Blessed Are the Peacemakers: For They Shalt Have .50cal Machine Gun Turrets

September 6, 2008

Missed this story when it first broke, but can you think of a reason for a local police department to have an armored personnel carrier with a mounted 50 caliber machine gun turret? Can you imagine them actually using such a thing in a residential neighborhood in the U.S.?

Probably not. The Sheriff claims that the vehicle will “save lives” and reasons that when “something like this rolls up, it’s time to give up.” I’m all for the police being appropriately armed, but give me a break. First of all, this thing is not going to have time to “roll up” unless the police are either conducting a pre-planned raid, or having a long standoff. And in either case, I very much doubt that an APC is going to intimidate criminals any more than twelve guys in riot gear and machine guns already can. .50cal machine guns are for closed firing ranges and war zones: places where you either want to have safe, human-target-free gun fun, or else turn real human beings into hamburger. They don’t belong in residential or urban police operations for anything short of Die Hard.

But wait: what if I told you that it all made sense because… because… Jesus!

Sheriff Lott stated that the name selected from the entries will be “The Peacemaker” because that is the APC’s purpose and the bible refers to law enforcement in Matthew 5:9 “Blessed are the peacemakers: for they shall be called the children of God”.

As DrugWarRant points out:

In all my reading of the beatitudes, I never once imagined Christ astride an Armored Personnel Carrier complete with a turret-mounted .50-caliber belt-fed machine gun, surrounded by apostles in SWAT gear, as he said to the crowd “Blessed are the peacemakers: for they shall be called the children of God.”


Religious Freedom Under International Islamic Attack

September 4, 2008

Some American innovations are so deeply embedded in our psyches that it’s hard to imagine how any other country could forgo them. But reject them they do, and now the Organization of the Islamic Conference (OIC) seems to be moving, with objections from around the globe, to further formalize U.N. resolutions against “defamation,” primarily against Islam. Critics have pointed out that the language gives further cover for the persecution of minority voices in already undemocratic and illiberal Islamic regimes.

“This [language] destabilizes the whole human rights system,” said Angela Wu, international law director for the Becket Fund for Religious Liberty, a public interest law firm in Washington. “It empowers the state rather than individual, and protects ideas rather than the person who holds them.”

We don’t really have a culture war in the U.S.: we have a impolite scuffle, mostly exaggerated for the benefit of political fundraising. The real culture war is between the liberal West and theocratic/ideological regimes who enforce conformity in their societies with the threat of violence and persecution.


Conscience For Me But Not For Thee: The Case for Pro-Life Docs and Pharmacists

August 22, 2008

In two recent threads over at Pharyngula, one about a poll and the other about some recent comments from HHS Secretary Mike Leavitt, I’ve gotten myself caught up in some pretty heated exchanges over the issue of pro-life doctors, and their impact on reproductive choice and access to health care.

This controversy has been building for some time, as legislatures and now licensing boards are increasingly confronting the question of whether, and to what degree, the consciences of anti-abortion doctors should be protected. More and more women are startled to find local doctors and pharmacists refusing what they had assumed were basic and perfectly legal prescriptions.

Now, as far as the original issues go, most of the things that anti-abortion docs, pharmacists, and their advocates are currently pushing for are indeed overboard. The idea that a doctor can refuse to refer a patient to another doctor, or refuse to even give them information, is unjustifiable. And if a CVS pharmacy wants to offer the pill to its customers, then it has all the cause in the world to only hire and retain staff that are willing to dispense it. It’s simply not unjust discrimination to fire someone if their conscience prevents them from doing what the employer needs done, and no reasonable (reasonable on the employer’s terms) accommodation can be found.

Unfortunately, many of my pro-choice compatriots have, I think the wrong idea themselves, asserting principles of their own that go far beyond the right of employers to set the conditions of employment. When it comes down to it, it seems that many people believe that doctors who refuse on ethical and/or religious grounds to prescribe birth control pills, pharmacists that refuse to fill such orders, or even, it seems ob/gyns that resist performing elective abortions should either ignore their consciences or essentially leave their chosen professions. But the justifications given for this harsh ultimatum are, I think fatally flawed.

