Category Archives: Law and Politics

Law and Politics

#220: The Right to Repair

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This is mark Joseph “young” blog entry #220, on the subject of The Right to Repair.

When I was considerably younger, I did a small amount of electronics troubleshooting and repair.  My father was an electronics engineer who encouraged and assisted this, and my focus was primarily on audio equipment used by my band.  Back then you could buy components through RadioShack® and its sister catalog company Allied Electronics®, and through Lafeyette Electronics® and probably several other outlets.  Sometimes we ordered replacement parts directly from manufacturers, among whom Ampeg® deserves special mention for its support.

Nowadays modern electronics have gotten away from me.  I’ve got a rough understanding of transistors, and read an early book explaining integrated circuts, but microminiaturization is too difficult for my weak eyes and clumsy hands, and “negative feedback bass boost” and “RCL circuit” are more vague concepts in the back of my mind than real knowledge.  I have enough trouble wiring footswitches and jacks for my own home-designed equipment.  Computers and cellular phones are beyond me, and I almost always take them to professionals for work.  However, I usually take them to local professionals, not manufacturer repair services.  They’re cheaper, and I tend more to trust that they’re not going to try to sell me something I don’t need.

The problem faced by many of these repair services is that some manufacturers (the list starts with “A”) won’t provide what they need to make repairs–information such as schematics and programming data, parts, repair instructions.  Home handymen like me can’t get these, either.  The manufacturer doesn’t want you to be able to repair your device.  It wants you to have to pay it inflated rates to repair it, or replace it with a new device it is ready to sell you.  Thus for even so simple a problem as a cracked screen, the company is not going to sell you a replacement screen nor provide you the installation instructions for it.  You either buy a new device or pay them to fix the old one.

The State of New Jersey thinks this shouldn’t be permitted.  The legislature is reportedly considering a bill, the Fair Repair Act, which will require manufacturers to make parts and information available for independent and home repairs of electronic devices.  As one who has benefited from the availability of such technology in the past, and who utilizes the services of independent repair outlets, I much favor this bill, and encourage you to support it if you live in New Jersey.

Even if you don’t, this will be significant.  If companies are required to make this kind of support available in New Jersey, with today’s international market it effectively becomes available worldwide.  It will also be a boost to small businesses, as it becomes possible for them to repair electronic devices previously clouded behind company secrets.

It won’t be a complete revelation of everything.  Manufacturers will try to stop the bill, claiming that it will require them to reveal trade secrets.  However, New Jersey has a legislatively defined meaning of “trade secret”, and anything that falls within its parameters will be protected under the law.  What won’t be protected is the arbitrary creation of monopolies on repairs and replacement parts for cell phones and similar consumer electronics, and it’s past time to do it.

Bible and Theology, Books by the Author, Elections, Games, Law and Politics, Logic and Reasoning, Music, Temporal Anomalies/Time Travel, Time Travel Movies

#219: A 2017 Retrospective

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This is mark Joseph “young” blog entry #219, on the subject of A 2017 Retrospective.

A year ago, plus a couple days, on the last day of 2016 we posted web log post #150:  2016 Retrospective.  We are a couple days into the new year but have not yet posted anything new this year, so we’ll take a look at what was posted in 2017.

Beginning “off-site”, there was a lot at the Christian Gamers Guild, as the Faith and Gaming series ran the rest of its articles.  I also launched two new monthly series there in the last month of the year, with introductory articles Faith in Play #1:  Reintroduction, continuing the theme of the Faith and Gaming series, and RPG-ology #1:  Near Redundancy, reviving some of the lost work and adding more to the Game Ideas Unlimited series of decades back.  In addition to the Faith and Gaming materials, the webmaster republished two articles from early editions of The Way, the Truth, and the Dice, the first Magic:  Essential to Faith, Essential to Fantasy from the magic symposium, and the second Real and Imaginary Violence, about the objection that role playing games might be too violent.  I also contributed a new article at the beginning of the year, A Christian Game, providing rules for a game-like activity using scripture.  Near the end of the year–the end of November, actually–I posted a review of all the articles from eighteen months there, as Overview of the Articles on the New Christian Gamers Guild Website.

