Showing posts with label radical feminism. Show all posts
Showing posts with label radical feminism. Show all posts

Wednesday, May 6, 2015

History, Public Education, Gender & The Left



It is not news that our public education system is failing our children. We have pumped money into public schools for fifty years and have seen little increase in reading or math skills. Moreover, the results are even worse when it comes to U.S. history and civics. While these increases in spending have done nothing to help the children, they have created a Frankenstein's monster with public sector teachers unions that actually inhibit improving public education and that exist seemingly for the sole purpose of acting as a money laundering operation for the left.

The following depressing news on student knowledge of U.S. history, civics and geography comes from Breitbart:

Results of the “Nation’s Report Card” released this week by the National Assessment of Educational Progress (NAEP) show that only 18 percent of 8th-graders are “proficient” or above in U.S. history, and only 23 percent are proficient in civics.

Despite hundreds of billions of dollars poured into education programs in the United States via the U.S. Department of Education, the “Nation’s Report Card” states that 8th-graders’ average NAEP scores in U.S. History, Geography, and Civics demonstrated no significant change since 2010 when students were last assessed. In geography, just 27 percent of U.S. 8th-graders performed at or above the proficiency level on the NAEP assessments.

Among white, black, Hispanic, and Asian students, Asians scored highest, with 33 percent proficient in U.S. History, 44 percent in geography, and 40 percent in Civics. White students are at 26 percent proficiency level in U.S. History, 39 percent in geography, and 32 percent in civics. Only 6 percent of black students scored at the proficient level in U.S. History, 7 percent in geography, and 9 percent in civics, while Hispanics were at 8 percent, 11 percent, and 12 percent, respectively. . . .

In an analysis of the report, National Center for Policy Analysis Youth Programs Director Rachel Stevens asked whether it is any wonder U.S. students are struggling in U.S. History, geography and civics – commonly grouped together as “social studies.”

This should come as a surprise to no one. Nothing is more politicized by the left than our history education, with many educators wanting to turn what history they do teach into a social justice grievance theater for our children rather than a study of the the events that drove the development of our nation, why they occurred, and why they are important. Without that fundamental knowledge, it is next to impossible to know what is worth valuing, or the dangers that might accrue to the nation from taking particular paths, such as turning our nation from a republic into a regulatory bureaucracy, limiting freedom of speech, removing the Judeo Christian religion from the public square, or enacting gun control to take weapons out of the hands of law abiding citizens. Each of those issues is steeped in centuries of bloody conflict and each were decided upon by our Founding Fathers based on that extensive history. But if one is not aware of that history, than it is far easier to work fundamental changes to our nation. As perhaps the greatest of living historians, Bernard Lewis, wrote in a 2008 editorial:

We live in a time when great efforts have been made, and continue to be made, to falsify the record of the past and to make history a tool of propaganda; when governments, religious movements, political parties, and sectional groups of every kind are busy rewriting history as they wish it to have been, as they would like their followers to believe that it was.

The left's disdain for our nation's history was on display in a recent appearance by our nation's First Lady, Michelle Obama, in remarks she made at the Whitney Museum. Said Ms. Obama:

You see, there are so many kids in this country who look at places like museums and concert halls and other cultural centers and they think to themselves, well, that’s not a place for me, for someone who looks like me, for someone who comes from my neighborhood. In fact, I guarantee you that right now, there are kids living less than a mile from here who would never in a million years dream that they would be welcome in this museum.

And growing up on the South Side of Chicago, I was one of those kids myself. So I know that feeling of not belonging in a place like this. And today, as first lady, I know how that feeling limits the horizons of far too many of our young people.

So museums, the physical repositories of our nation's history, are built for white Americans? Black Americans and other minorities have no interests at stake in our nation's history and thus, rightly, feel unwelcome or shunned by museums? This is but an extension of the social justice grievance theater attitude of the left towards our history. Horrendous.

To shift gears to a related story, one that shows that the left has far more interests in pushing an ideological agenda as opposed to actually educating our children, there is the issue of whether our children, or at least a portion, would be better served by attending single sex schools. I have personal experience with this and can attest, anecdotally, that my experience has been that males learn better in a single sex environment and that there are far fewer disciplinary problems. I would expect that my observations are borne out by research, and indeed they are. This from the CRC:

The advantages of single-sex schools According to multiple long-term studies of children from around the world, students achieve more and learn better in single-sex schools.

An Australian study of 270,000 students found that both boys and girls performed significantly higher on standardized tests when they attended gender-specific schools.

During an experiment in Virginia in 1995, 100 eighth graders were separated just for math and science courses. Almost immediately, the girls began to achieve more, become more confident and participate more often in class.

In 2001, a British study concluded that nearly every girl regardless of her ability or socioeconomic status performed better in single sex classrooms than co-ed ones. The study of study of 2954 high schools and 979 primary schools showed that while boys at the lowest ends academically improved the most in single sex schools, single-sex education was particularly beneficial to girls. Every one of the top fifty elementary schools and top twenty high schools in Britain are single sex schools.

And this today from Britain's newspaper, The Telegraph, completely reinforces that reality: Girls thrive in single sex schools because they do not have to impress boys, head says.

Single sex education is better for teenage girls as it takes the pressure off them to try and impress boys in a “sexualised world”, the headmistress of one of Britain's best boarding schools has claimed.

Rhiannon Wilkinson, head of Wycombe Abbey in Buckinghamshire, suggested female pupils were allowed to "remain girls for longer" at boarding school so they can focus on their work.

She added single boys hold girls back because girls mature faster and it is best for their education to grow in a "boys free" environment. Speaking to the Telegraph, she said: "My wide educational experience in both mixed and girls’ schools has shown me clearly that girls are best served educationally in their teenage years in a boy-free work environment.

"Most psychological studies suggest that girls and boys develop at different rates and that girls are far in advance of boys through the teenage years: it is in a girl's best interests to be educated separately, at least until boys catch up with her."

A study published in 2013 by Newcastle University scientists found evidence that girls' brains can start maturing from the age of 10 while some men do not start that process until they are between 15 and 20.

The head of the independent girls' boarding school added: "A single-sex education does not mean a single-sex life and there are many opportunities at girls’ schools for girls to mix with boys socially and enjoy sharing time together in a non-competitive way."

