Posted by
ragtopcaddy on Thursday, September 13, 2007 2:21:57 PM
I
received the following email forwarded by an old friend today:
Subject: FW: Thanks for taking action! Will
you forward this message?
Hi Family, Friends, and Activists,
Did you know that in 31 states it's
perfectly legal to fire someone for being gay?
Or that in 39 states it's legal to fire someone for being
transgender? I found it pretty hard to
believe. Here we are in the 21st century,
in a country that prides itself on equal opportunity, and millions of Americans
can be denied a job or fired - not for poor performance, but for simply being
themselves.
I just took action with the Human
Rights Campaign to end this appalling injustice. I hope you'll join me today, by sending a
message to your lawmakers in Congress urging them to pass the Employment
Non-Discrimination Act, which will make this kind of discrimination illegal
once and for all.
It's easy. To take action, go to:
<http://www.passENDAnow.org>
Here is my response to
the list of recipients:
***,
My
old friend! As much as I love you, I will not be forwarding this email.
Perhaps
some of you might find this worthy of consideration.
Where
does Liberty
enter into this issue? It is apparently of little concern to those proposing
this “solution” to the "problem", as stated. Is there a human being
anywhere who does not see themselves as perfectly suited to the job they are
seeking or doing? How then to explain rejection or firing? There must be some
other reason. Prejudice! If all of us got to determine our conditions of
employment, we’d all be making 7 figures and be immune to termination. Liberty guarantees me the
right to seek any job I choose, not to secure it on my terms. This is the true
nature of equal opportunity. What the petition refers to is equal outcomes, as
determined by the employee. Liberty
also gives my potential employer the right to hire and fire whom he chooses,
including me. This is only the best solution, not perfect by any means.
Perfection will have to await Divine Intervention.
What
do you do if an employee of yours is gay or transgender, and incompetent?
Apparently, we have 19 states that have decided to make it difficult for a
business owner to do what’s best for the rest of his employees, his customers,
and the survival of his business. Is there something inherently inferior in the
character of the business owner that makes him less capable than a government
bureaucrat in deciding his own staffing issues? Is there something inherently
superior in the character of gays that they should enjoy immunity from the vicissitudes
of the labor market? Is there some inherent quality of bureaucrats that endows
them with faculties superior to those of the business owner, in determining
what's best for all concerned? Or is it that business owners, by virtue of
being business owners, don't deserve the protections of liberty? This
"solution" may look OK from your house, but it will be pure hell on
business owners.
It
seems obvious to me that a business owner would be more inclined to ignore his
personal prejudices and keep a productive gay employee on the payroll, while a
bureaucrat who has no financial stake in the outcome would more likely force a
business owner to keep an incompetent gay employee for political appearances,
and less likely to permit him to fire him for blatant incompetence.
Any business owner who would indulge his prejudices at the expense of his
business would be all the more likely to suffer, in this instance, a
well-deserved bankruptcy. By the same token, any bureaucrat who indulges his
prejudice against the business owner (who, by the way, is a minority in any
economy), and panders to gay political organizations, has everything to gain,
and nothing to lose by his interference. His prejudices are given free reign.
If the bureaucrat is wrong, he can just say, “Oops”, walk away from the damage
he causes, and move on to the next target. Incompetent gay employees become
political appointees at the expense of the business owner, his customers, and
employees. That benefits no one.
A
private citizen should not have to seek permission from some bureaucrat to
conduct his private business as he sees fit. If his judgment is faulty, the
market place will punish him in perfect proportion to his offense. No sane
business owner, regardless of his prejudice, is inclined to leave money on the
table by firing an employee who is a net contributor to his bottom line.
Assume, for the sake of argument, that Alex Rodriguez
were gay and Steinbrenner were prejudiced against gays. Given these
assumptions, do you believe that Steinbrenner would fire A-Rod and risk seeing
him in a Red Sox uniform in the post-season? I think not. I think Steinbrenner
would find a way to suppress his prejudices and keep him on the payroll, don’t
you?