That’s apart from the Chaplain’s Bible Study posts, where we finished the three Johannine epistles and Jude and have gotten about a third of the way through Revelation.  There have also been Musings posts on the weekends.

Over at Goodreads I’ve reviewed quite a few books.

Turning to the mark Joseph “young” web log, we began the year with #151:  A Musician’s Resume, giving my experience and credentials as a Christian musician.  That subject was addressed from a different direction in #163:  So You Want to Be a Christian Musician, from the advice I received from successful Christian musicians, with my own feeling about it.  Music was also the subject of #181:  Anatomy of a Songwriting Collaboration, the steps involved in creating the song Even You, with link to the recording.

We turned our New Year’s attention to the keeping of resolutions with a bit of practical advice in #152:  Breaking a Habit, my father’s techniques for quitting smoking more broadly applied.

A few of the practical ones related to driving, including #154:  The Danger of Cruise Control, presenting the hazard involved in the device and how to manage it, #155:  Driving on Ice and Snow, advice on how to do it, and #204:  When the Brakes Fail, suggesting ways to address the highly unlikely but cinematically popular problem of the brakes failing and the accelerator sticking.

In an odd esoteric turn, we discussed #153:  What Are Ghosts?, considering the possible explanations for the observed phenomena.  Unrelated, #184:  Remembering Adam Keller, gave recollections on the death of a friend.  Also not falling conveniently into a usual category, #193:  Yelling:  An Introspection, reflected on the internal impact of being the target of yelling.

Our Law and Politics articles considered several Supreme Court cases, beginning with a preliminary look at #156:  A New Slant on Offensive Trademarks, the trademark case brought by Asian rock band The Slants and how it potentially impacts trademark law.  The resolution of this case was also covered in #194:  Slanting in Favor of Free Speech, reporting the favorable outcome of The Slant’s trademark dispute, plus the Packingham case regarding laws preventing sex offenders from accessing social networking sites.

Other court cases included #158:  Show Me Religious Freedom, examining the Trinity Lutheran Church v. Pauley case in which a church school wanted to receive the benefits of a tire recycling playground resurfacing program; this was resolved and covered in #196:  A Church and State Playground, followup on the Trinity Lutheran playground paving case.  #190:  Praise for a Ginsberg Equal Protection Opinion, admires the decision in the immigration and citizenship case Morales-Santana.

We also addressed political issues with #171:  The President (of the Seventh Day Baptist Convention), noting that political terms of office are not eternal; #172:  Why Not Democracy?, a consideration of the disadvantages of a more democratic system; #175:  Climate Change Skepticism, about a middle ground between climate change extremism and climate change denial; #176:  Not Paying for Health Care, about socialized medicine costs and complications; #179:  Right to Choose, responding to the criticism that a male white Congressman should not have the right to take away the right of a female black teenager to choose Planned Parenthood as a free provider of her contraceptive services, and that aspect of taking away someone’s right to choose as applied to the unborn.

We presumed to make a suggestion #159:  To Compassion International, recommending a means for the charitable organization to continue delivering aid to impoverished children in India in the face of new legal obstacles.  We also had some words for PETA in #162:  Furry Thinking, as PETA criticized Games Workshop for putting plastic fur on its miniatures and we discuss the fundamental concepts behind human treatment of animals.

We also talked about discrimination, including discriminatory awards programs #166:  A Ghetto of Our Own, awards targeted to the best of a particular racial group, based on similar awards for Christian musicians; #207:  The Gender Identity Trap, observing that the notion that someone is a different gender on the inside than his or her sex on the outside is confusing cultural expectations with reality, and #212:  Gender Subjectivity, continuing that discussion with consideration of how someone can know that they feel like somthing they have never been.  #217:  The Sexual Harassment Scandal, addressed the recent explosion of sexual harassment allegations.

We covered the election in New Jersey with #210:  New Jersey 2017 Gubernatorial Election, giving an overview of the candidates in the race, #211:  New Jersey 2017 Ballot Questions, suggesting voting against both the library funding question and the environmental lock box question, and #214:  New Jersey 2017 Election Results, giving the general outcome in the major races for governor, state legislature, and public questions.

Related to elections, #213:  Political Fragmentation, looks at the Pew survey results on political typology.

