National Review has established itself as a staunch proponent of allowing business owners refuse service to gay and lesbian customers. It's a position that unfortunately aligns with National Review's record of attacking defending discrimination against marginalized groups, including its shameful opposition to the Civil Rights Movement in the 1950's.
For months, National Review's staff has worked to invent bogus justifications for anti-gay business discrimination, condemning non-discrimination efforts as a form of government overreach. Long before states like Kansas and Arizona sought to pass laws allowing business to refuse service to gay and lesbian customers, National Review was championing business owners who had been sued for engaging in anti-gay discrimination.
In August, after the New Mexico Supreme Court ruled unanimously that photographer Elaine Huguenin violated the state's Human Rights Act by refusing to photograph a same-sex couple's commitment ceremony, National Review joined other right-wing media outlets in their howls of outrage. At National Review Online, NRO contributor and Heritage Foundation fellow Ryan T. Anderson blasted the ruling as a sign that social conservatives had been "driven to the margins of culture," with "religious believers" and "the truth about marriage" under judicial assault.
NRO also took up the mantle of Colorado baker Jack Phillips, who refused to bake a cake for a same-sex couple. In a one-sided interview published under the headline "Let Him Bake Cake in Freedom," NRO editor-at-large Kathryn Jean Lopez framed Phillips, whom a state judge ruled had violated Colorado's anti-discrimination law, as a victim of anti-Christian persecution. Lopez wondered what the "future of freedom" looked like in a world where businesses couldn't turn away LGBT customers.
Given its support for anti-gay businesses, it was unsurprising that National Review cheered the introduction of several state license-to-discriminate bills this winter.
After USA Today columnist and Fox News contributor Kirsten Powers penned a column denouncing Kansas' bill as an example of "homosexual Jim Crow laws," Anderson took to NRO to defend anti-gay business practices as protected under "freedom of association and freedom of contract." Anderson saw "religious liberty and the rights of conscience," not the rights and dignity of LGBT customers, at stake.
As national attention turned toward Arizona following the demise of the Kansas bill, support for anti-gay segregation measures became National Review's official editorial position. Following the Arizona legislature's passage of S.B. 1062 - which would have protected businesses from being sued for anti-gay discrimination - the National Review's editors published a February 24 editorial urging Republican Gov. Jan Brewer to sign the measure. The "necessary" bill, the editors wrote, simply affirmed the ethos of "live-and-let live."
From CSPAN's March 8 coverage of the 2014 Conservative Political Action Conference:
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Conservative commentator Michael Medved declared at the Conservative Political Action Conference (CPAC) that it was a "liberal lie" that a state has ever banned same-sex marriage.
During a March 7 CPAC panel titled "Can Libertarians and Social Conservatives Ever Get Along?" Medved denied that gay couples have encountered state-sponsored discrimination. "There has never been a state in this country that has ever banned gay marriage," Medved said:
Conservative radio host Mark Levin is receiving the "inaugural" Andrew Breitbart Defender of the First Amendment Award at noon today at the Conservative Political Action Conference, the annual conference for right-wing activists.
The award, named after the conservative media entrepreneur who passed away in 2012, will be presented by top executives at Breitbart News, the website he founded, and by Citizens United President David Bossie.
Levin has a long history of pushing conservative lies and hateful rhetoric, including recently comparing marriage equality to incest, polygamy, and drug use, comparing supporters of the new health care law to Nazi "brown shirts," claiming "middle class" is a "Marxist term," supporting racial profiling, and likening immigration reform to the "destruction" and "unraveling" of society.
According to Breitbart News, Levin is winning the award because he "fearlessly and passionately stands up for conservatives and everyday Americans whose voices the mainstream press often tries to marginalize or silence."
Fox News is blasting Attorney General Eric Holder for allegedly telling state attorneys general that they don't have to enforce their states' gay marriage bans. In reality, Holder merely instructed the attorneys general that they don't have to defend such bans in court if they deem the laws unconstitutional.
It's unclear if Fox is misreading or simply willfully distorting what Holder actually said, but either way, the network is wrong.
Addressing the National Association of Attorneys General on February 25, Holder stated that if state attorneys general conclude that their gay marriage bans violate core constitutional principles like equal protection under the law, they're not obligated to defend those bans in court. Holder also explicitly stated that attorneys general shouldn't base such decisions on "policy or political disagreements" and should stick to legal analysis of the bans' constitutionality.
