Tag Archives: Republican Party (United States)

Religious Freedom & Discrimination

Sexuality confusion

(Photo credit: Wikipedia)

As this is being written, the Employment Non-Discrimination Act passed in the Senate and is awaiting the consideration of the House. This bill would protect employees from being fired based on their sexual orientation or gender identity. The bill exempts businesses that have less than 15 employees, religious non-profits, government owned businesses and businesses owned by Native American tribes.

Speaking against this bill, Republican Senator Dan Coats claimed that it violates the religious freedom of businesses owners. In making his case, he used the example of how faith-based daycare providers “could be forced to hire individuals with views contrary to the faith incorporated values of the daycare providers.” He also raised the concern that the bill also violated the right to free speech because it would “also would allow employers to be held liable to workplace environment complaints opening the door to the silencing of employees who express their deeply held beliefs.” There are two general issues here that I will address in turn.

The first issue is whether or not forbidding discrimination on the basis of sexual orientation or gender identity is a violation of the religious freedom of business owners.

Business owners do not lose their right to religious freedom just because they own a business. As such, they are free to hold to whatever religious belief (or disbelief) that they wish. However, the law can justly limit how they can act on those beliefs. For example, a person can freely worship a deity that they believe demands human sacrifice but they should not be granted an exemption in regards to the laws against murdering humans. In this case, the harms that would arise by allowing human sacrifice outweigh concerns about religious freedom. That is, the right of people not to be murdered trumps the right of people to freely exercise their faith.

In the case of the anti-discrimination law, the core question is whether or not the right of the owner to act on his religious belief trumps the right of employees not to be discriminated against. It is, of course, assumed that employees have such a right—but it could be argued that there is no such right and that employers should have the right to fire anyone, anytime for any reason. In this case, any laws that limited this alleged right would be wrong—thus making it morally acceptable for people to be fired for being Christian, straight, blue-eyed, ugly, smart, black, white, or anything at all. Presumably this would also allow employees to be fired for not having sex with the boss. This, however, seems absurd. As such, it seems reasonable to assume that employees have a right to be protected against discrimination.

It could be argued that firing someone solely on the basis of sexual orientation or gender identification would not be discrimination. However, firing an employee solely because of her sexual orientation or gender identification would clearly seem to be discrimination by its very nature. After all, the person is being fired for a reason that is not relevant to the job in question. This would also apply to non-firing cases, such as underpaying an employee. Naturally, if a person’s behavior arising from her sexual orientation or gender identity did impact her job in relevant ways, then the employer could act against the employee without it being discrimination. But this would be acting based on the detrimental behavior, not the orientation or identity.

Thus, it comes down to whether or not an employer should have the right to fire, etc.  an employee solely for the reason that the employee has a sexual orientation or gender identity that the employer regards as being against his religious beliefs. Given that the employee is not providing any other justification for being fired, etc. the answer would seem to be “no.” After all, firing someone solely for his sexual orientation or gender identity would be on par with firing someone solely because he was a Christian or Latino. If the employer had a faith that involved regarding being a Christian as wicked or one that involved racism that would not provide an exemption. Crudely put, just because someone has a bigoted and prejudiced faith that does not thus warrant his acting on it.

As a final argument, there is the fact that the harm done to employees would exceed the harm being done to employers. The fact that a religious person might have to endure having gay, women, Christian or Asian employees creates far less harm than allowing employers to engage in discrimination. Thus, the right to religious freedom does not trump the right to not be discriminated against.

The second issue is whether or not the right to free speech protects employees expressing religious beliefs in the workplace when these expressions express discriminatory views against the sexual orientation or gender identity of employees.

This issue is, obviously, very similar to the previous one. In this case, the question is whether or not the right to free expression trumps the right to not be subject to discriminatory expressions in the workplace.

On the face of it, there generally seems to be no compelling reason why people would need to express their views about sexual orientation or gender identity while at work—even if someone had faith-based views of these matters that involved regarding, for example, being gay as wicked.  To use the obvious analogy, there seems to generally be no compelling reason why people would need to express their views about race while at work—even if they had faith based views on these matters that involved, for example, ideas of white supremacy. In contrast, expressing discriminatory views against the sexual orientation or gender identity of people in the workplace would create a hostile workplace and this would be a harm. As such, the right of freedom of expression does not seem to trump the right of people to not be subject to such expressions in the workplace.

Crudely put, requiring people to not engage in discriminatory expression (whether it is faith based or not) while in the workplace imposes less of a burden than requiring people to endure it in the workplace.

In regards to both issues, one could argue that certain sexual orientations or gender identities are such that they would warrant firing a person and also speaking out in the workplace against them. For example, firing a person from a daycare job because he is a pedophile or speaking out against pedophiles in the workplace would not seem to unjustly discriminate against pedophiles.

