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- From: stevev@miser.uoregon.edu (Steve VanDevender)
- Subject: Re: Amendment 2
- In-Reply-To: vanm@col.hp.com's message of Thu, 19 Nov 1992 19:54:41 GMT
- Message-ID: <STEVEV.92Nov22185335@miser.uoregon.edu>
- Sender: news@nntp.uoregon.edu
- Organization: University of Oregon Chemistry Stores
- References: <1992Nov17.162624.19269@claven.ucar.edu> <1992Nov19.195441.13297@col.hp.com>
- Distribution: co
- Date: 22 Nov 92 18:53:35
- Lines: 73
-
- Van Martin (vanm@col.hp.com) writes:
-
- Amendment 2 did not create a law that said "Thou Shalt Discriminate
- Against Homosexuals," it only said "Thou Shalt Not Single Out The
- Homosexuals for Special Dispensation Under Our Illustrious Legal
- System." As a white male under 40 no handicaps (except a lack of
- unthinking tolerance) I see no laws that will allow me to demand
- that the government spend its time and taxpayer dollars on my claim
- of discrimination. I am one of the masses that has less civil
- rights, the the homosexual community.
-
- Having had to cogitate over this kind of argument from all kinds
- of pro-Measure-9 people in Oregon, I've developed a severe
- distaste for it.
-
- I think that something that a lot of people miss is that our
- federal Constitution is there to prevent any majority from taking
- away certain civil rights of any minority. Just because a
- majority might approve of some kind of discrimination doesn't
- mean that they can pass a law to enable that kind of
- discrimination.
-
- "Protected class status" does not mean that a group has _more_
- civil rights than another group. Some minority groups are
- mentioned in law to reinforce that the defining properties of
- that minority cannot be considered a basis for denying the
- members civil rights. This is not intended to diminish the
- rights of any groups _not_ mentioned.
-
- One way in which the beliefs of some fundamentalist Christians
- are in conflict with the philosophy of our laws is that one
- interpretation of fundamentalist Christian belief is that its
- tenets are directly handed down from God and are the laws that
- all people must follow, while our law does not attempt to enforce
- any more universal restriction than that all citizens must have
- certain fundamental rights and that even overwhelming majority
- opinion may not take those rights away from a minority. This
- even protects the right of people to believe that civil rights
- should be denied to some types of people--but prevents them from
- enacting that belief.
-
- I feel that the legal philosophy of protecting individual's
- rights to any beliefs, however unpopular, is best suited to
- promoting long-term social order. However, some people who think
- that their beliefs are universally correct find such universal
- protection frustrating because they seem to feel it denies the
- validity of their beliefs. I think that's too bad for them.
- They may be prevented from putting their beliefs into law, but
- by the same means they are protected from having anyone deny them
- their right to their beliefs.
-
- The "no special rights" argument only works if it is being
- applied to an unpopular minority. Compare the slogans "no
- special rights for the disabled" or "no special rights for
- Hispanics" to "no special rights for homosexuals". As someone
- with a disability, I don't feel that laws requiring accessibility
- modifications to public buildings and equal employment
- opportunity is a special right for me or denies anyone else
- rights--but most people's attitude towards disability is one of
- pity rather than disgust or moral outrage. On the other hand,
- there is enough upset over homosexuality that the "no special
- rights" approach works better -- people's discomfort with
- homosexuality tends to mask their ability to think critically
- about the civil rights ramifications of passing laws promoted by
- that argument.
-
- Imagine the furor if someone promoted a "no special rights for
- Christians" ballot measure!
- --
- Steve VanDevender stevev@greylady.uoregon.edu
- "Bipedalism--an unrecognized disease affecting over 99% of the population.
- Symptoms include lack of traffic sense, slow rate of travel, and the
- classic, easily recognized behavior known as walking."
-