Ms Wilkinson, who also taught a Haileybury, an independent co-educational school in Hertford, said another benefit of an all-girls education is that they can focus on their education without the distraction of wanting to please boys.

She said: “In co-ed environments lots of girls when adolescence kicks want to be liked by boys not just for their intelligence and want to be popular with boys.

“In a girls environment you’re free from that. Most of the time you're focusing on your education, on who you are, you don’t feel you're not being yourself in the classroom, you're not afraid to throw yourself in the sport field.”

She also said boarding schools take the pressure off girls to grow up quickly in a “sexualised world".

Ms Wilkinson said: "Girls in single sex schools thrive, they remain girls for longer, these places provide a bit of protection, a bit of relief from a highly sexualised world. Boarding schools are wonderful havens and oasis where girls can be happy and achieve what they need academically."

Her comments echoed earlier remarks by Tony Little, the headmaster of Eton, who said single-sex education allowed pupils to “be themselves” until later in life.

Mr Little said last month: "What does strike me is that in a single-sex environment, particularly at the age of 13,14,15, there is an opportunity for both boys and girls to be themselves for longer. To be 'boyish' for longer, to be young girls." . .

This all seems a no-brainer. Separate kids by gender so that they can concentrate on academics rather than the opposite sex. Indeed, one could argue that this is increasingly important for males as the public education system becomes ever more feminized and hostile to boys.

So what could possibly be the arguments from the left against dividing up our public schools by gender? One, they summarily dismiss all the studies showing that there is any sort of performance difference between co-ed and gender specific schools. Two, they ignore the issue of disciplinary problems. Then they get to the meat of their ideological complaint:

"There's really no good evidence that single-sex schools are in any way academically superior, but there is evidence of a negative impact," said Lynn Liben, professor of psychology and education at Penn State and co-author of the study. "Kids' own occupational aspirations are going to be limited, and there could be long-term consequences where, for example, girls are used to being in roles only among other girls, then they have to face the real world where that's not the case."

Supporters of single-sex schools argue that boys' and girls' brains are wired differently, and therefore require different teaching styles to maximize education, but study authors note that neuroscientists have not found hard evidence that show differences in girls' and boys' different learning styles.

The report also cited a 2010 study which compared two preschool classes. In one class, the teacher used gender-specific language to address the children. The other teacher did not. After just two weeks, the researchers reported that children who had the teacher using sex-specific language played less with children of the other sex. The kids also showed an increase in gender-specific stereotypes (i.e. boys played with trucks, girls with dolls).

Ahhh, those pesky "gender specific stereotypes" of which the radical feminists always complain. Preventing such stereotypes is obviously a greater societal good than the actual education of our children. Also, though unstated, dividing students by gender would also make it much more difficult for the left to sexualize children. And God forbid a girl should not aspire to be, say, an infantry soldier or a fire fighter. As the left has made clear, physical differences between the sexes are to be ignored for the benefit of ideology. They want to impose their fantasy upon us, regardless of the societal cost.

The biggest threats to our nation are internal, at the moment at least. And no internal threat is greater in the long run than the stranglehold the left maintains on our K-12 public education system, where ideology and graft trump the education of our children.





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Tuesday, May 5, 2015

NYFD, Radical Feminism & The Left's War On Standards



Some jobs have a physical component that requires certain standards of strength, stamina and resilience, period. Combat arms jobs are one, policing/security is another, and a third is firefighting. Yet the left, in a bow to radical feminists, wants to lower standards - or completely ignore them in some cases - to allow women into the same jobs. It is social engineering, applied radical feminism, a triumph of fantasy over reality, all in the name of toxic political correctness. It has gotten people killed in the past, and it will continue to get people killed in the future.

The latest example of this leftist insanity comes from New York, where, in an effort to allow more women into the fire department, New York's far left Mayor de Blasio has gutted the physical standards that are, in fact, directly related to the tasks firefighters are expected to perform on the job. This from Hot Air:

This promises to turn into a sticky wicket for the New York City Fire Department. One of their upcoming graduates is going to be accepted into the ranks and go to work as a firefighter despite having failed a grueling physical test multiple times. This comes as a result of recent changes to the city’s criteria for how graduates are scored. . . .

Under the new and improved criteria, a recruit can be considered to have passed if they do exceptionally good on the academic testing. The fact that firefighting is penultimately a physical activity and that this woman, Rebecca Wax, hasn't come close to meeting the minimum physical performance standards required of all firefighters is simply ignored in the push for hiring more women. It will of course matter tremendously when a fire starts and the firefighters need to act in concert to save lives and put out fires without getting themselves injured.

Let's be absolutely clear. This lowering of standards is not in service of the public or society; they / we are endangered by it. Moreover, it does a disservice to the women involved who will be expected to perform beyond their capabilities in an emergency situation. Likewise it does a disservice to the co-workers of such women who will be put in danger as they have to try and pick up her slack even as they perform their own duties. The only people who this benefits are those on the left who will now feel morally superior for advancing diversity and, equally, politicians like de Blasio who will be able to make a campaign ad out of this. I'm sure the ad won't mention the names of people who are injured or die because of this enlightened policy, but that is just my own prognostication.





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Thursday, March 12, 2015

Feminism & The Wit of Ann Althouse



Modern feminists in the West are a sorry lot. Having largely (and rightly) achieved their goals of equality in law and spirit, they have descended into man-hating farce, raging against caricatures and the sum of all evils, patriarchy. The problem is that, given reality, after awhile it's hard to come up with new material.

Ann Althouse, at her blog, comments on an article today at HuffPo Women, "Woman Slaps Period Pads All Over Her Town For A Very Important Reason." The article is about a woman who puts messages on sanitary napkins, such as, "imagine if all men were as disgusted with rape as they are with periods," then pastes them about town. Says Ms. Althouse:

I'm telling you — and I've told you before — the job of cranking out one "feminist" post after another is not easy. And isn't it just what you'd expect in a phallocracy? — that they'd relegate this job to women. How I pity the slaving female scribes of HuffPostWomen.

That's Onion worthy. After a long laugh at that comment, I noted that Ms. Althouse also highlighted the name of the women posting the padded messages about town -- Elonë Kastratia. C'mon.