Two principles in particular are, I think twisted or misapplied to this situation: the idea that pro-life doctors are forcing things on their patients, and the idea that pro-life doctors and pharmacists aren’t doing “their job.”

Doctors Have No Right To Force Their Choices on People

As general principle, this idea Is central to most cannons of medical ethics and medical license boards. And justly so. It’s based, first and foremost, on the idea that people of sound mind have an absolute right to accept or refuse medical care, and to pick the treatment plans they are comfortable with under the advice of the physician. It’s based on a laudable ethic of not forcing something on someone without their consent.

The problem is that this ethic seems to fall by the wayside whenever people start considering the views of people they don’t like. Or it gets implausibly twisted, so that the “forcees” are claiming to be the victims. It takes a true mangling of language to assert that someone not doing something for you constitutes forcing you to do anything. But that appears to be precisely what it going on here.

Consider the common assertion that doctors who refuse to prescribe birth control, especially when they practice in far-flung areas and stats that offer little choice in doctors to begin with, are “forcing” their own preachy choices on the patient. But are they?

When a family doctor sets up a shingle in a small town, people’s access to health care improves in real terms. But now suppose that the doctor refuses to prescribe birth control or perform elective abortions. Has the doctor actually “forced” anything on anyone? His or her values? His or her services?

In virtually all routine situations, no. The people in the town are certainly no worse off than they were before the doctor arrived. The doctor’s existence provides some benefits, but perhaps not all the benefits they’d want. Demand that the doctor violate his or her conscience or else find another profession, and you might well end up with no nearby doctor at all. The same goes for a hypothetical “pro-life” pharmacy.

Yes, people in that situation lack access to things they want and need, and are protected by law. But that’s the exact same situation they were in before the anti-abortion/anti-pill doctor set up shop.

So what’s the solution? Well, if we really care about access to birth control, if that’s really something we consider to be a moral value or even an assured, positive right, who has the responsibility to supply it? Does that responsibility fall almost entirely on the doctor who thinks it’s immoral, just because he happens to be the most local? Or does it fall on all the people who think it’s a basic right? If you answered the former, I have to admit that I’m simply flabbergasted.

The situation here is a little like the often confused outrage at “scalpers” who, during a disaster, offer things like water bottles for sale at ridiculously inflated prices. These people are routinely condemned as greedy, and they certainly are. But somehow it never occurs to all these outraged moralists that, if people in a disaster have some sort of positive right to receive water (free or cheaply), that this right cannot possibly be a burden and a responsibility that falls on some people more than others. At least the scalpers are offering water for sale at all. Rarely have any of the outraged people rushed over to offer even a drop of their own water, at any price. If the scalpers are as greedy as their inflated prices, then the moralists shaking their heads are themselves infinitely greedier.

Blaming the scalpers for a lack of available water, or blaming pro-life doctors for lack of available abortion services and birth control, is, in the end, nothing more than crude scapegoating. It takes the focus, rather conveniently I might add, off of the collective failure for which the moralists themselves are implicated.

And the further irony is that the moralists’ proposed solutions often wouldn’t really help anyone overall. Scalping only works when there is an extremely limited water supply: i.e. there’s too little water to go around in the first place. If scalpers simply gave away all their supplies for free, there would still be too little water: in fact, in the end, there would be exactly the same number of people with and without water. All that would be different is the method by which these people would be chosen (and the usual alternative, first come=first serve, is arguably no more “fair” than rationing the supply by price, which at least has some built in mechanism for assessing people’s relative need for the water).

Likewise, if anti-abortion/anti-pill physicians and pharmacies left the business, as their foes seem to suggest they should, there would still be the same shortage of medical care and lack of access to birth control that we started with.

From where I sit, that makes this issue look a heck of a lot more like an act of partisan revenge than a sound policy or pro-patient principle.

If They Don’t Want to Do What (I Say) the Job Entails, They Should Find Another Job!