Let’s
not forget, we’re all human beings here. None of us is “without sin” with regard
to prejudice. The problem with all prejudice is that “If all you have is a
hammer, everything looks like a nail”. If your prejudice leads you to believe a
substantial percentage of business owners are inclined to indulge their
prejudices regardless of the consequences to their businesses, you will see it
everywhere. I’ve been on enough jobs with enough gay people to know that that
is clearly not the case. In addition to the chilling effect on the rest of your
staff; if you fire competent people to satisfy your prejudice, your competition
will hire them and beat you with them. The more astute of the remaining
employees would be likely to see this one coming, and seek more secure
employment elsewhere, hastening the outcome. This is a far more likely circumstance
than a world populated by wise beneficent bureaucrats, tort lawyers, and D.A.’s
on white horses, righting wrongs (Mike Nifong, anyone?). Business owners have
an existential stake in their hiring practices. Politicians and bureaucrats
have an existential stake in justifying their existence by finding politically
unpopular targets, and currying favor with gullible voters. This “solution”
will do far more to keep incompetent gays on the payroll, for fear of lawsuits,
than it will to prevent a relative handful of clearly prejudicial firings,
where those unduly fired employees can likely find work elsewhere, if they are
truly competent, and the business owner will suffer very real consequences.
I’ve
never come across a human being who was entirely free of prejudice. Likewise,
I’ve never come across a human being who was capable of mind-reading,
sufficient to determine whether someone else was acting purely out of
prejudice. I am reasonably certain that gathering a number of such super-humans
sufficient to populate a bureaucracy created for this purpose will be beyond
the capacity of the legislature, impressive as they may be. The balance, the
overwhelming majority of such bureaucrats, will be fit, in the course of
justifying their paycheck, to cause a lot of damage to business owners and,
consequently, the general public.
MYOB
has always been some of mom’s best advice. It’s no less so today. The less
government does, regardless of how wonderful it all looks on paper, the better
off we all will be, gays included. It may be legal in 31 states to fire someone
for being gay, but it’s pretty damn stupid always and everywhere to do so. The
marketplace will more than adequately punish such stupidity. Conversely, stupid
legislation will punish all of us, diminishing our Liberty, granting new powers to the
government, and once on the books it’s practically immortal.
The
fact that there are 50 different experiments going on in this arena is a good
thing, and precisely the intent of the Founders of our federal republic. Time
will tell who has it right. There is no place for federal legislation in this
matter, according to our Constitution.
Don’t
just make a difference. Make a positive and substantial difference. Preserve Liberty.
For
further reading:
http://www.fee.org/library/books/critique.asp
Sincerely,
Bill Reed
I received the following response from my friend's daughter:
Hi Bill-
I don't know you. I am *******'s daughter. I think you miss the
point of ENDA. A business owner can fire a gay person if the gay person
is incompetent. The PROBLEM occurs when the business owner fires or
chooses not to hire this person for the sole reason that he or she is GAY.
I do not have the time to go into a detailed response to what you have said
here. I wish I did. Just so there is full disclosure here, I am a
lesbian. Maybe you didn't know that **** had a gay kid when you sent that
email, but now you do know. Maybe you have never experienced prejudice so
you do not know what it is like to be discriminated against. I hope you
never have to.
*****
******,
Here's my response to her:
I’m
an old friend of your dad’s from High School.
The
problem you refer to will be small potatoes compared to the problems that will
ensue from your solution. Determining whether or not the “sole reason” is that
they are gay is going to be a little less straightforward than you seem to
imagine.
To
begin with, there isn’t a human being walking the face of the earth that hasn’t
experienced the sting of prejudice. The suggestion that my disagreement with
your argument betrays a lack of sensitivity to the sting of prejudice is a
condescending insult. I know you did not intend it to be (because I have some
idea of how you were raised ;-) ), but it is. It is also a conversation stopper. It is little more than a
suggestion that I butt out of an argument that has far-reaching negative
repercussions for my children. It is an effort to silence opposition, rather
than engage the substance of it. In friendship and affection, I hope that by my
stating this, you will in the future limit yourself to addressing the substance
of arguments, and leave the ad hominem stuff alone. The logic of my argument is
not dependent upon who is reading it. I would not be surprised to find that you
have silenced a great many opponents with such a tactic. Not that you
intentionally do it with silencing in mind, only that it works and if you don't
bother to examine it, you will be inclined to indulge in it. It's a bad habit
and not conducive to self-education.