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Wednesday, March 11, 2015

Wolf Bytes



This does not bode well: Scott Walker Buckles Amongst The Corn Cronies

The truth is that Obama sealed Iraq's fate as an Iranian satellite the day he tossed away our victory and pulled us out: ‘Every Single Thing We’re Doing Is Making Iraq a Better Place for Iran’

The intersection of identity politics (taken to the level of farce) and psychological problems: Fifty-Six Shades of Gender Insanity

The Ice Age Cometh: Giant Chunks Of Ice Wash-Up On Cape Cod

The Enlightenment marked civilizations greatest advancements; largely only bad things have happened since we've advanced beyond the Enlightenment itself: Bad Feminism

Disparate Impact statistical analysis is not proof of anything: The Disparite Impact Racket

A question perhaps best asked David Duchovney: Can Porn Give You Erectile Dysfunction?

Inspiring bookworms in Marin: Trevour Loudon speaks from the belly of the leftist beast





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Wednesday, August 7, 2013

And Now For A Comment On Dr. Who's Willie

The many actors who have played the role of Dr. Who since 1963

Not being gay, rare it is when I focus on another man's willie, Anthony Weiner's weiner notwithstanding. And yet, today, I am being forced to focus on the genitalia of Dr. Who, the main character of a wildly popular BBC sci-fi show of the same name. As Wiki explains the series:

The programme depicts the adventures of a Time Lord—a time travelling, humanoid alien known as the Doctor. He explores the universe in his 'TARDIS', a sentient time-travelling space ship. Its exterior appears as a blue British police box, a common sight in Britain in 1963, when the series first aired. Along with a succession of companions, the Doctor faces a variety of foes while working to save civilisations, help ordinary people, and right wrongs.

The show is fast paced, funny, clever and usually quite good, though the quality does vary. Being a BBC production, the show also gets very preachy at times about modern left wing values. For but one example, the show is virulently anti-gun. That said, only on occasion does the show go so overboard in preaching modern left wing values that I turn off the television in disgust.

At any rate, every, year or two, the Doctor undergoes a metamorphosis. His body becomes fatally damaged, he goes into the TARDIS and emerges a wholly new, well, middle aged British actor. It's been going on that way since 1963. And it appears that the next Doctor, whom we will be meeting around Christmas 2013, will be played by a 55 year old Scottish comedic actor, Peter Capaldi.

This news has brought out the most estrogen laden primal scream one can imagine from one writer at The Atlantic. Bemoaning the "misogyny" of the show as well as the "cultural marinade known as The Patriarchy," the fact that the next Dr. Who, like every previous one over the past half century, will have a willie rather than a vagina has the writer's thong in a twist. Here is a taste from what is a masterpiece of gender pc writing:

And yet, not taking a bolder leap in the casting and switching up the gender and/or race of the Doctor feels like a missed opportunity. The Feminism of Doctor Who Tumblr, in anticipation of the announcement, ran a feature called The Time Lady Project, which suggested dozens of potential actresses who could play the part. Some of these were pie-in-the-sky because they were such big stars (Tilda Swinton, Helen Mirren, Emma Thompson), but many of them were in that really-good-but-not-too-big-to-commit-to Who's-grueling-schedule range. And having a woman as the smartest, bravest person in the universe, being able to fix any problem, save the world with her wits, a magical vehicle, and boundless courage--who wouldn't want to watch that show?

But instead, another white guy. The structural sexism of the show remains intact. As this will be the first-ever real-time regeneration since I've become a fan, it's a bit of a letdown. . . .

. . .Flipping the power-imbalanced relationship between a male Doctor and a female companion could have given the show a jolt of new energy and perhaps taken the storytelling in unexpected directions.

Of course, maybe it's for the best that the first female Doctor isn't in the hands of the current showrunner. During the regeneration of Mels into River Song, after all, we were treated to such Moffaty gems as her "focusing on a dress size," weighing herself, and going shopping.

And as we all know, no real women would ever concern herself with a dress size, weigh herself or go shopping. Ah, those unrealistic gender stereotypes that must be driven from polite society. I would note that River Song was a very rounded character, comparable in most ways to her husband - The Doctor. Both she and the Doctor are shown as being admirable and imperfect in their own ways - which is how it has always been with virtually every doctor and most every female companion. What the writer is really bemoaning, like virtually every modern feminist, is not the lack of equality among the sexes, but that we recognize any differences between the sexes and, ultimately, that we do not live in a matriarchal society. I am pretty sure that Instapundit's wife has had something to say on this topic.

Having read through this estrogen laced scream, I looked to the by-line, expecting it to have been written by a radical women's studies prof or a NOW organizer, or perhaps even Sandra Fluk. But no, this was written by one Ted Kissell, a middle aged white male writer and editor out of Southern California. It is my sincerest hope for Mr. Kissell that he is writing things like this simply to get in with the local femenists so that he can get laid. Otherwise, this guy needs reconditioning, testicular implants and an immediate round of testosterone therapy.

Update: The NYT has published an op-ed piece by Jennifer Finney Boylan, likewise bemoaning the fact that the next Dr. Who will have a willie. Boylan - a transgender woman, originally born James, leaves little doubt that she would see the casting a female Dr. Who as an affirmation of his / her gender choice.

Update 2: Powerline is covering a seemingly similar set of arguments being made in regards to who Obama should choose for the next Fed Chairman. I didn't know that Larry Summers had sent infamous race hustler Colonel West packing from Harvard, where he was a professor in African American Studies. Summers gets my vote for that alone.





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Sunday, February 12, 2012

A Historical Perspective On Religion & Obama's HHS Mandate



This is the third part of a three part essay. Part 1 examined the original intent of the Founders in passing the Free Exercise clause. Part 2 looked at the current state of the law surrounding that clause.

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The first thing to understand about the Department of Health and Human Services’ birth-control mandate, and the last, is that it is an assault on both faithful Christians and the Constitution by leftists who consider themselves at “war” — their word — with bourgeois America. It has nothing to do with guaranteeing access to contraceptives, sterilization, and abortifacients.