This second principle, uttered as if it were an obvious truism, is in fact an utterly bizarre essentialism. Obviously, if we are talking about an employer defining what “the job entails” and finding someone wanting, there’s no problem. But this isn’t the sense in which some people mean “the job.” They mean it in a more cosmic sense: turning mere convention into Platonic form.

Who says that the role of being an ob/gyn, a family doc, or a pharmacist must involve prescribing or dispensing contraceptives? What defines that role such that it’s supposedly essential to this or that specialty? Is this some sort of immutable law of the universe? No. To the extent that they are set and regulated at all, the required roles of various professions (and the permitted variations) are set by committee or political process, not fate. And those debates have to deal with the very political and ethical questions we’re already considering.

Thus, asserting that elective birth control must be part of the role of certain doctors is little more than a begged question. If you regard a fetus or even a fertilized embryo to be a being with moral rights, then harming it without dire need would not legitimately be part of the role of any physician. Reject that idea, and it’s a legitimate part of reproductive health and choice. I certainly have my opinions, but I also have a respect for the importance of social pluralism. And we cannot simply presume anyone’s opinion from the get go when determining what medical ethics demand or deny.

A more reasonable question is: can anti-abortion doctors be reasonably accommodated into our medical system with their existence causing serious additional harm to anyone? I think the answer is yes.

My opponents disagree. They imagine Jehovah’s Witnesses as ER docs who then refuse to transfuse blood to car accident victims. But these examples are absurd. No one would hire such a doctor to such a position in the first place, and if one did, it’s unlikely it could be licensed to accept emergency patients (who are often in a very different situation than a person seeking a physician or going to a pharmacy). On the other hand, plenty of people in the United States not only would have no problem with seeing an anti-abortion ob/gyn, but would favor going to one. Is denying the possibility of this choice even in keeping with the respect for autonomy that underlies pro-choice politics in the first place? I think not.

The early pioneers of reproductive choice knew that making it a reality meant actually physically and financially getting doctors and products out to women everywhere. If choice is a positive right and not just a negative one (i.e. not merely something that the government cannot ban, but something that must actively be ensured, presumably by society itself) then it’s going to take a tall order of money, time, and resources to supply it. Butting heads with anti-abortion doctors and pharmacists, or demanding they conform or go out of business, isn’t even remotely the same thing.


Double Standard for SWAT Shootings: Police Need to Address It, Not Just Deny It

August 14, 2008

I’m not sure I approve of the choice of examples, but the basic point made by Stephen Littau in this post is worth making: there’s a huge double standard when it comes to the actions of police officers and ordinary citizens that honest members of law enforcement need to seriously address and explain.

When an officer in the midst of a SWAT-style “dynamic entry” points a gun at an unarmed woman holding a baby and pulls the trigger, killing her, the fear and confusion of the situation alleviate all legal and moral culpability. In fact, they would only face 8 months in jail even if they were to be found culpable. Likewise if an officer fires through a door and hits civilians: it’s okay. Stuff just gets hairy on the job like that.

But when a citizen fires a gun at what they think is an assailant through a door, they not only face the death penalty, but often get it.

It’s true, of course, that every situation is different. Oftentimes the officers are noble people, and the civilians in question are not. But there is an undeniable overall pattern in which the very same mitigating factors are cited to completely exonerate officers in the line of duty, but yet are denied any role at all in the treatment of civilians.

Officers can’t have it both ways: the whole point of their “shock & awe” SWAT warrants is supposedly to surprise people (many of whom are sleeping and never hear the muffled cry of “police” through their walls and closed doors). The inevitable and predictable result is chaos and confusion. The police cannot deliberately and thoughtfully create such a situation and then claim that the chaos justifies anything they (trained professionals) happen to do. And they certainly cannot claim that excuse for themselves, but then at the same time maintain that ordinary citizens who often have no idea what’s going on are fully responsible for everything they do.


“Loss of Faith” Headline at CNN misleading

August 8, 2008

Amphiboly is a pretty common problem for newspaper headlines, and given the way in which people form psychological impressions, misleading first interpretations can often color people’s attitudes even after they’ve figured out the correct one. You’d think that headline scribes would be a bit more careful.