Secondly,
who is the omniscient personage who will sit in judgment as to whether the
employee in question is being fired for the reasons stated by the employer, or
from blind prejudice as contended by the employee? I don’t think you will find
many examples where a person is told, at least formally, that they are being
fired for being gay now, and even less if such a law is put into place. That
adjudicator will not only have to possess the Wisdom of Solomon, but the
telepathic mind-reading abilities usually found only in science fiction and
fantasy novels. I doubt that one such person could be found, never mind a
sufficient quantity of them to adjudicate the deluge of cases the tort lawyers
are salivating for. The incompetent gay person would not only have to be
incompetent in the eyes of the employer, who stands to lose financially due to his incompetence, but in the eyes of the adjudicator, who has no such stake. If
the adjudicator never finds a case where the charge of incompetence is
unwarranted, how can he justify his lofty position as adjudicator? So, even if,
in the most unlikely case, no such offense is ever truly proved, there is tremendous
pressure on the adjudicator to nonetheless occasionally find in favor of the employee.
Finding in favor of the employer offers no benefit to the adjudicator. Finding
in favor of the employee constitutes job security. These adjudicators will be
drawn from the same class of humans as the business owners. They will
consequently be no less inclined to moral corruption than employers, employees,
or anyone else. The out-of-court buy-offs by the corporations will do nothing
to improve their profitability, with decreased payrolls a likely side effect.
A
person’s private life is, and ought to be, of no concern to anyone but that
person. That’s the essence of liberty. Your own private life has no relevance
to me or my argument. You have no way of knowing whether or not I am gay.
Neither do I assume you are, or should be, ashamed of being gay. If I thought
there was anything insulting to gay people in my argument, I wouldn’t support
it myself. The fact is, there is nothing in my argument that could possibly be
taken as an offense, unless you were determined to interpret it that way as a
strategy to avoid the substance of it. My argument was never intended to be
whispered amongst heterosexuals only. The fact of your lesbianism is
meaningless in this context.
You
should not consider every disagreement with your goals as an attack on your
chosen lifestyle. That makes civil discourse impossible. Any disagreement we
might have lies in whether this is an area in which the coercive powers of
government need to be brought to bear. I don’t think you will find anything in
my remarks that could rationally be interpreted as prejudice against, or an insult
to gay people. I know this, because that is not how I feel about people. There
is no greater expression of love for humanity than a commitment to universal
liberty. “The right to be wrong” is a serviceable definition of liberty. Your
right to the lifestyle of your choice, like mine, should not be subject to the
approval of anyone else, least of all some bureaucracy. That’s more in line
with Bin Laden’s worldview than Thomas
Paine’s.
Liberty for a few at the expense
of others is license, not liberty. Several hundred years of common law, and our
constitution, recognize that a business or corporation is on a more or less equal
footing under the constitution with an individual. Consequently, the
protections of liberty extend to corporations and businesses. Freedom of
association is a fundamental liberty of all Americans and is ordinarily
considered a natural right. It is the principle under which your gay
relationships are protected. Abridging that right, in the case of businesses,
has a greater potential for evil than for good, despite the best of intentions.
The
crux of the issue here is whether an ordinary human bureaucrat or politician is
going to be any better at ameliorating this particular “flavor” of
stupidity/prejudice than an equally human business owner, and, if so, whether
it’s worth giving up still more of our liberty. The argument I make is that
they will do worse. At least a business owner’s potential prejudiced
proclivities are significantly attenuated by his interest in profit (see the
A-Rod reference in my email). There are no such brakes on the behavior of the
government, and they have the guns to enforce the stupidity/prejudice of their officials
Always bear in mind that all government
regulatory activities are not just coercive in a rhetorical sense, but backed
up by incarceration and the force of arms. Additionally, every decision we cede
to the government diminishes our liberty. It is tragic that our education
system has obscured our history, and the arguments that were settled long ago (see:
The Federalist Papers) and incorporated in the foundations of our country.
There is nothing progressive about these “progressive” ideas. They will
ultimately move us backward and put us on the road to totalitarianism; the
“Tyranny of the Majority” that so concerned the Founding Fathers. Believe me,
these people have not discovered some better method of running things than were
codified in our Constitution.
I
do not have a right to be employed by the employer of my choice, or at the rate
of my choice, against his will, regardless of my feelings of alienation or
victimization. Neither do I have the right to employ the person of my choice at
the rate of my choice against his will. I think you will recognize that as
slavery. If an employer doesn’t have the wit and imagination to value my
contributions, he doesn’t deserve me. If I am right about my worth, I will have
little difficulty finding employment elsewhere. The onus is on me to find that
employer, without the interference of the government.
The
best guarantee for all Americans, regardless of lifestyle, religion, politics,
or any criteria you care to mention, is the guarantee of liberty, as prescribed
by the Constitution. Despite the best of intentions, any and all abrogations of
that liberty threaten all of us, including, perhaps especially, you.
Sincerely,
Bill Reed