Andrew McCarthy, The Contraceptive Mandate’s Shaky Justification, NRO, 11 Feb. 2012

Virtually all laws, at least beyond those that are purely administrative or relating to health and safety, are moral choices of one sort or another. They set the outer bounds of what is morally acceptable or required in our society. So it is no surprise that when Obama speaks of his latest mandate to require all health care plans to provide free contraception, sterilization and plan-B abortion for women, he does so in the language of morality – to fail to force this mandate on religious employers will, he says, “discriminate against women.”

For most of the past two millenium, the moral source of our laws in Western civilization has been the Judeo-Christian ethic. It has provided a stable and immutable framework for morality at the heart of Western civilization - one that places the greatest importance on the sanctity of individual human life. And, as many have noted, it likewise provided the basis for our nation:

Nineteenth century historians wrote extensively on the United States of America having a distinctively Protestant character in its outlook and founding political philosophy. . . .

The notion of a distinctive religious basis for American democracy and culture was first described and popularized by Alexis de Tocqueville in the 1840s, in his influential book, Democracy in America. In the second chapter, de Tocqueville describes America's unique religious heritage from the Puritans. His analysis showed the Puritans as providing the foundational values of America, based on their strong Hebrew Bible view of the world, which included fighting for earthly political justice, an emphasis on laws and education, and the "chosenness" which the Puritans identified with, giving them a sense of moral mission in founding America. As de Tocqueville observed, the Puritan's biblical outlook gave America a moral dimension which the Old World lacked. De Tocqueville believed these biblical values led to America's unique institutions of religious tolerance, public education, egalitarianism, and democracy.

And to the end of protecting religion in our country, our Founders wrote into the Bill of Rights that Congress could pass no law prohibiting the “free exercise” of religion. As Thomas Jefferson wrote at the time, that meant that Congress's legislative power did not extend to “rights of conscience,” only to affirmative acts taken under the color of religion that threatened the peace. And as I have noted here, the Catholic Church teachings on artificial birth control and abortion have been doctrinal matters of conscience that far predate the signing of our Bill of Rights and, indeed, extend back into antiquity.

Ironically, almost at the same time as Jefferson and Madison were crafting our First Amendment, half a world away, Christianity's mortal enemy, socialism, was being born in the crucible of the French Revolution. One of the first acts of the Revolutionary government was to initiate a systematic and brutal war on the Catholic Church and its clergy. As recounted at the American Spectator:

The secularists of the French Revolution regarded the Roman Catholic Church as the last obstacle to atheism's final triumph. Blurting this out, the French dilettante Denis Diderot proposed to his fellow revolutionaries that they strangle the last priest with the "guts of the last king."

Socialism is a radical ideology that sprang up largely in response to the ills of the industrial revolution. The goal of socialism is to deconstruct traditional Western society and remake it under the auspices of an omnipotent government that would use its police powers to create a new order of ostensible social and economic equality. Socialists replace God with government as the source of morality. As one particularly observant commentor at Legal Insurrection recently opined:

In any left revolution, be it progressive, bolshevik, socialist, fascist, maoist, or bolivaran, it is necessary to knock down organized religion. The Catholic Church competes for the hearts and minds of people and does so effectively, as do the evangelical Protestant churches, etc. Further, the Church is organized and so can put out a message of opposition. So at some point the revolution has to take the Church on, or lose.

And yet another immutable truth of history is that, as socialist governments fully consolidate power, they invariably devalue individual human life. Much of the 20th century's history is written in the blood of over 100 million people slaughtered as part of socialist experiments.

Sixty years after the French Revolution, Karl Marx, socialism's greatest philosopher, famously wrote in his Critique of Hegel’s Philosophy of Right that religion is the "opium of the people" and that "[t]he abolition of religion as the illusory happiness of the people is required for their real happiness." The British socialist party wrote in their 1911 manifesto that "it is a profound truth that Socialism is the natural enemy of religion." Lenin, the father of the Soviet Union's bloody experiment in Communism, wrote in 1905, “The modern class-conscious worker, reared by large-scale factory industry and enlightened by urban life, contemptuously casts aside religious prejudices, leaves heaven to the priests and bourgeois bigots, and tries to win a better life for himself here on earth.” Lenin further noted that “every socialist is, as a rule” an “atheist.” And Hitler himself was of like mind - "“National Socialism and Christianity cannot co-exist together."

And lest there be any doubt, there was Dutch socialist philosopher, Anton Pannekoek, who wrote in a 1907 essay - interesting in part for its incredibly naive belief in an incipient socialist utopia:

The socialist teachings have inoculated the laboring class with an entirely new conception of the world. The realization, that society is in a process of continual transformation, and that misery, poverty, exploitation, and all the suffering of the present are only temporary and will soon yield to an order of society, to be inaugurated by his class, in which peace, abundance, and fraternity shall reign, this realization must revolutionize the whole world conception of the laborer from the ground up. The theory of socialism furnishes the scientific foundation for this world conception. Political economy teaches us to understand the internal laws, which move the capitalist process, while historical materialism lays bare the effects of the economic revolution upon the conceptions and actions of people. And this stands irreconcilably opposed, as a materialistic doctrine, to religion.

Socialism arrived on U.S. shores in the mid 1870's. One of its early adherents was the father of Margaret Sanger, the founder of Planned Parenthood. Ms. Sanger, in a 1915 speech to the Fabian Society in London, described her father as “one of the early pioneers of Socialist thought” and noted that she herself was “rocked in the cradle of socialism.”

Sanger ultimately established Planned Parenthood to promote both contraception and abortion. As to abortion, Sanger, a nurse by training who worked among New York City's poor at the turn of the 20th century, saw many poor women suffering from “dangerous and illegal abortions.” In part motivated to help these women, and in part because she was a eugenicist who wanted to limit the birth rate of blacks, she became the leading advocate for abortion.

Sanger's motivation in pushing contraception overlapped with her motives for advocating abortion, but also went far beyond. She wanted to remove from sex any hindrance of ethical and moral limits, and, in order to promote sex among women, make sex free of the physical consequence of pregnancy.

[Sanger judged] the necessity of breaking down the "codes that have surrounded sexual behavior in the so-called Christian communities, the teachings of the churches concerning chastity and sexual purity, the prohibitions of the laws, and the hypocritical conventions of society."

