I believe it’s in the preface of Applied Economics: Thinking Beyond Stage One, where Thomas Sowell recounts his first economics professor confronting young, idealistic, typically left leaning, first year college students with the relentless question, “Okay, then what happens?” It’s an important question, both for the book, and for life in general, which is certainly why he wrote about it. I am no longer in possession of the book, so I can’t quote it, but the method goes something like this:
Student: Poverty is terrible, the government should pay unemployed people.
Professor: Okay, then what happens?
Student: Then people won’t suffer poverty, and have to worry about a job.
Professor: Okay, then what happens?
Student: Then people never feel the needed pressure to find a job
Professor: Okay, then what happens?
Student: People remain unemployed as long as the government pays them…
And on it goes until the student recognizes that their good intentions are fraught with unintended adverse consequences. When I was a young left-wing advocate I was full of good intentions, until one day I started thinking outside my box and asked myself “Okay smart guy, then what?” I learned that as open as I thought my box was, it was actually far too small, closed & sealed. Things weren’t as they appeared to be. From then on, I have continually questioned everything I think I believe to be true. Non-stop, every day, I question myself hard in an effort to seek truth. Each time, I find myself becoming more & more liberty-minded, or “small ’l’” libertarian, as some say.
One of the issues I’ve questioned myself on is same-sex marriage. Tonight, my current home state of Minnesota became the 12th in the nation to legalize same-sex marriage. So hey! Isn’t that great? Homosexuals are free to marry each other… FREEDOM… LIBERTY… GET IT? I should be happy, right? Not really. I don’t see how demanding the government to authorize someone to have a sanctioned relationship is in anyway remotely free. In fact it is the exact opposite. If government approval is what makes your relationship whole, you have a lousy relationship!
Put that aside for now. Personally, as a Christian, I think marriage is a covenant, or a contract between a man, a woman & God. The Bible is pretty clear about the approved participants being one man & one woman, and since God is the sanctioning body, he doesn’t approve applicants for same sex marriages. Be free & live life how you want, but them’s the breaks in the Christian world. Don’t like it? Talk to God, & good luck.
Not everyone is Christian! How can I expect them to live up to the rules of my faith? I don’t! From what I can tell, Jesus himself didn’t either. If you call yourself a follower of The Way, you are expected to follow the rules, but there is nothing saying we are to impose our beliefs of others. Encourage them to come to us, sure, but not impose our laws on them. Besides, we aren’t exactly good at following these laws ourselves, so don’t expect those with no reason to even try to follow these rules to comply with them! About 3% of the US population is homosexual. Just in case you didn’t know, they are as human as you & I, they fall in love, they commit to each other and with determination & hard work they grow old together. We should all respect that committed relationship.
So WHY, Dennis? WHY aren’t you happy about the same-sex marriage decision??? Just one question remains, the one question that makes me side with the traditionalists:
Okay, then what happens?
It’s the unintended consequences. My friend, Walter Hudson, wrote a great open letter to the Minnesota senate that outlines almost all the concerns I have had up to today. Instead of me beating a dead horse, read Walter’s entry for yourself, He’s a more practiced writer than I am, so there’s no sense in my rephrasing it. As of today, I have a new concern. As I was both pondering the issue and studying for my last constitutional law class, I came across something troubling. A 1983 SCOTUS case named Bob Jones University V. United States.
Bob Jones University is a private, religiously affiliated college. Like most colleges in the US, its students are predominantly white. From what I’ve learned, they’ve always accepted minority students, but they did not condone interracial marriage at the time. As such, they did not accept student applicants who were in an interracial marriage, and they based this on their interpretation of The Bible. Well, guess what? I don’t like it, You probably don’t like it, but that’s why there’s a first amendment. They have the right to free exercise of their religion.
So what’s the problem? The IRS of course! In 1970, the IRS changed their definition of what a 501(c)(3) was. In case you are wondering, that’s just the regulation number that defines tax-exempt charitable, religious, & educational organizations. Prior to 1970, there was no restriction on organizations that discriminated based on race. But you know how the IRS works; If they let you keep your own money, then they think they are paying you. After 1970, they decided they were no longer going to “fund” organizations that discriminated based on race. Long story short, The case ended up in front of the Supreme Court & Chief Justice C.J. Burger.
