Is gay marriage the end of religious freedom?

Ben and I talk about the post-New York future of gay marriage in our Scripps Howard column this week. This is normally where I print my half of the column and send you to the link to read Ben's half. This week, though, I'll claim the privilege of printing Ben's half—then responding:

Ben responds to the question: Is legalized gay marriage inevitable?

New York's legislature took a vote, but the question of gay marriage is far from settled. Unfortunately, reasonable debate on the subject now appears to be impossible.

Millions of Americans believe gays and lesbians should be free to live as they please -- a huge generational shift -- but that marriage should remain a union between a man and a woman. Marriage serves a vital social purpose of creating stable families. Raising children is perhaps the most important function of marriage (but not the only one). Not just any two parents will do.

A state law -- or a court decision -- won't change those people's minds. But to supporters of this radical concept of "marriage," none of that matters and no good faith disagreement is possible. It's just bigotry.

Fact is, marriage is already in deep trouble in this country. High rates of divorce and out-of-wedlock births have ruined countless lives and torn apart entire communities. Redefining marriage doesn't strengthen the traditional institution so much as signal its irrelevance.

Don't believe for a moment this is simply a matter of "equality." As same-sex marriage becomes routine, it won't be long before other groups demand legal recognition of their own peculiar relationships.

The argument is already well underway. A website called BeyondMarriage.org -- established in 2006 by "a diverse group of nearly 20 LGBT and queer activists" -- asserts: "Marriage is not the only worthy form of family or relationship, and it should not be legally and economically privileged above all others."

And get ready for an onslaught of indoctrination and litigation. New York's feckless Republicans say their law is more enlightened than most because churches will not be compelled to perform weddings that offend their doctrines. But the weight of our anti-discrimination laws leans strongly the other way.

In the absence of persuasion, what's left is coercion. The New York law's flimsy religious exemptions will fall within the decade. And marriage as a bedrock institution will be even weaker than it is today. Count on it.

Though we disagree often on matters of public policy, Ben is my friend. Our partnership has endured because I believe him to argue honestly and thoughtfully in our public debates, and because of his generosity and warmth behind the scenes. But, particularly in those last two paragraphs, I believe he is guilty of hysteria.

Ben's suggestion here is that, ultimately, the U.S. Supreme Court will rule that Catholic churches—and other religious denominations—be required to perform gay weddings.

That will never, ever happen. Ever.

I'm not saying that some litigious couple with a daring lawyer won't try to make the case. But I am 100 percent certain that any judge possessing a passing acquaintance with the First Amendment would reject it on its face. And I am even more certain, if that's possible, that such a case would be eviscerated at the Supreme Court—where, after all, six of the nine justices are Catholic. And those justices, it's fair to say, have repeatedly handed down rulings indicating an expansive view of the First Amendment. I doubt they'll let corporations spend unlimited cash on elections but abandon religious freedom. Truth is: religious protections didn't need to be written into the New York law because the First Amendment already does the trick.

Not. Gonna. Happen.

Ben's argument is similar to those made among religious conservatives of late. Lacking persuasive arguments, they've come to persuade themselves that states that allow gay marriages are ... victimizing and oppressing anti-gay-marriage conservatives. They've likened the New York law to North Korean tyranny. They've decried "coercive state power" that wields a Bull Connor-like abusive authority in the service of the gay agenda.

This manages to pull of the neat trick of being both Orwellian and deeply narcissistic. Orwellian, because nobody is being coerced to do anything. As the saying goes: "If you don't like gay marriage, don't get one." No one is being forced to gay marry, or to abandon deeply held beliefs—and there are no dogs, fire hoses, guns, or forced-labor camps being deployed against heterosexuals. For most people, life won't change one iota. For the rest of us, it's changed to the extent that we've been liberated to live our lives with the same level of government recognition and respect as everybody else. The only thing that's being lost, for some folks, is the privilege of having government enforce your beliefs on other people in this particular regard.

And it's narcissistic because gay marriage isn't actually about the people who oppose gay marriage—at all. It's about people who love each other, and choose to share life's tasks with each other. That's it.

There are other parts of Ben's column I'd quibble with. He argues, again, that "not any two parents will do." Even conceding that for the sake of argument, I note that gay couples are among the most prolific and fervent adopters of kids who don't have parents, who have often been bounced around in foster care, who are often old enough or troubled enough or disabled enough that adoption agencies have an impossible time matching them to adoptive parents otherwise. Ask any social worker you know. Ben's vision, I think, condemns many of those children to eternal orphanhood. If it's the case that "not any two parents will do," I still strongly suspect that in most cases any two parents will do better than none at all. Ben lets perfect be the enemy of the good in this case, and thus seems to advocate the kind of social engineering he would otherwise disdain.

But I don't need to rehash all the arguments for and against gay marriage. That's pointless. But I do have to push back against Ben's extreme vision of Catholic priests performing gay marriages under the bootheel of homosexual tyranny. It is ... laughable.

I've told Ben this: I don't expect to persuade him of very much in this life. He'll be conservative, I'll be liberal, and somehow we'll make it work. On this one issue, though, I hope he someday changes his mind, just a little bit. The existence of gay marriage brings a little more freedom into the world. That's normally the kind of thing he'd celebrate. That's one reason why—despite our disagreements—he remains my friend.

Arlene Ackerman's paranoid delusions

When rumors surfaced Monday that Philly schools Superintendent Arlene Ackerman might be leaving town, I was hopeful. Not just because her administration continues to block me from following its Twitter feed—but for less selfish, substantive reasons. Like her questionable budgeting acumen. Her slowness in responding to violence at South Philadelphia High School. Her decision to be defensive instead of proactive when it comes to the broader problem of school violence. The list could go on. I wasn't hopeful that she was leaving because she's awesome.