We recalled a lesson in legislative decision-making with #182:  Emotionalism and Science, the story of Tris in flame-retardant infant clothing, and the warning against solutions that have not been considered for their other effects.  We further discussed #200:  Confederates, connecting what the Confederacy really stood for with modern issues; and #203:  Electoral College End Run, opposing the notion of bypassing the Constitutional means of selecting a President by having States pass laws assigning their Electoral Votes to the candidate who wins the national popular vote.

2017 also saw the publication of the entirety of the third Multiverser novel, For Better or Verse, along with a dozen web log posts looking behind the writing process, which are all indexed in that table of contents page.  There were also updated character papers for major and some supporting characters in the Multiverser Novel Support Pages section, and before the year ended we began releasing the fourth novel, serialized, Spy Verses, with the first of its behind-the-writings posts, #218:  Versers Resume, with individual sections for the first twenty-one chapters.

Our Bible and Theology posts included #160:  For All In Authority, discussing praying for our leaders, and protesting against them; #165:  Saints Alive, regarding statues of saints and prayers offered to them; #168:  Praying for You, my conditional offer to pray for others, in ministry or otherwise; #173:  Hospitalization Benefits, about those who prayed for my recovery; #177:  I Am Not Second, on putting ourselves last; #178:  Alive for a Reason, that we all have purpose as long as we are alive; #187:  Sacrificing Sola Fide, response to Walter Bjorck’s suggestion that it be eliminated for Christian unity; #192:  Updating the Bible’s Gender Language, in response to reactions to the Southern Baptist Convention’s promise to do so; #208:  Halloween, responding to a Facebook question regarding the Christian response to the holiday celebrations; #215:  What Forty-One Years of Marriage Really Means, reacting to Facebook applause for our anniversary with discussion of trust and forgiveness, contracts versus covenants; and #216:  Why Are You Here?, discussing the purpose of human existence.

We gave what was really advice for writers in #161:  Pseudovulgarity, about the words we don’t say and the words we say instead.

On the subject of games, I wrote about #167:  Cybergame Timing, a suggestion for improving some of those games we play on our cell phones and Facebook pages, and a loosely related post, #188:  Downward Upgrades, the problem of ever-burgeoning programs for smart phones.  I guested at a convention, and wrote of it in #189:  An AnimeNEXT 2017 Experience, reflecting on being a guest at the convention.  I consider probabilities to be a gaming issue, and so include here #195:  Probabilities in Dishwashing, calculating a problem based on cup colors.

I have promised to do more time travel; home situations have impeded my ability to watch movies not favored by my wife, but this is anticipated to change soon.  I did offer #185:  Notes on Time Travel in The Flash, considering time remnants and time wraiths in the superhero series; #199:  Time Travel Movies that Work, a brief list of time travel movies whose temporal problems are minimal; #201:  The Grandfather Paradox Solution, answering a Facebook question about what happens if a traveler accidentally causes the undoing of his own existence; and #206:  Temporal Thoughts on Colkatay Columbus, deciding that the movie in which Christopher Columbus reaches India in the twenty-first century is not a time travel film.

I launched a new set of forums, and announced them in #197:  Launching the mark Joseph “young” Forums, officially opening the forum section of the web site.  Unfortunately I announced them four days before landing in the hospital for the first of three summer hospitalizations–of the sixty-two days comprising July and August this year, I spent thirty-one of them in one or another of three hospitals, putting a serious dent in my writing time.  I have not yet managed to refocus on those forums, for which I blame my own post-surgical life complications and those of my wife, who also spent a significant stretch of time hospitalized and in post-hospitalization rehabilitation, and in extended recovery.  Again I express my gratitude for the prayers and other support of those who brought us through these difficulties, which are hopefully nearing an end.

Which is to say, I expect to offer you more in the coming year.  The fourth novel is already being posted, and a fifth Multiverser novel is being written in collaboration with a promising young author.  There are a few time travel movies available on Netflix, which I hope to be able to analyze soon.  There are a stack of intriguing Supreme Court cases for which I am trying to await the resolutions.  Your continued support as readers–and as Patreon and PayPal.me contributors–will bring these to realization.

Thank you.