As a consequence, Sanger became a direct opponent of Christianity, especially the Catholic faith, for the Church was the greatest obstacle opposing the release of the "dynamic energy" of sexuality, and such obstruction for Sanger was "nothing less than foolhardy."

"Instead of laying down hard and fast laws of sexual conduct, instead of attempting to inculcate rules and regulations," as the Church had done, "the teacher of Birth Control seeks to meet the needs of the people," she wrote.

Neither Sanger nor socialism itself was part of the original feminist movement. That movement concerned itself with seeking equality before the law for women, as well as securing their right to vote. The feminist movement didn't become radicalized until American socialists adopted feminism in the 1950's and 1960's and, along with American socialism's than recent adoption of the civil rights movement, made radical feminism part of their raison d'etre. It was then that Sanger's goals and ideas became mainstream as part of the “second,” and now “third wave” of the radicalized feminist movement.

The black civil rights movement, though co-opted and bastardized by the socialists in the 1960's, was long supported by the right - indeed, far more so than by the left. Likewise, gender equality and the right of women to be free from discrimination saw bipartisan support. So to the extent that calls for greater protections in these areas were mainstreamed, our nation was able to affirmatively act on them in the 1960's.

(Just as an aside, let me add here that the Socialist left in the U.S. has, in the past two decades, added others to their stable of victim classes that seek to drive Christianity and Judaism from their place in America - the far left wing of the gay rights activists and the political Islamists who dream of a world without Christians or Jews - or for that matter, gays or godless socialists.)

At any rate, the radical aspects of the socialist movement – attacks on religion, as well as pushing for unrestricted abortion and contraception, saw limited success at the ballot box through the mid-20th century. Consequently, socialists turned to the Courts to achieve what they could not through legislation.

In the mid-20th century, the American socialist left used the ACLU - an organization specifically formed to further socialism and communism - to bring a series of Court cases designed to remove religion from the public square and elevate the ethos articulated by Margaret Sanger. The socialists sought judicial activism – and by and large, the Courts complied. Though the Constitution says nothing about abortion or contraception, thus leaving the matters to the states and majority rule by default, the left asked the Court to enshrine abortion and contraception as federal Constitutional rights. Between 1965 (Griswold) and 1972 (Einstadt), the Supreme Court found a “right to privacy” in the “penumbras” of the Constitution such that access to contraception was made a Constitutional right. And then in 1973 (Roe), the Supreme Court, found the same for abortion.

As to religion, it has been under sustained attack by the socialist left through our Courts since 1947 (Everson). wherein the Supreme Court read the 1st Amendment clause prohibiting the federal government from establishing a national church to mean “a wall of separation between Church and State.” Where for almost two centuries there had been fairly substantial involvement of a generic Christianity in the public square, the Supreme Court, in a series of subsequent cases, changed that completely. In 1963 (Engle), the Court ruled prayer in school unconstitutional. In 1989 (Allegheny County), the Court ruled that a creche, prominently displayed in a Courthouse at Christmas, was unconstitutional. In 2005 (McCreary County), the Court held unconstitutional displays of the Ten Commandments in several Kentucky courthouses. But perhaps the biggest victory the left gained through the Court's was the 2002 decision in Lawrence v. Summers, a case seeking to hold Texas's laws against sodomy unconstitutional. Implicit in the holding of that case was a finding that Christian morality, standing alone, is no longer a “rational basis” to uphold our laws. The potential ramifications of that decision have not yet begun to be plumbed.

The election of Barack Obama brought to the White House the first true child of America's socialist movement. And though he nominally claims to be a Christian – he claims conversion not to the words of the bible, but to the political polemics of Rev. Jeremiah Wright – he has also publicly proclaimed that we are no longer a Christian nation. That was an aspirational statement at the time. It is difficult to believe that Obama's Christianity is anything other than a bare patina on his political ambitions.

Regardless, it is no surprise now to see Obama attempting to bring to fruition the socialist goal of weakening religion as an important force in America. With Obama in power, the socialist left has won at the ballot box and need not rely on the Courts, at least for the moment. Obama would see the Margaret Sanger's radical socialism become the moral underpinning of our laws, not merely as an alternative to Christianity as they exist now in our law, but over top of it. That is what Obama is doing with his HHS mandate to force all Christians, including Catholic institutions, to fund healthcare that will provide contraceptives, sterilizations, and plan-B abortion pills free to all women covered by the plan. And for Obama to portray this as a moral good – saying that to do anything else would be to discriminate against women – is simply obscene.

To direct this healthcare mandate at Christians is a raw power play, nothing more and nothing less. If Obama succeeds in this, then indeed, we really will have made the final push into a brave new world. The Courts have raised socialist ethos above religion as the basis of our laws, and now Obama intends to use the socialitst ethos to to significantly drive religion even further from its historic and Constitutionally protected role in our society. Obama's aspirational statement will be made good. For the first time in our history, we really will not be a Christian nation. This is a critical moment in our nation's history.

As I wrote in Part I of this three-part essay, the original intent of our Founding Fathers in passing the Free Exercise of Religion clause should protect the Church from Obama's mandate. And as I wrote in Part II of this essay, the current law surrounding the Free Exercise clause, would also likely find Obama's mandate unconstitutional, though it is far messier given the current state of the law. Let's hope that I am right.

Update: Greg, a former Catholic seminarian and now a history teacher who blogs at Rhymes With Right, believes the time is right for Pope Benedict XVI to respond to this assault on religion with a four part encyclical. Part 1 would be a statement of the proper roles of Church and State. Part 2 would be by-name excommunication of those Catholics supporting Obama's policy, starting with HHS Supervisor Kathleen Sebelius. Greg's suggested third part "ought to be a reminder to American Catholics of the importance of bringing their faith into the public square and voting booth." And lastly, "lest the encyclical be seen as a rejection of the whole idea of health care accessibility, there should be a fourth section reminding the faithful of the Church's continuing devotion to the Corporal and Spiritual Works of Mercy, and that it is for this reason that the many schools, hospitals, and agencies subject to the Obama regulation operate." It sounds eminently reasonable to me. Do visit his site and read the entire post.

Update: Kindly linked at Bookwormroom, Larwyn's Linx and Seraphic Secret.

Update: And kindly linked at the Watcher's Council for this week's nominations.