Holder's guidance doesn't mean that marriage equality bans won't be enforced while they're still in effect. However, an attorney general does have the option of refusing to defend laws that he or she believes won't survive judicial scrutiny. In such circumstances, other parties may then intervene to defend a law on the state's behalf. That's precisely what's currently happening in the court battle over Kentucky's same-sex marriage ban.
This isn't Fox News' first baseless attack on Holder when it comes to the defense of anti-gay marriage laws. It was only three years ago that Megyn Kelly asserted Holder had decided not to enforce the federal Defense of Marriage Act (DOMA) after the Obama administration dropped its defense of the law in court. But the administration kept enforcing DOMA as the law of the land until the Supreme Court struck down its core provision last summer.
Three years later, it appears that Fox remains unable - or unwilling - to get its facts right.
Laura Ingraham attempted to tie a drag show fundraiser on a US military base to the problem of sexual assault in the military, suggesting that the drag show was part of an effort to "further sexualize" life on military bases.
On March 1, the Okinawa chapter of OutServe-SLDN held a fundraising event featuring six servicemembers - gay, lesbian, and heterosexual - lip syncing in drag. The event was a major success for the group, selling 400 tickets and receiving a warm reception by attendees.
The event has predictably drawn outrage from conservative commentators, including radio host Laura Ingraham. During the March 5 edition of The Laura Ingraham Show, Ingraham criticized the military for allowing "lewd" events like drag shows and questioned whether such events might anger "the Muslim world."
When a caller raised the issue of sexual assault in the military, Ingraham used the opportunity to suggest that military sexual assault might somehow be tied to attempts to "further sexualize bases":
INGRAHAM: Is it counterproductive to efforts to curb sexual assault on military bases to further sexualize the atmosphere on these bases? Is there any relation between the two issues? These are things we should talk about. It's not about demonizing anyone. I don't want to demonize any group of people. But this is a military. It is a fighting force. ... Above all else that is what they are charged with doing. And there's a military code of conduct that is different from civilian life. And they separate themselves from civilian life for a reason, because you need that discipline and you need that code and you need that respect for authority to hold it together on the battlefield. If you don't have that, if all the lines dissolve away, then we are less effective as a military force. That is a fact.
Ingraham isn't alone in suggesting that the drag show fundraiser is somehow related to military sexual assault. Far-right website WorldNetDaily, in an article about the fundraiser, similarly cited levels of male-on-male sexual assaults and tied them to broader acceptance of gay people in the military.
Responding to Arizona Gov. Jan Brewer's veto of a measure that would have sanctioned anti-gay business discrimination, The Washington Times' editorial board denounced the "lavender lobby" for asking for tolerance from "the people they despise most, men and women of faith."
In an editorial published on March 5, the Times assailed Brewer's veto as a blow to religious freedom, relying (and not for the first time) on the extremist Alliance Defending Freedom (ADF) for comment. The Times' editors argued that the only way a business owner would know a customer's sexual orientation would be if "a customer walks in announcing his sexual proclivities." The editorial also contemplated when a "wedding cake announces its sexual proclivities" (emphasis added):
The governor's veto "enables the foes of faith to more easily suppress the freedom of the people of Arizona," argued Doug Napier, a lawyer with the Alliance Defending Freedom, based in Scottsdale, Ariz.
The proposed law was not Christian-specific, as it was often portrayed in the media, and would have, for two examples, protected the right of a Muslim caterer to refuse to arrange a pig roast, or a Jewish photographer (or any other photographer of good will) to decline a commission to photograph a neo-Nazi ceremony.
In saner and less litigious times than these, there never would have been a lawsuit. Bakeries, photographers and florists serve homosexual customers every day. The market is there to serve.
Unless a customer walks in announcing his sexual proclivities, a shopkeeper wouldn't know who's gay, merely cheerful or just having a bad hair day. He knows that he hurts only himself when he turns away a customer.
A wedding cake announces its sexual proclivities only when the baker puts two men or two women on it, and this, to many, mocks authentic marriage. Or maybe putting four hairy legs on a wedding cake just offends a baker's art.
The lavender lobby has a winning streak in the courts, but what homosexuals covet most is not the tolerance of the larger society, but the approval of society, and particularly the approval of the people they despise most, men and women of faith.