Not here: CNN has a headline that reads: “Mega-preacher’s wife sued over loss of faith” The way I immediately read this was that the preacher’s wife had lost her faith, and was perhaps being sued based on various production and marketing contracts that relied on an honest profession of belief.

But, nope, it’s much crazier: the wife of our old pal Osteen apparently elbowed a flight attendant on a plane, and the woman is suing, claiming that, amongst other things, the errant elbow made her lose her faith. And, apparently, that the shove also gave her hemorrhoids.

I’m not sure which is less plausible. Can you really sue for loss of faith? If so, who would I sue?


Defending Obama’s “Faith-Based” Funding Changes: Special Rules for the Religious?

July 7, 2008

I’m by and large indifferent to Obama’s promised expansion of “faith-based” funding, which like most government programs that target certain groups, is likely to boil down to patronage, just as it did in the Bush administration. Maybe he’ll do better, enforce some actual standards of quality and non-partisanship. In fact, given the outright disdainful incompetent way many of these programs have been run, it’s hard to imagine how anyone could do as badly. But politics has a certain gravity, not unlike economic markets, that quickly washes away one’s original intentions when it comes time to make policy. I can’t really celebrate or decry Obama on this stuff.

There are, however, some broader important church/state principles here, and a lot of people making arguments that I just don’t think hold water.

Most prominently, there’s the religious folks who are horrified that Obama is suggesting that they might have to play by the same rules as everyone else who receives government grants. The NYTimes calls it the “six little words” that threaten to throw a wrench into his overture to religious groups

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Blog Shorts: Bush Smears Jefferson, Colson Smears Atheists, Cthulhu Smears Your Entrails Across Campaign Trail

July 5, 2008

The web is a wondrous place, isn’t it? From just the last week:

Ed Brayton and Timothy Sandefur catch George Bush “honoring” Thomas Jefferson by altering his actual words to avoid any hint of anti-religious opinions.

From the “Theists Are Far Ruder to Atheists than Atheists Could Be in Return” File comes Chuck Colson, the convicted felon who thinks he’s better than you. Hemant at the Friendly Atheist is having none of it. Hemant’s also not buying the idea that requiring students to actually act out Islamic prayers is a legitimate way to teach them about world religions, even if the teacher is a Christian.

Over at Catholic and Enjoying It, Mark Shea manages to be more far more outraged about a story in which Muslims are supposedly outraged by a puppy than anyone in the story is actually outraged. But he makes up for it by his hearty endorsement of Cthulhu’s 2008 run for the White House. No More Years!

And finally, Orac over at Respectful Insolence bemoans yet another loss to the forces of woo: apparently some states, with Vermont the most prominant amongst them, are starting to require insurance companies to pay for the “evidence-free medicine” of naturopathy. Lest you think that such errant nonsense couldn’t possibly hurt you, Orac points out that it’s a move that will kick you right in the pocketbook:

I don’t know about you, but if I were paying into an insurance plan, and the company administering that plan were wasting money paying for woo, I’d be mightily pissed. This can only serve to drive up the costs for everyone, as patients with non-self-limiting diseases pursue non-science-based modalities, think they feel better for a while, and then find that their disease is progressing, at which point they seek out science-based medical care–which their insurance companies will have to pay for, too.


Obama Against “Mental” Exceptions to Late-Term Abortion Bans

July 4, 2008

Obama’s stance on abortion is pretty much in the mainstream of the Democratic Party, but with one critical difference when it comes to late-term abortions (i.e. abortions post fetal viability). And, luckily, for him, it’s precisely the exception I would make. Obama doesn’t think that “mental distress” should qualify as an exception to bans on late term abortions. This position puts him at odds with pro-abortion rights groups and members of his own party.

Still, I think it’s the right one. Anti-abortion groups have a legitimate fear that sufficiently vague “mental” health exceptions could undermine the point of the ban entirely: any person can develop “tremendous emotional toll” even from a normal pregnancy. But that really doesn’t fall under the same situation as health exceptions in general, and in practice, this exception can basically serve as an end-run around the ban. Groups like NARAL, of course, paint things differently:

The official position of NARAL Pro-Choice America, the abortion rights group that endorsed Obama in May, states: “A health exception must also account for the mental health problems that may occur in pregnancy. Severe fetal anomalies, for example, can exact a tremendous emotional toll on a pregnant woman and her family.”