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Saturday, February 11, 2012

21st Century Radical Secularism Meets Jefferson Meets Scalia (Part II)

This is Part II of a three part post.

Part I identifies the intent of the drafters in writing the First Amendment's Free Exercise of Religion clause and explains why the Obama HHS mandate is unconstitutional in consideration thereof.

This Part II deals with how the Supreme Court, and particularly Justice Scalia, have strayed from the original intent of the Free Exercise clause, but would still find the HHS Mandate unconstitutional.

Part III will deal with how the founders did not forsee or account for the rise of radical secularism, which is a religion unto itself, and how that impacts the Free Exercise clause.

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Part II Summary

Under current federal law (the Religious Freedom Restoration Act - RFRA), the federal government would stand next to no chance of winning in a suit brought over the Obama HHS mandate as applied to Catholic institutions.  But RFRA - a Congressional power grab on the issue of Constitutional interpretation - is likely itself to be found unconstitutional as applied to the federal government.

If RFRA doesn't apply, then Justice Scalia's 1990 interpretation of the Free Exercise clause, one that severely circumscribes the scope of the clause, would mean that the Obama HHS mandate is lawful.  But Scalia admits in his opinion that he wrote his bright line rule to cut off litigation from minor religions that have sprung up after the signing of our Constitution.  Scalia, like Jefferson before him, implicitly assumes that the government would not encroach on core, mainstream religious beliefs extant at the time of the adoption of the Bill of Rights.  Thus, a case brought today under the HHS mandate would most likely result in a complete reexamination of the original intent of the drafters in passing the Free Exercise of Religion clause.  And if that happens, then the Court would likely find that the HHS mandate is unconstitutional.      

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Part II Discussion:

The First Amendment to the Constitution provides, in relevant part, that "Congress shall make no law . . . prohibiting the free exercise" of religion. As explained in Part I, the original intent of the drafters of this provision, as identified in the 1878 case of Reynolds v. United States, was to keep government from legislating in the area of then extant mainstream religious beliefs, but to allow the government to legislate against acts done under the color of religion that threaten societal order and duties.

As the scope of government has grown over the past near two and a half centuries, and as both minor religious offshoots, such as Jehovah's Witnesses, have proliferated and as people have become inventive in trying to make use of the Free Exercise clause, the Supreme Court has done a significant number of Free Exercise cases.  The Free Exercise clause was used to challenge everything from payment of income taxes, payment of SSI taxes, minimum wage laws, and the draft to name but a very few.  Prior to 1990, the Court had developed "Sherbert" test for Free Exercise cases that it applied on an ad hoc basis.  "Under the Sherbert test, governmental actions that substantially burden a religious practice must be justified by a compelling governmental interest."

That changed in 1990, when Justice Scalia authored the opinion in Employment Division, Dept. of H.R., Oregon v. Smith, a case involving native Americans who claimed the right to use peyote as part of their religious services.  The plaintiff's argued that Sherbert should be applied to their case. Scalia, whose love of originalism exists in conflict with his love of bright line rules, held that the Sherbert test would henceforth be limited to employment compensation matters.  His concern was that the Sherbert test, if generally applied, would produce "a private right to ignore generally applicable laws:"  He as much as admits at the conclusion of his opinion that his goal was to cut off litigation arising out of claims outside the mainstream of religious beliefs, in essence assuming, as did Jefferson two centuries previously, that the Free Exercise clause would protect mainstream religious beliefs because government would never encroach upon them:

It may fairly be said that leaving accommodation to the political process will place at a relative disadvantage those religious practices that are not widely engaged in; but that unavoidable consequence of democratic government must be preferred to a system in which each conscience is a law unto itself or in which judges weigh the social importance of all laws against the centrality of all religious beliefs.

Ultimately, Scalia adopted the brightest line of all -  that a case could not succeed solely on Free Exercise grounds unless the government act at issue was directed explicitly at religion.  The problem with Scalia's solution is that it went too far - and his assumption was wrong.  His reshaping of the law now allows the government, as Obama has done, to encroach on what Jefferson called "the rights of conscience" of mainstream religion that the Free Exercise clause was designed to protect.  It disadvantages all ancient religious practices, not merely those that "are not widely engaged in."

Congress reacted, passing the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. § 2000bb et seq.  Under RFRA,  laws interfering with free exercise of religion under would have to be supported by a compelling state interest and be the least restrictive of religious freedom as possible.  The Supreme Court would later, in City of Boerne v. Flores, declare RFRA to be unconstitutional as applied to the states because it exceeded the bounds of Congressional authority.  The decision was based on whether the Supreme Court or Congress has ultimate authority to interpret the Constitution.  Yet because the Boerne Court did not address whether RFRA still stands as to federal law, it remains today as the law limiting federal government action.  As NRO points out, the practical effect of the RFRA two prong test would be to make it next to impossible for the U.S. government to succeed in a case over the Obama HHS mandate

So here's what all of this boils down to.  In a case over whether the Obama HHS mandate can be lawfully applied to force Catholic institutions to fund contraception and the morning after abortion pill, the Court would have two major questions to answer.  One, whether RFRA is unconstitutional as applied to the federal government.  I think that likely.  Which would then raise the second question, whether the bright line test in Smith applies in a situation where it is not minor religious practices that "are not widely engaged in" at issue, but the ancient, mainstream and core issue of Catholic beliefs as to contraception and sanctity of life.  I cannot seeing the Court doing that, as it would mean truly gutting the Free Exercise clause.  

And that last will cause some amazing linguistic contortions in the Court.  For our nation, at its inception, was a Christian nation that made room for all within its ambit, subject only to restrictions that define the outer edges of what was acceptable to such a Christian nation.  Indeed, that was the whole basis for the decision in the first Free Exercise case heard by the Supreme Court, Reynolds, which I addressed in Part I here.  That is decidedly not politically correct to admit after six decades of radical left wing efforts to remove Christianity wholly from our laws and the public square.  How the Court might modify Smith without admitting to all the rest would be interesting to see indeed.

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Friday, February 10, 2012

21st Century Radical Secularism Meets Jefferson Meets Scalia (Part I)

This is Part I of a three part post. This part deals with the intent of the drafters in writing the First Amendment's Free Exercise of Religion clause and why the Obama HHS mandate is unconstitutional in consideration thereof.

