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Thomas Sowell: Affirmative Action and Gay Marriage
National Review Online ^ | November 4, 2008 | Thomas Sowell

Posted on 11/04/2008 11:39:50 AM PST by NutCrackerBoy

The politically clever way to get special privileges is to call them “rights” — especially “equal rights.”

Some local election campaigns in various states are using that tactic this year, trying to get special privileges through affirmative-action quotas or through demands that the definition of marriage be changed to suit homosexuals.

Equality of rights does not mean equality of results. I can have all the equal treatment in the world on a golf course and I will not finish within shouting distance of Tiger Woods.

When arbitrary numerical “goals” or “quotas” under affirmative action are not met, the burden of proof is put on the employer to prove that he did not discriminate against minorities or women. No burden of proof whatever is put on the advocates of “goals” or “quotas” to show that people would be equally represented in jobs, colleges, or anywhere else in the absence of discrimination.

Tons of evidence from countries around the world, and over centuries of history, show that statistical disparities are the rule, not the exception — even in situations where discrimination is virtually impossible.

Anonymously graded tests do not show the same results from one group to another. In many countries there are minorities who completely outperform members of the majority population, whether in education, in the economy, or in sports — even when there is no way that they can discriminate against the majority.

Putting the burden of proof on everybody except yourself is a slick political ploy. The time is long overdue for the voting public to see through it.

Another fraud on the ballot this year is gay “marriage.”

Marriage has existed for centuries and, until recent times, it has always meant a union between a man and a woman. Over those centuries, a vast array of laws has grown up, all based on circumstances that arise in unions between a man and a woman.

Justice Oliver Wendell Holmes said that law has not been based on logic but on experience. To apply a mountain of laws based specifically on experience with relations between a man and a woman to a different relationship where sex differences are not involved would be like applying the rules of baseball to football.

The argument that current marriage laws “discriminate” against homosexuals confuses discrimination against people with making distinctions among different kinds of behavior.

All laws distinguish among different kinds of behavior. What other purpose does law have?

While people may be treated the same, all their behaviors are not. Laws that forbid bicycles from being ridden on freeways obviously have a different effect on people who have bicycles but no cars.

But this is not discrimination against a person. The cyclist who gets into a car is just as free to drive on the freeway as anybody else.

The question is not whether gays should be permitted to marry. Many gays have already married people of the opposite sex. Conversely, heterosexuals who might want to marry someone of the same sex in order to make some point will be forbidden to do so, just as gays are.

The real issue is whether marriage should be redefined — and, if for gays, why not for polygamists? Why not for pedophiles?

Despite heavy television advertising in California for “gay marriage,” showing blacks being set upon by police dogs during civil-rights marches, and implying that homosexuals face the same discrimination today, the analogy is completely false.

Blacks had to sit in the back of the bus because they were black. They were doing exactly what white people were doing — riding a bus. That is what made it racial discrimination.

Marriage is not a right but a set of legal obligations imposed because the government has a vested interest in unions that, among other things, have the potential to produce children, which is to say, the future population of the nation.

Gays were on their strongest ground when they said that what they did was nobody else's business. Now they are asserting a right to other people's approval, which is wholly different.

None of us has a right to other people's approval.

— Thomas Sowell is a senior fellow at the Hoover Institution.

© 2008 CREATORS SYNDICATE, INC.


TOPICS: Editorial; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: marriage; sowell; thomassowell
Excellent! I don't recall any similar column by Sowell.
1 posted on 11/04/2008 11:39:53 AM PST by NutCrackerBoy
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To: NutCrackerBoy

Indeed. A very good analysis.


2 posted on 11/04/2008 11:53:57 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: NutCrackerBoy

Sowell is absolutely right.


3 posted on 11/04/2008 12:00:21 PM PST by Leftism is Mentally Deranged (liberalism = serious mental deficiency)
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To: NutCrackerBoy; jazusamo

New Sowell for the ping list, J.

Haven’t heard TS talk about this issue before. He nails it as he does everything else.


4 posted on 11/04/2008 12:08:58 PM PST by According2RecentPollsAirIsGood
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To: NutCrackerBoy
Great column, and that's coming from someone who has wondered why prominent Black conservatives tend to be economists rather than religionists.

The thing is, as similar in one way as affirmative action and "gay rights" are, they are still somewhat of an unusual partnership. Whatever their current theological orientation (and I'm certainly critical of it), Black Americans have been Fundamentalist Protestants historically (though they may merely be unitarian universalists with a Fundamentalist Baptist preaching style by now) and Blacks have had an absolutely unique experience in America that no other group has had. If affirmative action were applied only to Blacks to make up for this unique history of slavery and jim crow it would be understandable. But now "affirmative action" automatically applies to every non-straight white chr*stian male regardless of his background, history, or experiences--and Black political activists have gone along with this.

5 posted on 11/04/2008 12:41:32 PM PST by Zionist Conspirator (Vehe'min beHaShem; vayachsheveha lo tzedaqah.)
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To: According2RecentPollsAirIsGood; NutCrackerBoy; AbeKrieger; abigail2; Alia; Amalie; ...
Excellent column...Thanks for the ping, A2RP.

*PING*
Thomas Sowell

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Please FReepmail me if you would like to be added to, or removed from, the Thomas Sowell ping list…

6 posted on 11/04/2008 12:44:25 PM PST by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: Zionist Conspirator
Now "affirmative action" automatically applies to every non-straight white chr*stian male regardless of his background, history, or experiences--and Black political activists have gone along with this.

Leaders who advocate personal responsibility in any form are UN-INVITED to speak in forums about black experience. The elite leadership attempts to destroy them.

7 posted on 11/04/2008 12:52:00 PM PST by NutCrackerBoy
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To: NutCrackerBoy
Sowell is always clear, logical, and gets right to the point. Reading his columns is like peering into a cold mountain stream to the colorful, well-worn rocks on the bottom. It doesn't get any better than this.

Congressman Billybob

Latest article, "Smoke and Mirrors," the Anderson Analysis

The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.

8 posted on 11/04/2008 1:20:03 PM PST by Congressman Billybob (My 8th book, just published. Visit here: www.AmericasOwnersManual.com)
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To: Congressman Billybob
Reading his columns is like peeing into a cold mountain stream to the colorful, well-worn rocks on the bottom. It doesn't get any better than this.

Yes, that sure is a great feeling, CB. Oh, did I miss something?

9 posted on 11/04/2008 3:05:29 PM PST by NutCrackerBoy
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