This is yet another situation in which I wish people on both sides of the abortion divide would just express what they actually mean: what specific conditions is NARAL talking about? Conditions like anencephaly, where the brain essentially has not formed properly, and the baby has no higher brain function and no chance of survival beyond a few weeks? (I’m in favor of allowing abortion in such cases) Or does it mean Down’s Syndrome, a missing arm, or a partially malformed gut? All of the latter could be called “severe anomalies,” but such babies are essentially normal in terms of their capacity to feel and suffer. (I’m against abortion in such cases) The details matter.

In any case, while he’s sure to take fire from liberals on this, Obama has about as much chance of getting any honest credit for his stance as the New York Mets do of winning the Superbowl. Anti-abortion groups are, of course, having none of it:

David N. O’Steen, the executive director of National Right to Life, said Obama’s remarks to the magazine “are either quite disingenuous or they reflect that Obama does not know what he is talking about.”

“You cannot believe that abortion should not be allowed for mental health reasons and support Roe v Wade,” O’Steen said.

O’Steen is technically right here: a companion case to Roe was Doe v. Bolton, which defined “health” exceptions very broadly, including considerations of “emotional, psychological, familial” factors. But O’Steen is still essentially dissembling: the definition, while broad, is also vague enough that someone like Obama could reasonably believe that those other factors could almost never, on their own, justify an exception.

O’Steen, of course, has no reason to be charitable and honest in how he portrays Obama. Even if Obama really is closer to his own stance on this issue (which he already has a decent reason to doubt), Obama’s party taking power in the White House is far far more important to his chosen issue (outlawing abortion) than giving him credit for a minor agreement and risking rank-n-file anti-abortion voters potentially seeing Obama more favorably.


More Journalists Have Been Waterboarded Than Have Terrorists

July 3, 2008

I’m a staunch anti-torture guy. The recent revelation that our government decided to literally copy the very same torture techniques used on our own soldiers in the Korean War (from a document discussing how the techniques were used to elicit false confessions, no less) is vile and embarrassing.

But I have to admit, despite what an incredibly pompous jerk Freddy Gray is while pointing it out, and as much as I disagree with his ultimate purpose of belittling the issue of torture, there is something sort of amusing and surreal about the fact that the number of journalists who have subjected themselves to waterboarding is probably now higher than the number of terrorists the U.S. used the actually technique on.

Still, forming a satirical group called “Stop Journalists From Waterboarding Themselves” is a bit much.


Warrantless Cell Phone Stalking: Can the Government Use Your Phone’s GPS?

July 3, 2008

Now here’s a really disquieting thought: virtually all new cell phones sold today have some form of passive GPS system (even if the phone itself doesn’t have features that use it). The ostensible purpose is for use in emergencies and 911, but information is information. And the result is that the government, at any time, without your knowledge, and apparently without a court order, can track your location via your phone: put a virtual tail on you.

You’d think that if the government felt it had the right to do this, it would at least inform the public of its new power. But despite ongoing suits by the ACLU and the EFF the government is still mum as to whether it’s done it… even though the documents uncovered so far suggest that they have.

But… I’m honestly not sure how I feel about this.

Kevin Drum discusses the issue here and here, and makes some good points. But he treats the idea that the government needs a court order to track people as obvious. I’m not so sure.

I do think Americans should have some expectation of privacy in their lives, and by and large, when the government wants to target them for any form of surveillance without their knowledge, a court should be involved.

I also think the legal issues over privacy are deeply muddled. The usual legal language used in this area is a “reasonable expectation of privacy.” But courts rarely mean that literally. There are many cases in which defendants pretty clearly did expect and fully believed that their was conduct was private, which should have made things an open and shut case. But often what courts really mean is “whatever reasonable expectation of privacy one might have if they researched the subject in depth.” On that score, the fact that most people don’t know that the government can use cell phone GPS’s to track them, and many don’t even know that their phones have GPS in the first place, will likely not count as a legitimate defense.