Part II, here, deals with how the Supreme Court, and particularly Justice Scalia, have strayed from the original intent of the Free Exercise clause, but would still find the HHS Mandate unconstitutional.

Part III will deal with how the founders did not forsee or account for the rise of radical secularism, which is a religion unto itself, and how that impacts the Free Exercise clause.

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Part I Summary

The Obama HHS mandate would force Catholic institutions to fund healthcare plans that directly violate the most sacred and core belief of the Catholic faith, sanctity of life. The mandate would force Catholic institutions to provide for contraception, sterilization, and Plan-B abortion, or in the alternative, be penalized or voluntarily dissolve. Such an act violates the Free Exercise clause of the First Amendment as it was intended to be interpreted by our Founders.

The original intent of the drafters, as explained by Thomas Jefferson, was to draw a big circle around then extant mainstream religious beliefs and put those beyond the scope of government legislation. Under the Free Exercise Clause, the government could only legislate to stop an affirmative action done under the color of religion that threatened the social order. Catholic opposition to abortion and contraception was an openly held belief at the time, and thus fall within the ambit of the Free Exercise clause's protections.

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Part I Discussion:

The First Amendment to the Constitution provides, in relevant part, that "Congress shall make no law . . . prohibiting the free exercise" of religion. It was over a hundred years from the signing of the Constitution that the Supreme Court was first called on to interpret the Free Exercise Clause in the 1878 case of Reynolds v. United States. In that case, a Mormon criminally charged with polygamy argued that he was only acting in accord with the precepts of his religion. The Court looked back to the drafters to find how they interpreted the "Free Exercise" clause:

[In a bill] 'for establishing religious freedom,' drafted by [Thomas} Jefferson, . . . religious freedom is defined; and after a recital 'that to suffer the civil magistrate to intrude his powers into the field of [religious beliefs and principles], and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy which at once destroys all religious liberty,' it is declared 'that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order.' In these two sentences is found the true distinction between what properly belongs to the church and what to the State.

. . . Mr. Jefferson afterwards, in reply to an address to him by a committee of the Danbury Baptist Association, took occasion to say: 'Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of the government reach actions only, and not opinions,-I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion or prohibiting the free exercise thereof,' thus building a wall of separation between church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore man to all his natural rights, convinced he has no natural right in opposition to his social duties.'

Coming as this does from an acknowledged leader of the advocates of the measure, it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured. Congress was deprived of all legislative power over mere [religious beliefs], but was left free to reach actions which were in violation of social duties or subversive of good order.

(emphasis added, citations omitted)

The Reynolds Court found that at the time of the drafting of the Constitution, all sects of the Christian faith in Europe and America had, since ancient times, practiced monogamy and had outlawed polygamy. It wan't until the Mormon faith was created in 1830 and preached polygamy as one of its tenets that polygamy in the U.S. became an issue. The Court further found that polygamy was universally held to be criminal in the 13 states at the time that the Constitution was signed.

Thus the Court found that the Constitutional prohibition against free exercise of religion did not contemplate polygamy as within its ambit. The Court, describing polygamy as "odious" to the religious traditions protected by the Constitution, and further finding it to be an "act" that threatened the social order, the Court held that polygamy could be prohibited by the state.

Also implicit in the Court's decision was that the Free Exercise clause protected mainstream Christian and Judaism and their religious doctrines extant in the U.S. at the time the Constitution was signed. Other religious beliefs and or religious beliefs claimed thereafter, to the extent that they conflicted with "peace and good order" and "societal duties," could not claim the protections of the Free Exercise clause. To this point, the Court said:

Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices. Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?

So here, as a law of the organization of society under the exclusive dominion of the United States, it is provided that plural marriages shall not be allowed. Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.

Today's Christian and Catholic Church doctrines on abortion and contraception are the same as they were at the time of the signing of the Constitution. As to contraception, "the Catholic Church has been opposed to contraception for as far back as one can historically trace." Likewise, there is no question that issues of sanctity of life and the view of abortion as a sin were part of Christianity virtually from its founding.:

There was universal condemnation of abortion in the early Church. The practice was roundly condemned in early Christian writings including the Didache and the writings of Clement of Alexandria, Ambrose, Jerome, John Chrysostom, and Augustine.

David Braine in his study concludes that:

For the whole of Christian history until appreciably after 1900 . . . there was virtually complete unanimity amongst Christians, evangelical, catholic, orthodox, that, unless, at the direct command of God, it was in all cases wrong directly to take innocent human life.

So looking at this from the standpoint of an originalist, there appears little doubt that the decision of the Obama administration to force Catholic institutions to fund contraceptives and Plan B abortion, or in the alternative to be penalized or choose to dissolve, violates the 1st Amendment's clause on the Free Exercise of Religion. The Catholic Church beliefs on contraception and abortion were core beliefs at the time of the signing of the Constitution. The Church has taken no affirmative "act," and as Jefferson points out, the limitation of the government to prohibit the free exercise of religion was meant to vindicate "the rights of conscience." It is hard to see how attacking a core value of the Church could be categorized as anything other than an attack on the conscience. Moreover, as Jefferson made clear, he saw the Free Exercise clause as being in perfect balance with the then extant religions at the time the Constitution was signed, commenting that he saw "no natural right in opposition to his social duties." Today, the natural rights remain unchanged, it is only government imposition of new "societal duties" that unconstitutionally encroach on Jefferson's - and the Catholic Church's - natural rights.

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Wednesday, February 8, 2012

Does The Obamacare Mandate Further Religious Liberty?





As Charles Krauthammer notes in the above video, the Obama Administration is experiencing a tremendous backlash against its decision to mandate that Catholic institutions pay for health insurance covering contraception and Plan-B abortion, or in the alternative, pay fines or dissolve. Virtually the entire Catholic Church hierarchy is up in arms, as are not just liberal Catholics, but also countless people from other religions who see this as unconstitutional government overreach.  And now, the far left is itself on the attack, making the most disingenuous and intellectually dishonest arguments imaginable in support of Obama's mandate.