The question would then be whether or not the protected sexual orientations and gender identities are such that merely having one would warrant firing, etc. a person. In regards to the sexual orientations and gender identities covered by the bill, the answer would seem to clearly be “no.”

Thus, it would seem that religious freedom and free speech do not warrant workplace prejudice.

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Virginia’s Ultrasound Law

English: The state seal of Virginia. Српски / ...

Is that an ultrasound probe?

The Virginia state legislature is on track to pass a law requiring women to have a transvaginal ultrasound before being permitted to have an abortion. As might be imagined, there is considerable opposition to this law. Some critics have  even argued that forcing women to undergo an invasive procedure could actually be a sex crime under Virginia law. As might be imagined, this matter raises numerous moral concerns.

One point of concern is that, as presented in comedic fashion on the 2/21/2012 Daily Show, some of the folks supporting the bill seem to be directly violating their own professed principles regarding the appropriate role of the state. For example, the woman who put forth the bill previously argued against “Obamacare” on the grounds that the state should not make such an imposition on liberty. As another example, the governor of the state was critical of the TSA “pat downs” as being too invasive. He has, however, expressed his intent to sign the bill into law.

As might be imagined, forcing women to undergo such an invasive procedure seems to be rather inconsistent with the past arguments by these folks regarding individual liberty and the appropriate role of the state. After all, if it is unacceptable for the state to force people to buy health insurance because it violates their liberty, forcing a woman to undergo penetration against her will seems to be even more unacceptable.

Naturally, I am not claiming that these people are wrong now because their current view seems to be inconsistent with their past views. After all, doing this would be a fallacy (ad hominem tu quoque). However, it is fair to simply take the reasons they presented against forcing people to buy health insurance and apply them to their own view on the forced ultrasounds. As such, if they were right then, then they would seem to be rather wrong now. Naturally, people tend to not be very big on consistency-as Mill noted in his discussion of liberty, people generally take the view that the state should do what they want and do not base this on a consistent principle regarding what is fit and unfit for the state to do (or not do).

The most important point of concern is, obviously enough, whether or not it is right for the state to mandate such a procedure. While, as noted above, proponents of this bill seem to have railed against state imposition in other matters,I will accept that  there are cases in which the state can justly impose. The question then is whether or not this is such a case.

The most common basis for justifying state imposition is the prevention of harm. To use an obvious example, the state justly forbids people from stealing. In the case of the ultrasound, the assumption seems to be that this law will help reduce the number of abortions and this will, as some folks see it, combat a harm. However, the evidence seems to be that this will not be the case. Dr. Jen Gunter has a rather thoughtful analysis of this matter that addresses this point. As she notes, sex education,access to medical care and  contraception have the greatest impact on reducing abortion rates. These are, oddly enough, often opposed by the same folks who are vehemently opposed to abortion. As such, the law makes no sense as an abortion reducer even if it is assumed that the state has the right to make impositions with the goal of reducing abortions. In light of this, it would seem clear that the law is morally unjustified.

Even if the law would, contrary to fact, reduce the number of abortions, there is still the question of whether or not the state has the right to make such an imposition. After all, there are appealing arguments for individual liberty and keeping the government out of peoples’ business-often made by the very same people who back this particular intrusion into liberty (as noted above). My general principle is that the burden of proof rests on those who would make such impositions into law. That is, they have to provide a sufficient reason to warrant impinging on personal liberty and choice. As its stands, the proponents of this law have not made such a case. After all, it will not even achieve its apparent goal of reducing the number of abortions. There are also no legitimate medical reasons for making such an imposition and, as such, it seems to be an unwarranted and  needless attempt to legalize the violation of the rights and bodies of women.







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Straw, Lies & Errors

Straw Man

Straw man is a rather commonly committed fallacy. Interestingly, it is almost as common for people to accuse others of making straw men as it is for people to actually commit said fallacy. Since I am in a phase of holiday laziness, I decided to write a bit about straw men, lies and errors rather than take on a major topic.

Defining the straw man fallacy is easy enough:

The straw man fallacy is committed when a person simply ignores a person’s actual position (argument, theory, etc.) and substitutes a distorted, exaggerated or misrepresented version of that position. This sort of “reasoning” has the following pattern:

1. Person A has position X.
2. Person B presents position Y (which is a distorted version of X).
3. Person B attacks position Y.
4. Therefore X is false/incorrect/flawed.

This sort of “reasoning” is fallacious because attacking a distorted version of a position simply does not constitute an attack on the position itself. One might as well expect an attack on a poor drawing of a person to hurt the person.

Obviously enough, it is reasonable to point out when someone is making a straw man and to note that any attack on the straw man will fail to do any damage to the original version. Of course, it is important to be sure that such an accusation actually fits.