The court sided with the IRS in an 8 to 1 decision, which ended BJU’s tax-exempt status and required them to pay millions of dollars in back taxes. Ok, so where am I going? This is same-sex marriage, not interracial marriage! Besides, the Minnesota law has a religious freedom amendment preventing such an effort, right? Not so fast! In his open letter, Walter does a pretty good job of outlining how religious freedoms have already been trampled in the other 11 states which have approved same-sex marriages, and he illustrates just how thin this religious protection actually is. But to get at my point, we have to examine the majority opinion of SCOTUS as written by Chief Justice Burger.
The district court that heard BJU’s case first found “that the IRS exceeded its powers in revoking the University’s tax-exempt status and violated the University’s rights under the Religion Clauses of the First Amendment…”. So they held that there was a religious protection involved, but was there? Burger didn’t think so:
“The Government’s fundamental, overriding interest in eradicating racial discrimination in education substantially outweighs whatever burden denial of tax benefits places on petitioners’ exercise of their religious beliefs. Petitioners’ asserted interests cannot be accommodated with that compelling governmental interest, and no less restrictive means are available to achieve the governmental interest.”
So what about the First Amendment? That wasn’t the issue to Burger. In fact, he was probably right. Neither SCOTUS nor the IRS was saying BJU couldn’t discriminate. In fact, they continued this policy until 2000. If SCOTUS had stopped the discrimination BJU had based on religious beliefs, then there would have been a First Amendment violation, but that wasn’t the case here. The IRS was simply stating they were ending BJU’s tax-exempt status, because the government didn’t approve their policy of discrimination. In other words, they still enjoyed the religious protection of the first amendment, but were still penalized by the government for their religious beliefs, because BJU wasn’t acting with that compelling governmental interest.
But were are still talking racial discrimination, not being religiously opposed to same-sex marriage! It’s apples & oranges, chalk & cheese! Or is it? If you are on Facebook, you have no doubt seen the photo memes comparing 1950’s era KKK members protesting interracial marriage to the current traditional marriage supporters. As if blatant racism has anything to do with basic biology. Those memes insult me… not as a traditionalist, but as a thinking, sentient human being. They are just so utterly simplistic, I can see the dolt in the corner with a dunce cap on his head making that thing up & thinking he’s clever. But I digress needlessly.
I don’t even have to convince you that same-sex marriage proponents are already thinking in these terms of bigotry, civil rights, & discrimination. If you haven’t caught on to that sentiment yet, you don’t have many leftist friends, because they’re pretty blatant. I also don’t have to spend much space illustrating how basic civil rights laws & court decisions that were originally drafted to protect the African American population has stretched to provide so-called protections for nearly any entity you can think of, from big corporations down to common criminals. It’s a tradition that started with the Slaughterhouse Cases in 1873, but we don’t have to mess with this, because Burger already gave it to us:
“An examination of the IRC’s framework and the background of congressional purposes reveals unmistakable evidence that, underlying all relevant parts of the IRC, is the intent that entitlement to tax exemption depends on meeting certain common law standards of charity — namely, that an institution seeking tax-exempt status must serve a public purpose and not be contrary to established public policy.Thus, to warrant exemption under § 501(c)(3), an institution must fall within a category specified in that section, and must demonstrably serve and be in harmony with the public interest, and the institution’s purpose must not be so at odds with the common community conscience as to undermine any public benefit that might otherwise be conferred.”
I emphasized it in the quotes, but just so we’re clear let’s summarize:
1) For an institution to receive tax exempt status, it must serve a public purpose, AND NOT be contrary to established public policy. UH… a law is policy… it allows the public to do something… Public+policy=Public policy! As of tonight, Minnesota’s “established public policy” is homosexuals are allowed to marry. Most Christian churches do not allow homosexuals to get married.
2)Also to warrant 501(c)(3) status, the institution must not be at odds with the common community conscience as to undermine any public benefit that might be otherwise conferred, or given. UH… a democratically elected legislature & governor is representative of a common community conscience, is it not? And if a church is refusing to marry a same-sex couple, they are undermining any public benefit that might be otherwise given if the church wasn’t so set in its doctrines.
These churches beliefs are protected by the first amendment, but their tax exempt status is at dire risk due to the precedence set by Bob Jones University v. United States.
Okay, now what happens? All out economic warfare on America’s churches is my bet.