Conservative commentator Steve Deace accused President Obama and the media of using openly gay NFL prospect Michael Sam as an excuse to divert attention from Benghazi and other alleged "failures" of the Obama administration.
Writing for The Washington Times on March 3, Deace condemned "the intolerant same-sex lobby" for pushing its "propaganda" on the American public. Deace highlighted the attention Sam, a star lineman at the University of Missouri, received after coming out in February. According to Deace, liberals pounced on Sam's announcement in order to advance "LGBTQ propaganda" - and to shift focus away from the 2012 attack on the American diplomatic mission in Benghazi, Libya (emphasis added):
Careers are made and broken at this [NFL scouting] event every year, and given the underwhelming performance of a certain prospect from the University of Missouri, his draft status could be in jeopardy.
Except this isn't just any pro prospect. This is Michael Sam. The leftist media's latest contrived attempt to distract the American people from the daily failures of the president who they cover for daily. Mr. Sam generated headlines from shills and wannabes who just couldn't get enough of the first "openly gay football player."
Of course, these are the same people that have been trying to kill football the past two years because it's too dangerous. Now they can't wait to rally around the rainbow flag. And they wonder why their credibility is about as low as that of Congress.
Not to be outdone, a flailing president who seemingly has no time to give answers to the families of four dead Americans at Benghazi, or the millions he broke a promise to that they could keep their current health insurance if they liked it, couldn't wait to jump on Mr. Sam's bandwagon.
After embarking on a tangent in which he attacked transgender people for contradicting the will of "the Creator" and referred to New York City First Lady Chirlane McCray as a former lesbian (she doesn't identify as a "former lesbian" but has said her sexuality is "fluid"), Deace concluded that the "moral foundations of Western civilization" were under assault by the LGBT movement and urged "liberty-loving Americans" to "just say no to the left."
Conservative New York Times columnist Ross Douthat depicted business owners who wish to discriminate against gay customers as the real victims in the debate over whether it should be permissible, as a recently vetoed Arizona bill would have authorized, for businesses to deny services to gay people on religious grounds.
In his March 2 column, Douthat conceded the inevitability of marriage equality, contending that once that debate is finished, the question will be whether marriage equality opponents will be able to express their "dissent" by, say, turning gay couples away from their businesses. Even as he urged his fellow Christian conservatives not to "call it persecution" if they're required to treat LGBT people equally, Douthat's entire column attempted to frame the fight for equal treatment as a matter of conservative victimization, rather than fundamental human dignity (emphasis added):
But there's another possibility, in which the oft-invoked analogy between opposition to gay marriage and support for segregation in the 1960s South is pushed to its logical public-policy conclusion. In this scenario, the unwilling photographer or caterer would be treated like the proprietor of a segregated lunch counter, and face fines or lose his business -- which is the intent of recent legal actions against a wedding photographer in New Mexico, a florist in Washington State, and a baker in Colorado.
Meanwhile, pressure would be brought to bear wherever the religious subculture brushed up against state power. Religious-affiliated adoption agencies would be closed if they declined to place children with same-sex couples. (This has happened in Massachusetts and Illinois.) Organizations and businesses that promoted the older definition of marriage would face constant procedural harassment, along the lines suggested by the mayors who battled with Chick-fil-A. And, eventually, religious schools and colleges would receive the same treatment as racist holdouts like Bob Jones University, losing access to public funds and seeing their tax-exempt status revoked.
I am being descriptive here, rather than self-pitying. Christians had plenty of opportunities -- thousands of years' worth -- to treat gay people with real charity, and far too often chose intolerance. (And still do, in many instances and places.) So being marginalized, being sued, losing tax-exempt status -- this will be uncomfortable, but we should keep perspective and remember our sins, and nobody should call it persecution.
But it's still important for the winning side to recognize its power. We are not really having an argument about same-sex marriage anymore, and on the evidence of Arizona, we're not having a negotiation. Instead, all that's left is the timing of the final victory -- and for the defeated to find out what settlement the victors will impose.
From the March 2 edition of Fox Broadcasting Network's Fox News Sunday.
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Following criticism over insensitive comments about Facebook's new gender options, Fox News host Clayton Morris gave a heartfelt apology to the intersex community, stating that he regretted his "stupid" remarks.
During the February 14 edition of Fox & Friends, co-host Clayton Morris joined a number of his Fox News colleagues in mocking Facebook's decision to offer its users a variety of new terms to identify their gender, including "transgender" and "cisgender."