The ACLU came out today arguing that Catholics institutions, by refusing to fund contraception and Plan-B abortion, are trying to "impose their will on their employees."  The ACLU further argues that this mandate is not a violation of religious liberty, concluding that "religious liberty" does not give Catholic institutions the right to "impose those views on others, including ignoring civil rights laws or denying critical health care."

Let's address the first of theses arguments, that Catholics are "trying to impose their will on their employees."  In the Thinker's Guide To Fallacies:  The Art Of Mental Trickery & Manipulation, a great publication on critical thinking, this is listed as "Dirty Trick No. 1 - Accuse Your Opponent Of Doing What He Is Accusing You Of."  That is precisely what the ACLU is doing here.  The Catholic Church has since its inception two millennia ago stood for the sanctity of life and, as the issues arose, they have uniformly stood in opposition to contraception and abortion.  The U.S. government has just decided now to force the Catholic Church to change its position, pay a fine or face dissolution.  Yet the ACLU is trying to turn the argument on its head in order to put the Catholics on the defensive.  The left uses this trick all of the time.  Scurrilous bastards.

As to the ACLU's "religous liberty" argument, it is equally meritless. Religious liberty lies at the foundation of our nation. Indeed, it is what drove many of the first refugees to make the dangerous trip to American shores, in order that they could freely practice their religion. And the whole concept of "religious liberty" is found in the very first Amendment to our Constituion, it provides that "Congress shall make no law . . . prohibiting the free exercise" of religion. Given that sanctity of life is at the very core of the Catholic Church doctrine, and given that the new Obama policy would require either that the Catholic Church act against its core doctrine, pay a penalty, or cease its existence, that by definition impinges on the free exercise of religion.  Furthermore, as Ed Morrisey points out:

The rights in the Constitution are not granted to American citizens because the government decided to offer them beneficently at their discretion. They exist in the document as a testament to our natural rights, part of our innate humanness, and are detailed in the Constitution as a bar to government’s overreach in trampling them.

The ACLU is not alone in their arguments today. The trio of far left politicians, Barbara Boxer, Patty Murray, and Jeanne Shaheen, have authored piece for the Wall Street Journal that is truly outrageous. They shamelessly assert that the Obamacare mandate furthers "religious liberty" based on a full scale redefinition of that term:

Those now attacking the new health-coverage requirement claim it is an assault on religious liberty, but the opposite is true. Religious freedom means that Catholic women who want to follow their church’s doctrine can do so, avoiding the use of contraception in any form. But the millions of American women who choose to use contraception should not be forced to follow religious doctrine, whether Catholic or non-Catholic.

Wow. That paragraph is nothing but non-sequiturs. First, these women are rewriting the Constitution, making it seem as if the Catholic Church itself has no rights. First Amendment protections flow not merely to individuals, but also to institutions.  Indeed, if the Westboro Baptist Church has First Amendment Rights, then clearly so too does the Catholic Church.

Boxer asserts that the new mandate furthers "religious freedom." Yet to make this argument, Boxer redefines religious freedom to mean solely the right of an individual to ignore the doctrine of a religion. That is a unique and tenditious redefinition if there ever was one - which is another tried and true leftie trick of argument by fallacy.

And of course, no person in the U.S., including Catholic women, are being kept by the Catholic Church from accessing contraception or abortion as elective procedures. That has never been true and, indeed, it misstates the whole issue at hand. To claim that the Obama mandate furthers actual religious freedom is as about a shameless lie as I can imagine.

Boxer, further argues:

Catholic hospitals and charities are woven into the fabric of our broader society. They serve the public, receive government funds, and get special tax benefits. We have a long history of asking these institutions to play by the same rules as all our other public institutions.

As a threshold matter, the "rule" which Obama would impose differs fundamentally from all prior rules. None of the prior rules require Church affiliated institutions to act contrary to the core value of the Church. Further, I wait to see any case law - and I do mean any - showing that receipt of government funds and tax benefits constitutes a voluntary waiver of Constitutional rights. And lastly, Boxer ignores contrary "history" that some rules of general applicability, such as discrimination laws, cannot legally be applied in whole to religious institutions. Indeed, that was the subject of the recent Supreme Court Case, where the Court ruled unanimously for the Lutheran Church as regards the ministerial exception to employment laws.

And lastly, Boxer makes a series of pragmatic arguments that nationalizing the funding of contraception and plan-B is a panacea for American healthcare, that virtually all women use contraception at some point, and that, in the absence of funding some women working for Catholic institutions might not be able to afford the out of pocket costs.  As Bookworm points out, Boxer is conflating arguments:

This is the big lie at the heart of the Obama administration's attack on traditional religious institutions. These harpies constantly conflate the availability of birth control with funding for birth control. They are not the same. Women in America can get birth control. The government can fund organizations -- indeed, it already does with the monies that go to Planned Parenthood -- that provide all these birth control options. Forcing religious organizations to pay for birth control, sterilization and abortifacients, however, both exceeds the government's power and contravenes the limitations the Bill of Rights imposes on government. This is not about whether women should have birth control; it's about with the government can force churches to pay for it.

I would add that I find Obama's decision to nationalize funding for contraception and abortion to border on the obscene. For one, this is yet another advance down the secular road, where the radical feminists want the act of sex to be wholly devoid of any moral, ethical or physical consequences. Moreover, it further the feminist left argument that abortions should be unconditionally available. This law essentially institutes radical feminist goals as the public policy of our country. Two, why should I or any other American have to fund elective costs that are rightfully at issue between consenting adults? Three, why are woman entitled to this special treatment and not men for specifically male issues? What about the dreaded EDS you hear about in ads every day for Viagra? Again the answer is because this is part of the radical secular agenda being pushed by the feminists.

So, in sum, there is good and bad in all of this. That portion of the Obamacare mandate requiring all Americans to fund the costs of birth control and abortions is likely to get through (though I wonder if individuals of deeply religious beliefs could not make the same argument as the Catholic Church, using the Courts rulings in the area conscientious objector status as a springboard for a colorable argument). The good news is that Obama has grossly overreached on this issue, as Krauthammer points out in the above video.  I actually find it comforting that Obama and the far left are drawing a line in the sand on this issue. I hope they keep it up through November, because this issue is easily one that could cost Obama reelection and cost the left Congressional seats.

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