04/6/15

People You Prefer

It’s amazing how infrequently the news cites or links to original source material. The hardest part of posting today was finding the dang statutory language.

In relevant part the Indiana Religious Freedom Restoration Act (RFRA) stipulates that

a governmental entity may not substantially burden a person’s exercise of religion . . .[unless it] (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

Guess what? This is literally already the law.

Indiana didn’t make these words up. And they aren’t words without meaning. “Substantially burden” and “compelling governmental interest” and “least restrictive means” are legal terms of art.

It’s called strict scrutiny. Strict scrutiny is the test courts must apply to any governmental action (law) that attempts to regulate the free exercise of religion. It’s literally already what is required by the United States Supreme Court. See Wisconsin v. Yoder, 406 U.S. 205 (1972); Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 546 (1993).

That’s why the federal RFRA analog to the Indiana bill has been deemed constitutional. It’s just not applicable to the states and that is why twenty some states have passed their own version, including Indiana.

But, in the wake of protest over it, the Indiana legislature has agreed to compromise language, which specifies that the new religious freedom law cannot be used as a legal defense to discriminate against patrons based on their sexual orientation or gender identity.

Well what about race or national origin? Or pregnancy or sex? Can Indiana’s RFRA justify disparate treatment on account of those characteristics? Well those immutable qualities are already protected from discrimination either by constitutional interpretation or specific federal statute. It’s not necessary to accuse Indiana’s RFRA of enabling discrimination on those grounds because it is understood already that it can’t. But, no such comparable protection yet exists for sexual orientation and gender identity, thus the necessary specificity.

So, here’s the amazing result. The public pressure on Indiana’s RFRA has transformed a law that was simply an echo of the legal status quo into literally an affirmative protection for sexual orientation and gender identity that did not previously exist (at least expressly).

I think in wrestling that’s called a reversal. And pin.

Regardless of the legal merits and effects, the cultural ones continue to be sort of ridiculous. On both sides. The controversy over RFRA sure involves a whole lot of can’t. You can’t eat here. You can’t tell me I can’t eat here.

I know there is some mutually-exclusiveness between the positions, but I sure would just prefer that both can. The religiously orthodox or shortsighted bigots can exercise discretion over their business interests and the LGBTQIA community can take their business and prodigious wealth just about anywhere else. I don’t believe this is going to result in significant exclusion.

When the equal access battle was fought for racial minorities in this country 50 years ago, there was no cultural capital on that side. To have waited on a cultural tide or the greed of capitalism to erode the segregation wall would have been a long, tortured wait.

It’s not the same cultural or economic ecosystem that the LGBTQIA community faces. First, our economy is so pluralistic, for every one fundamentalist burrito spot that denies you, there is an organic burrito, gay burrito, sports burrito, actually mexican burrito, or anti-burrito burrito restaurant to direct your appetite and dollars. Second, the momentum is now all on the LGBTQIA community’s side. The people who would deny service on these grounds are officially outliers. That’s not a value judgment; it’s just true. As a business person you’re somewhere along the following spectrum: (1) wildly, enthusiastically Andy Dick pro-gay; (2) gay friendly; (3) neutral; (4) personally uncomfortable but professionally ambivalent; (5) personally and professionally intrepid; or (6) passionately, comfortably Chik-Fil-A against-gay. (That’s not fully fair to CFA; I don’t even know a public enough name for this camp; which is the whole point.) I just don’t think the number and quality of the businesses desiring to publicly be (6) can be that significant. It’s just generally not very cool anymore or good for business. That’s not to say there isn’t financial opportunity in bigotry; there is. There’s just a whole lot more in non-bigotry.

And, speaking of the hipness of the relative positions, it has officially flipped. It wasn’t sexy to be an abolitionist or a non-segregationist. It definitely wasn’t cool to stand beside AIDS victims in the Eighties. But, as soon as it’s cool to be for a particular civil right, you’re on the wrong side of the issue. That’s the whole point. The community being denied the right is, by definition, marginalized not popularized. If you actually gain cultural cache among the masses by being so outspoken on a topic, you’re not a hero or martyr; you’re bandwagon. So no one should be patting themselves on the back for the most obvious possible observation that deep proponents of the RFRA are probably and mostly bigots on this topic. But, if you really count yourself a civil libertarian, the fight is now officially on the other side. People are entitled to be wrong. And, live wrong lives in furtherance. Let’s please not forget that.

I wanted to rank my favorite Easter candy just because I like ranking things. Growing up, I spent most of my Easter mornings trying to brandish various candies to my father but blinded by the Damascus Road movie camera flash. It looks like interrogation footage. Seriously.

