatives generally appear oblivious to the fact, created by yesterday’s liberals.

So they never actually try to rescind those efforts at thought control called hate-crime laws, but just hope to limit the scope of new proposals for them. They never really endeavor to eliminate government programs and bureaucracies; they just aim to slow down their metastasizing. They hardly ever try to reduce spending and shrink government, but just seek to limit the rate at which both balloon. And with the Arizona effort, they weren’t really willing to do what was necessary to reclaim freedom of association. They just proposed a half measure and then folded like cheap cameras.

As for the Three Mouseketeers who ran for cover — senators Bob Worsley, Adam Driggs and Steve Pierce — they wrote in a letter to Brewer that while they wanted “to create a shield for all citizens’ religious liberties, the bill has been mischaracterized by its opponents as a sword for religious intolerance.”

Wow, is that all it takes?

We might as well just bow down and lick the left’s jackboots right now.

How did these three chronologically adult politicians think the left would characterize their effort? Who are these guys, Beaver and Wally Cleaver and Dennis the Menace? Of course the left is going to call you names! That’s what they do. And now you’ve just confirmed for them, once again, that this is all they have to do to bring you to your knees. Welcome to How to Lose a Culture War 101. 

How should conservatives handle such name calling?

Hurl names right back.

Call the leftists what they are: tyrants, socialists and haters of liberty. Explain that they want to destroy freedom of association. Seek to control the language of the debate and to frame the narrative — and use their own Alinsky tactics against them. And we do have one great advantage: we’re right and righteous.

As for strategy, realize that framing this as a matter of freedom of religion makes it seem a special-interest cause, as not everyone considers himself “religious.” What we really need is a Freedom of Association Restoration Act.

For this freedom is increasingly trampled. A photographer in New Mexico being sued and two Oregon bakers forced to close their business — both for refusing to be party to lesbian so-called “weddings” — are just two examples of the phenomenon.

But think about the supposition justifying this kind of government coercion: no one would deny me the right to include in or exclude from my home whomever I please. Why should I lose this right simply because I decide to erect extra tables and sell food?

It’s still my private property, paid for with my own money and created by the sweat of my own brow. It’s tyranny to give me a choice between relinquishing my rights — and starving.

Likewise, no one would force you to bake cakes for or take pictures of people with whom you didn’t want to consort. Why should this change just because you decide to bake cakes or take pictures for money? The principle is simple: your home, your oven, your camera — your choice.

The hypocrisy here is thick, too. We wouldn’t force a Muslim butcher to deal in pork or a Jewish baker to place Nazi symbols on a cake; in fact, there’s a story about a supermarket that refused to place the name of a neo-Nazi’s son — Adolf Hitler Campbell — on a birthday cake. And even more recently we heard about a bar in California denying service to legislators seeking to protect marriage. Of course, the left will claim there’s no comparison, as pork eaters, Nazis and pro-marriage individuals aren’t protected groups. So let’s get this straight:

They trumpet discrimination as an argument for disallowing discrimination.

And what invidious discrimination theirs is. They somehow think that supporting the granting of just some groups “protected status” — and thus leaving other groups, apparently, “unprotected” — gives them moral high ground in trying to discriminate against yet other groups by forcing them, but not others (e.g., those opposing and denying service to traditionalist legislators), to violate their deeply held convictions. Only a twisted mind could consider this justice. Of course, though, with liberals telling us via a high-school textbook (Magruder’s American Government & Civics) that justice “is difficult to define for justice is a concept, an idea, an invention of the human mind [and that] [l]ike other concepts such as truth, liberty, and fairness justice means what people want it to mean,” this is no surprise. 

Some will balk at my argument, saying that my position on freedom of association would allow businesses to discriminate even on the basis of race or sex. The answer to this is illustrated with a simple analogy: does freedom of speech mean anything if only extended to popular speech? It then isn’t freedom of speech at all, but merely the establishment of different prohibitions than may exist in Iran, North Korea or Cuba. Likewise, the true test of whether we really believe in freedom of association is if we’ll extend it to even those who would exercise it in a way we abhor.

As for businesses that must operate in today’s tyrannical, rights-squelching environment, I have a solution. If, for instance, people forced me through law to provide bakery services for them, the trauma just might affect my ability to identify and measure ingredients and follow a recipe. And I would then show them that you can have your cake, but you can’t eat it, too.

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                                           © 2014 Selwyn Duke — All Rights Reserved

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5 responses to “Razing Arizona: Conservatives Succeed at Failing Again”

  1. Philip France Avatar
    Philip France

    While agreeing with Selwyn’s overall points, I disagree about conservatives’ most fatal flaw: we are beholden to the truth and that our opposition is not.

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  2. RobertBerger Avatar
    RobertBerger

    For once,governor Brewer did something right . The Arizona bill is NOT about “protecting religious freedom “.It is nothing but a smokescreen for allowing bigots to discriminate against gay people,something which they already do all the time .
    And it would have opened up the slippery slope toward continued chipping away at the rights of gy Americans and ultimately toward governmentpersecutionof them . This is exactly what Hitler and the Nazis did in Germany once they tookover in 1933 .They made more and more laws denying Jews
    the right to own businesses ,to work, earn a living ,anddo everything that people do in normal
    life . And we all know what this led to .

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  3. Dmitry Chernikov Avatar

    Selwyn, you made me happy today with this beautiful libertarian article.
    Discrimination is an exercise in property rights. It’s absolutely true that “framing this as a matter of freedom of religion makes it seem a special-interest cause, as not everyone considers himself ‘religious.’ What we really need is a Freedom of Association Restoration Act.”
    Anybody should be able to discriminate against anybody else for any reason whether in personal life or in business. It’s both a natural right and the utilitarian thing to do.
    I’d only add that as things actually are, businesses can almost always be trusted not to refuse service to unpopular minorities. It’s not like an isolated case of discrimination is equivalent to some caveman’s getting universally shunned by or exiled from his tribe into the wilderness where he will probably die.
    The left has no case either in principle or in fact.

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  4. John Charles Avatar
    John Charles

    There is such a thing as conscientious objection. Tolerance and acceptance are two different concepts. Those who do not accept the homosexual lifestyle can and should be tolerant, but that doesn’t mean one has to accept and be required to actively support it. A Christian baker would show tolerance and certainly sell baked goods to any and all homosexuals. However, requiring the baker to bake a cake specifically for a homosexual wedding is requiring active participation in the wedding’s preparation which is support. This act implies acceptance, enabling specific behavior that violates fundamental religious tenants of the baker. Under these circumstances, the baker has a conscientious objection based on religious grounds. We’ve had conscientious objectors based on religious grounds since the history of the country. We do not require those objecting to war to serve in a combat role and for some to serve in the military at all. This debate continues over pro-choice advocates consciously objecting on religious grounds over their federal tax dollars providing support to abortions. Also, this is the basis of Catholic hospitals consciously objecting to performing abortions but offering all other medical treatment to all in need. This is different than denying all homosexuals medical treatment of any kind.

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