Whether a characterization is a straw man or not depends, obviously enough on what is being characterized. Roughly put,  ”strawness’ is a relative thing and what might be a straw man characterization of one person’s position could very well be an accurate description of another person’s view. As such, a person can be wrongly accused of presenting a straw man because the accuser is mistaken about which position the accused is actually describing. I have even noticed that people sometimes assume that the writer must be writing about them when, in fact, the writer is not.

So, before crying straw it is a good idea to see what the person is actually characterizing. While it might seem to be distorted or exaggerated it might really be spot on.

While most straw men are distorted versions of specific views, there is also variation of the straw man which involves presenting a position that “no one” actually holds and attacking it. In many cases, these positions are attributed to vaguely identified groups (feminists, liberals, conservatives, etc.)  rather than specific individuals. While it is obviously legitimate to point out when people do this sort of thing, it should be determined whether the person is actually setting up such a generic straw man. As noted above, there are views that are really held that would tend to seem like willful distortions on the part of the person describing them.

There are various other ways to use straw men, but I’ll leave those for people to bring up in comments.

Switching now to lies, I have noticed that when I teach this fallacy my students inevitably ask about the difference between presenting a straw man and lying.

On the face of it, a straw man would be a form of lie. After all, a person knowingly presenting a distortion or exaggeration with an intent to deceive would seem to be engaged in an act that falls nicely within the kingdom of lies. As such, I do not see any significant problem with characterizing intentional straw men as involving a lie (or lies) as a component.  For example, when the health care bill Obama was supporting was characterized as establishing death panels and attacked on those grounds, then that would seem to qualify as both a straw man and a lie.

That said, there is more to a straw man than merely lying. As noted above, the straw man fallacy involves more than just presenting a distortion-it also involves rejecting the original on the basis of an attack on the distorted version. As such, it would probably be best to say that a straw man makes use of a lie (or lies).

The deceptive aspect of the straw man also brings in a moral element on top of the critical thinking element. After all, engaging in poor reasoning need not be immoral. However, the intentional use of deceit is often morally problematic (although, as people will no doubt point out, there are intuitively appealing exceptions). One obvious concern is that if a position is actually bad enough to morally require that deceits be used to attack it, then it would seem to follow that it could be justly criticized “in the flesh” rather than “in the straw.” No doubt there are exceptions to this as well-positions that are wicked or flawed and yet could not be defeated by arguing against them in their actual forms.

While many straw men do involve intentional deceits, there are others that do not. These are cases that involve errors.

One obvious example of straw man by error is when someone tries to honestly characterize a view and simply gets it wrong because the view is rather difficult to understand. For example, I often see such straw men in student papers when they try to summarize the arguments of a philosopher. These

Another example of straw man by error is when someone presents a straw man out of ignorance, sloppiness or some such reason. For example, a person might receive an email that distorts the Republican position on tax cuts and then go on to use that version in his blog. In this case, the person is not engaged in an intentional exaggeration.

To use an analogy, this could be seen as being a bit like counterfeit money. A person who knowingly creates a straw man is like a counterfeiter: she is created a deceitful product that she hopes others will accept as the real thing. Someone who accepts the straw man and unknowingly passes it on to others is like a person who gets counterfeit money and spends it herself, unaware that she is passing on phony money.

As with counterfeit money, the person who passes the straw man along in ignorance is not morally responsible for the deceit-she is acting in good faith and is also a victim. This, obviously enough, assumes that the person passing it on took a reasonable amount of effort to assess what was passed on to her.

Sticking with the money analogy, if I pick up some flawless counterfeit bills in my change at the grocery store and I pass them on to others when I buy things, I would seem to be an innocent victim. After all, the source is supposed to be safe and the bills pass all the tests I could reasonably be expected to use. However, if I am handed bills from a questionable person or the money looks a bit fishy, then I would be culpable (to a degree) for uncritically accepting them and passing them on to others.

If this analogy holds, then a person who passes on a straw man from others might be called to task for this or might merely be an innocent victim. In some cases it might be rather hard to determine which category a person falls into.

As one final point, people sometimes make the mistake of conflating errors and straw men. For example, I might claim that WikLeaks’ leak was a good thing because it revealed important new information to the public, such as the fact that Saudis provide considerable support to terrorist organizations and the fact that Pakistan also lends support to such groups. In response to this someone might say that I made a straw man because it is already well known that the Saudis and Pakistanis are supporters of terrorist groups.

However, there is a difference between merely being in error and making a straw man. To be specific, being in error is merely being wrong and a straw man is, well, what was defined above. In the example just given, I could be completely wrong (some have claimed that almost everything leaked was already available), however it would not be a straw man because there was no attempt to present a distorted or exaggerated version of a position. The main test (which is not perfect) is to ask what position, if any, is being distorted or exaggerated. If there are not plausible grounds for claiming an act of distortion has occurred, then it is more reasonable to claim that the person is wrong about the facts rather than accusing him of creating a straw man. Naturally, there will be gray areas in which it is not clear what is the most plausible explanation.

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