5. Jelly beans. And, not just Jelly Belly snobbery.
4. Giant bunnies. Anything oversized at seven years old gets top 5 billing.
3. Whoppers Robin Eggs. Because someone still has to stand up for malt.
2. Mini Cadbury Cream Eggs. Am I the only one who gags trying to eat the original?

aaaaaaand

1. Grayson Allen. A delicious Easter candy too??! What can’t this kid do?

What are the chances that the vintage Paas image I chose for today would advertise “Gay Calicos”? 98. 100%?? Seriously. Total happenstance.

paas

Written and performed by sintax.the.terrific. Music produced by Dalama Jones.

Today’s blong here:

Resurrection

04/4/15

And When From Death I’m Free

I will sing.

easter

Performed by the sintax.the.terrific and playdough (collectively deepspace5). Music produced by Alex Goose.

Today’s blong here:

Rise

02/18/15

Never Too Old

IMG_1024

The full moon on a midnight snow is like daytime. As a kid, it was my favorite.

Performed by theipoetlaureate (d/b/a sintax.the.terrific).  Music produced by re:flex the architect.

Today’s blong here:

Snow Day

02/16/15

Here’s To All You Presidents Out There

This is not a showman’s job. I will not step out of character.

– Herbert Hoover

lincoln

(Not Herbert Hoover)

Performed by theipoetlaureate.  Music produced by nomold.

Today’s blong here:

The Least Powerful King

01/19/15

I Have a Dream Big

Coincidentally, my girls wrote a song about dreaming big yesterday. Not consciously inspired by the timeless words of Dr. King but, even still, an expression of the same timeless desire we all share that things will be better.

dream big H

dream big L

Song blogging allows you to be rare things in music. Timely. Relevant. Niche. Imperfect.

And personal.

So today I let my girls get down. They set all kinds of records in blonging. Quickest song written and recorded. Most Oreos eaten. Shrillest girl giggles. Whitest.

Happy MLK, to all the dreamers.

Written and performed by The Bricks (Hannah B – 9 yrs old & Lucy B 8 yrs old). Music produced by Dalama Jones.
Today’s blong here:

Dream Big

12/25/14

Bah Humbug

Yeah, I work with this guy.

No news. No rap. All attorney. So, it qualifies for publication. But, just barely. Don’t push your luck really awesome group of intelligent and amazing singers and musicians. I can sniff out a veiled challenge to the song blogging throne when it stinks. I still run things, ForwardtoCatchingARealLiveRapBeatDown.

So. Merry Christmas. Thanks for the original and worshipful carol.

I guess.

Begrudgingly,

thelaureate

Music and words by ForwardtoDawn [Chris Schoen (my song blogging arch nemesis), Emily Schoen (guilty by biology), Brian Tate (dead to me), and Mike Golus (as soon as I figure out who this guy is? . . . ho boy)]

12/24/14

Each to His Own Town

nativity 2014

Merry Christmas.

Performed by ipoetlaureate and Sojourners Music. Music produced by djclutch.

Evergreen

12/24/14

And Have Come to Worship Him

magi 2014

Today’s blong here:

Lament of the Diamond Star

12/22/14

Man Shall Live Forever More

me and kids

Performed by theipoetlaureate d/b/a sintax.the.terrific & rheomatic.

Today’s blong here:

Salvation's Army

Salvation’s Army can be purchased at itunes.com and will be featured on the long-awaited midCentury Modern debut record, The Goodness.

12/19/14

Ho Ho Ho

black+santa+vintage+image+graphicsfairy

I was pretty sure this had already been resolved 25 years ago. Santa is plainly black:

But, every year I take an extra second to make the case.

Most people I talk to agree that a child is entitled to think Santa is black. But, they usually think so for a bunch of really wrong reasons. In an informal poll of friends, I was given the following incorrect answers as to why it’s okay for black children to believe in a black santa:

1. “Everyone’s equal.” True. I think. But wrong.

2. “The president is black.” Verifiably true. Absolutely no justification for believing in a black santa.

3. “Because their dads are black.” Presumptuous, even if true on average. Actually, a pretty decent answer considering dad’s are Santa.

4. “A black santa would be more athletic.” Racist. But, true.

5. “The commercialization of the Santa Clause was instigated at a time when the marginalizationizing of the African-American community lacked the intrinsic power of self-determination to affect any resistance to the coronation of a colonialist agenda to institutionalize the white man as jolly.” Dig.

6. “Jesus was black.” Well played.

HE’S. NOT. REAL!!!!!! Thus, you can picture him however you dang like!!!!! Holy crap.

You can imagine him pigmy. Or made of cheez whiz. Or infatuated with martial arts. Or dancing Shag. It’s make believe. And, the historical analysis of the ethnicity of Saint Nicholas is even more entertaining. Santa Claus has about as much to do with St. Nicholas as Tim Allen.

I happen to imagine him extra terrestrially tentacled. That would be awesome. And, super efficient.

Performed by theipoetlaureate. Music produced by Jaq.
Today’s blong here:

Rap King Cole