On the other hand, the information in question is collected by a private company, and all cell phone users implicitly agree to it in their service contracts. We might complain that no one really reads those darn things… but whose fault is that?

Once that information is collected, it’s no longer really the property of individual users, and if the cell phone companies want to create a database that keeps tabs on the location of every single one of their users over time… well, then can. And if they choose to hand this information over to the police…

The real problem here is that people are living in a world where technology is quickly changing what’s possible, but with very little re-examination of how that might alter the way we live, and what we demand from service providers and in terms of government legislation. And it’s probably going to take some scandals and crises before anything changes, and we as a society confront these sorts of issues head on.


Obama’s Faith Based Mistake

July 1, 2008

An Obama presidency, apparently, will mean more “faith-based” programs funded by the government. Starting life as Bill Clinton’s “Charitable Choice” and then becoming yet another a clumsy partisan bludgeon in the Bush administration under the name of his “faith-based initiatives,” the drive to drive more government money into the hands of religious groups has always had a questionable track record. Religious groups themselves have been wary of government strings attached, and a whole lot of questionable programs with dubious efficacy have ended up with oodles of handouts (and the payouts have often been suspiciously partisan).

So color me somewhat skeptical that an Obama-run version is going to be any better. I’m mostly with Barry Lynn: shut the program down entirely. Go back to simply funding non-profits to provide services, and let churches figure out how to organize as non-profit charities, including all the same regulations and responsibilities, if they want any moola. Let the rules be the same for everyone, instead of trying to give religious groups special treatment.

On the other hand, Obama does get the above issue mostly right where Bush got it wrong:

And while Bush supports allowing all religious groups to make any employment decisions based on faith, Obama proposes allowing religious institutions to hire and fire based on religion only in the non-taxpayer-funded portions of their activities — consistent with current federal, state and local laws. “That makes perfect sense,” he said.

It does. The issue is simple: when the government contracts out some service to a private organization, what they’re paying for is the service, not the promotion of someone else’s ideology. For many religious organizations, this is potentially a problem: they don’t want the taking of some government money to force them to change all of their programs and services and ideals. The solution is simply to keep a separate set of books: to separate out the charitable service from the religious part.

Catholic charities have, in fact, functioned like this for decades, mostly without any problems at all. The modern Catholic attitude here has always been the most laudable: help people first. Not as a means promote their religion, but because their religion calls us to do it. And if people are inspired by that, want to understand what would motivate such charity, well great.

Unfortunately, too many evangelical organizations basically see the promotion of their ideology itself as the primary act of charity in many of these endeavors. Sure, we’d like to get you off drugs. But it’s getting you hooked on Jesus that will really help you. And that’s where we run into problems… and get lame whining like this:

That’s because telling a small organization to keep employees hired with federal funds separate from others “is unmanageable — and besides those folks want to hire people who share their vision and mission,” Towey said.

Sorry, but that’s just pathetic. If you care more about your own vision and ideology than providing the charity or service you’re supposed to be providing, that’s fine. But in that case, you don’t have the right to expect other taxpayers’ money to pay for your proselytizing, or to get a gay taxpayer’s money for your program only to turn around and discriminate against the person who’s unwillingly paying for it.


Medved Can’t Stand Up to Rauch On Gay Marriage

June 30, 2008

I’ve made no secret that I’m a big fan of libertarian Jonathan Rauch. His book “The Kindly Inquisitors” is one of the best defenses of free speech and free inquiry in the modern era. And he made what is probably the best conservative case for gay marriage in his 2004 book, “Gay Marriage: Why it is Good for Gays, Good for Straights, and Good for America.” Most recently, he had an essay published in the Wall Street Journal, recounting that latter argument in brief: “Gay Marriage is Good for America

Well, talk-show roustabout Michael Medved isn’t impressed by Rauch’s argument. But, as you’d expect from a fellow of the Discovery Institute, bad ideas ensue.

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