Ackerman's staying, though. What's interesting is how she's responding to those rumors of her departure:

Schools chief Arlene C. Ackerman on Monday shot down rumors she is in talks to leave the Philadelphia School District, and suggested that those who want her gone are uncomfortable with the thought of all public-school children succeeding.

Many initiatives in Ackerman's three-year superintendency have been focused on funneling resources to struggling schools, and, she said, "that is maybe threatening to some people, but I came here to do a job, and I'm going to do that job. All the rest of this is just noise."

Oh, sure, Dr. Ackerman. You're under fire because your critics hate kids. That's it.

We're faced here with a couple of options. Either Ackerman believes what she's saying, in which case her head is filled with paranoid delusions. Or she's intentionally trying to delegitimize her critics by ascribing evil motives to them. Which might be a savvy survival technique, but sucks in terms of serving the students in her district.

From where I sit, it appears that Ackerman is the figure who is motivated by politics and turf defense. Her critics probably have some of that going on, too, but they can also make a substantive case that Ackerman's leadership is bad for the district—and thus for the kids. It would be nice to see Ackerman focused on leading the district instead of tearing down her opponents.

Back in his natural habitat.

Taken at Cafe Lutecia

Why we can't afford the death penalty in Pennsylvania, ctd

A lawyer weighs in on that flat $2,000 preparation fee the state pays defense lawyers in capital murder cases:

Think of it this way. As a lawyer I charge a little under $200 for the paper-pushing work I tend to do: contract negotiating, real estate transactions, and so on. Two grand is ten hours of my work, which doesn't involve attempting to preserve someone's basic liberties -- mostly it involves bringing a deal to a close, or winning someone's money back, or securing some intellectual property rights.

Criminal defense involves securing someone's fundamental liberty not to be kept in a prison by the government. A capital case involves securing someone's fundamental liberty not to be killed by the government. Even if I were to do that work for you for $200 per hour, wouldn't you hope I work more than 10 hours on your case?

A cynic might suggest that Pennsylvania politicians are happy to see capital murder defendants walk into court with one hand tied behind their back. But even if we refuse to speculate about motives, how can anybody deny that poor murder defendants are hugely disadvantaged on what is supposed to be a level playing field?

The conclusion remains the same: Death penalty jurisprudence in Pennsylvania is unbalanced, unfair, and ultimately ineffective. Why are we holding onto this system?

Conservative intelligentsia largely silent on gay marriage

We've had an entire weekend to react to news of New York's gay marriage law, and the silence of so much of the right on the topic is pretty notable. I've periodically checked in at a number of leading conservative blogs over the last 48 hours—Hot Air, Power Line, Red State, No Left Turns, Commentary, Weekly Standard—and the reaction has been almost total silence. There has been more hubub in the Catholic precincts of National Review, but it's not one-sided: there's genuine debate going on there.

Obviously there are plenty of self-described conservatives out there—particularly religious conservatives—who are incensed. And they always will be. But a good chunk of the conservative intelligentsia just can't rouse itself to battle on the topic—probably, I'm guessing, because so many folks in that group have gay friends. It takes two sides to have a culture war; on this issue, at least, one side appears to be leaving the battlefield.

The Weekly Standard thinks the generals command the president

Interesting wording from Daniel Halper:

The Los Angeles Times reports that President Obama defied his generals' advice on Afghanistan.

At the risk of being pedantic, here's the first dictionary definition of "defy": "to challenge the power of; resist boldly or openly: to defy parental authority." Halper's phrasing certainly suggests that the generals are supposed to command the president, instead of the other way around. A minor detail, perhaps, but telling nonetheless.

Stu Bykofsky wishes for the devastation of Philadelphia

Weird little column from Stu Bykofsky this morning, wishing that Philadelphia would be a little more like...Detroit:

Unlike Philadelphia, Detroit's business community is as galvanized and aggressively optimistic as a Disney theme park.

Over the weekend, members of the National Society of Newspaper Columnists were bombarded by some biggies from the past, the Big Three automakers, and the future, Quicken Loans, which just brought 1,600 high-tech jobs to downtown - and will add an equal number in the months ahead, jobs dragged from the suburbs because its young staff wanted to be where the action is.

The action is still modest, but the downtown bowl has new buildings, refurbished hotels, casinos and a Hard Rock Cafe. But drive just one mile east and there are block-long gaps where buildings once stood, where neighborhoods died. The city is toying with the idea of growing farms within the city limits.

Ideas like that are far more revolutionary, made necessary by necessity, than Philadelphia's bike lanes. Ideas like that are born of a desperation that has not yet gripped Philadelphia. Maybe it should.

Yes: Byko is saying that Philadelphia would benefit from almost complete and utter economic devastation—something that (like Detroit) would cause us to lose two-thirds of our population and leave the rest desperate and scraping along for survival. Maybe then we could attract more artist/hipster types to the city core? That sounds like what he's saying.

Hey Stu: We already have a Hard Rock Cafe.

I've heard local folks make the Philadelphia-Detroit comparison before—though not quite with Byko's apparent enthusiasm—and I think it's wrong. Philadelphia, these days, isn't quite so dependent on any single industry the way Detroit was for a long time: We've already largely experienced our industrial collapse, but in stages—it was unpleasant, but it didn't bring down the city with it. What's more, we have geography on our side—we're part of an urban ecosystem: New York-Philly-Baltimore-D.C. are all in relative proximity to each other; some folks here commute to NYC every day. Detroit is more physically isolated.

In any case, I don't think Stu really wants Philadelphia to have a near-death experience. If he does, he's an insane, evil madman who doesn't deserve a column. Mostly, I think he went to a convention in Detroit and had to come up with a column for Monday's newspaper somehow. This is what we got.