Following a brief mention of Facebook's announcement, Morris joked that he had changed his gender identification to "intersex," describing people who are born with a physical anatomy that does not appear to fit typical definitions of male or female:
During the March 1 edition of Fox & Friends Saturday, Morris and his fellow co-hosts Anna Kooiman and Mike Jerrick discussed a high school considering making all of its graduation gowns one color in order to be inclusive of all students. Though the segment was framed by a chyron that asked "Over-Sensitive Society?", Morris quickly shifted gears to make an impassioned plea for understanding of transgender and intersex people (emphasis added):
MORRIS: There are millions of Americans and children who are born with the sexual organs who are not there or are not fully developed and therefore don't define themselves by a particular gender. I mean, that's a fact. It's not as black and white as we would like to make it. Just pick whatever color gown you want. Imagine being a parent and your daughter is born a specific way where her sexual organs are not developed. Then as a parent you have to be sensitive to the fact that your daughter doesn't identify with a particular gender.
KOOIMAN: And we've done news stories too about bathrooms and some schools, middle schools and high schools, considering having unisex bathrooms, so that these people who fit into this category won't have to pick the boys or the girls. But then you think about these young teenagers who are going through puberty, if you're a mom or a dad, do you want your daughter in the bathroom with a boy, potentially?
JERRICK: My goodness, are we overthinking this? It's just the color of a garment.
MORRIS: Just put yourself in the shoes of those children, though, who have to deal with that. Look, I made a pretty ignorant statement a few weeks ago, we were talking about the Facebook story where they added the bunch of different gender-identifying things. And I made sort of an offhanded comment and I regretted it later because now, 'Wait a second. There are people who are actually dealing with this and I'm an idiot for saying something stupid like that.' So before you open your mouth, just think about it a little bit.
Morris' comments are extremely uncharacteristic for Fox News, which has never missed an opportunity to mock and demean people with different gender identities. Morris demonstrated a degree of empathy and willingness to accept criticism rarely seen on his network. He deserves to be commended, and his colleagues who have yet to apologize could do a lot of good by following his lead.
From the February 28 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Wall Street Journal columnist Peggy Noonan pointed to the fight against measures that would allow businesses to discriminate against gay and lesbian customers as further evidence of "the politicization of everything," ignoring the fact that conservative media and legislators spearheaded the push to allow individuals and businesses to deny services to the LGBT community.
In a February 27 screed lamenting the decline of "the nation's morale," Noonan launched a wide-ranging attack on "the aggressive left" and its alleged responsibility for sowing the seeds of "national division." Obamacare, the IRS, the EPA, the NSA, and Nancy Pelosi all featured in Noonan's list of terribles, as did Senate Majority Leader Harry Reid (D-NV), whom she compared to Vladimir Lenin because Obamacare. Noonan also expressed concern about "the eroding end of the idea that religious scruples and beliefs have a high place" (emphasis added):
We are suffering in great part from the politicization of everything and the spread of government not in a useful way but a destructive one. Everyone wants to help the poor, the old and the sick; the safety net exists because we want it. But voters and taxpayers feel bullied, burdened and jerked around, which again is not new but feels more intense every day. Common sense and native wit tell them America is losing the most vital part of itself in the continuing shift of power from private to public. Rules, regulations, many of them stupid, from all the agencies--local, state, federal--on the building of a house, or the starting of a business. You can only employ so many before the new insurance rules kick in so don't employ too many, don't take a chance! Which means: Don't grow. It takes the utmost commitment to start a school or improve an existing one because you'll come up against the unions, which own the politicians.
It's all part of the malaise, the sclerosis. So is the eroding end of the idea that religious scruples and beliefs have a high place that must culturally and politically be respected. The political-media complex is bravely coming down on florists with unfashionable views. On twitter Thursday the freedom-fighter who tweets as @FriedrichHayek asked: "Can the government compel a Jewish baker to deliver a wedding cake on a Saturday? If not why not." Why not indeed. Because the truly tolerant give each other a little space? On an optimistic note, the Little Sisters of the Poor haven't been put out of business and patiently await their day in court.
While Noonan lamented the implications of a world in which being LGBT isn't sufficient reason for a business owner to deny someone a service, her survey of the "politicization of everything" excluded a look at the role of conservative media outlets like Fox News in crafting the narrative that LGBT equality poses a dire threat to religious freedom - the very narrative that led legislators across the country to begin proposing bills that would make LGBT customers legitimate targets of discrimination.
MSNBC and CNN both shined a spotlight on the Alliance Defending Freedom (ADF), the extreme anti-gay group behind Arizona's recent effort to allow businesses to refuse service to gay customers. The networks' decisions to profile ADF stand in stark contrast to a broader media tendency to ignore anti-gay group's records of extremism.
In the same week that Arizona Gov. Jan Brewer chose to veto SB 1062, a measure that would have expanded protections for businesses refusing service to gay customers, both CNN and MSNBC ran segments profiling ADF, which drafted the law along with the Center for Arizona policy.
During the February 25 edition of CNN's Anderson Cooper 360, Cooper noted the similarities between the talking points used by proponents of SB 1062 and similar measures in other states, tracing their shared "genetic code" back to ADF. Though Cooper invited ADF to participate in the segment, the group declined:
"This is America!" With that call to jingoism, Fox News legal correspondent Shannon Bream gave voice to a disconcerting push to grant private businesses the right to discriminate.
Bream's moment of candor came after her guest, Bernie Goldberg, cogently explained that business owners operating on Main Street don't get to pick and choose whom they serve and whom they refuse to serve. Bream jumped in:
Why not? Why not? I mean, this is America. We all have freedoms. I mean, why would you want to do business with somebody, no matter what your personal issue was that they had with you, why would you want to force them to do business with you? Why not just go down the street and say, "I'm going to spend my money to somebody who supports me and is kind to me and wants to help me and provide these services for me."
"Corporations are people, my friend," Mitt Romney quipped on the campaign trail in 2012. Increasingly, loud voices on the right are agitating to make sure that corporations and private businesses are seen as religious people who can always discriminate against employees and customers based on their religious beliefs.
Sometime in the next four months, the Supreme Court is expected to issue a ruling determining in part whether corporations can deny their employees benefits based on religious liberty protections.
At issue is a provision in the Affordable Care Act requiring for-profit businesses that offer health insurance to include coverage for contraceptive care. Religious groups, rallying behind the owners of the Hobby Lobby chain of craft stores, challenged that provision, arguing that it violated the right of Christian business owners to practice their religion.
In part this is the logical outcome of the push on the right to be more permissive of discrimination in the private sector, which Bream eloquently laid out by shouting "America" and "freedom."
In 2010, Rand Paul came under fire for saying that he objected to laws that prohibited businesses from discriminating. "I think it's bad business to exclude anybody from your restaurant," he said, "but, at the same time, I do believe in private ownership." Paul expressed general support for the Civil Rights Act of 1964, but lamented the fact that it extended to private businesses, a core piece of the legislation. The market, Paul argued, would take care of businesses that chose to discriminate.
While Paul was excoriated for his remarks, they were embraced on the right. Fox Business host John Stossel bragged that he would "go further" than Paul, calling for a partial repeal of the Civil Rights Act and give businesses the right to discriminate:
Because private businesses ought to get to discriminate. And I won't ever go to a place that's racist, and I will tell everybody else not to and I'll speak against them. But it should be their right to be racist.
That hypothesis, that private businesses should have the right to discriminate and be punished by the marketplace, has played out in recent days in the debate over an anti-gay bill in Arizona that would have made it easier for businesses to discriminate against gay customers.
That fight came after months of Fox News pushing anecdotes about Christian business owners under siege by laws the kept them from forcing their religious views onto employees and customers.
"Jan Brewer, the governor of Arizona, vetoed religious freedom," Rush Limbaugh opined on his radio show. "And, naturally, Democrats and their media allies are cheering. Even some Republicans are praising Arizona. Meanwhile, our founding fathers more than likely are spinning in their graves at about 400 rpm."
The night Brewer vetoed the bill, Ilya Shapiro, a senior fellow at the libertarian Cato Institute, argued in support of the right for businesses to discriminate on MSNBC's All In: "But in terms of private businesses doing it on their own, I think they should have the freedom and individuals should have the freedom to associate how they want."
It's a point Rand Paul and John Stossel were making in 2010. It's a point that opponents of the Civil Rights Act have been making for 50 years. And it's a chilling reality that it's once again a prominent aspect of public debate.