Law and Politics

#217: The Sexual Harassment Scandal

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This is mark Joseph “young” blog entry #217, on the subject of The Sexual Harassment Scandal.

I have been, let’s say, peripherally aware of the burgeoning collection of male celebrities either accused of or confessing to inappropriate behavior toward women over the past, let’s estimate, half century.  In the back of my mind I felt like something needed to be said about this, but at the same time realized that almost anything I said would either be the same pablum everyone else is saying about these men, or would be viewed as chauvinistic villainy.  I do not think that the actions in question are in any sense “all right” or “defensible” or “excusable”.  However, I think they are understandable, and I think that our reactions are a bit over the top in many ways.

I happened upon the first episode of a very old television series, what I take to be a British spy drama from the 1960s very like similar shows of the time.  It featured a dashing hero on the order of John Steed or The Saint or James Bond, and of course one of the tropes–well, Star Trek:  Deep Space Nine fans will remember the episode Our Man Bashir, in which Doctor Julian Bashir is playing such a hero in such a story on the holodeck, and he famously uses the trope that all women will instantly fall for the hero if he smiles at them to obtain the key that gets him out of the shackles and back in action.  It was the daydream of boys and men everywhere to be that James Bond character, that dashing debonair spy whom women adore, who need say nothing more than, “Your place or mine?”

Of course, in reality no one was James Bond.  Well, maybe Sean Connery, and maybe Roger Moore, but in reality women were not falling into bed with every man who imagined himself irresistible to women.

On the other hand, it was the sixties.  It was the decade that coined the term “sexual revolution”.  I won’t say that sexual liasons of all kinds were not happening prior to that, but in the mid fifties that kind of thing was hidden, and at least disapproved by (possibly jealous) peers, while in the sixties we decided to be open about it and pretend it was normal and everyone was doing it.  I have already said that not everyone was doing it then, but a lot more people were, and at least partly because they were being told that everyone else was.  My parents–an earlier generation–were flirtatious at bridge parties and cocktail parties; it was how adults in the neighborhood interacted.  They were also completely shocked and flabbergasted when one of the men from the neighborhood ran off with one of the other women.  It was not expected; it was not done.

However, in the corridors of power–Hollywood, Washington, state capitals, New York–there was a lot more pressure to conform to the new world image, and a lot more men who thought they were irresistible, and a lot more women who believed them, feeding that egotism.

There was another layer of complication, though.  For generations there had been this dance, this untaught approach to courtship.  Women generally had to express their interest in men through body language–the right smile, the right eyes, the right posture, even the right blush and the right pupil dilation (the reason for a lot of makeup–eye shadow reduces glare on the eyes and so enhances pupil dilation, suggesting arousal)–and men had to recognize the interest and make a move.  That was still residually true in the sixties and beyond.  There is a joke in the movie Tootsie, in which the gorgeous girl Julie confides to elderly Dorothy Michaels that she just wishes the nonsense would go away and a guy would just walk up and say he found her attractive and would like to sleep with her, and then Dorothy Michaels transforms into her true self, Michael Dorsey, catches Julie at a party, and says exactly what she said she wanted the guy to say–and gets a drink in his face (or maybe slapped, it’s been a lot of years).  That was 1982, two decades after our supposed sexual revolution began, and it was still expected that a girl would keep silent about her interest and show signs by body language, and a guy would recognize the signs and make an approach.  Faint heart never won fair maiden was the old saying, so boldness was expected.

There’s another complication that gets everyone in trouble, and that is that it is not at all unusual for human bodies to want one thing while human minds want something completely different.  So you see a guy, and something inside you says, “That guy is hot.”  You answer.  You say to yourself that you’ve heard he’s a creep, he’s not your type, you’re in a relationship, this would be a very bad idea–but your body isn’t listening, it’s busy sending signals to that guy inviting him to make a move.  It is of course an unwelcome move–your mind will very quickly put him in his place, and leave him wondering how he so misread you.

Most of the men who have been accused come out of that generation.  They believe that women want to have sex with them because their positions of power and wealth have inflated their egos (not to mention having brought women out of the woodwork for whom that actually is an aphrodisiac), and they are looking for the signs.  Women, meanwhile, have learned to flirt a bit when they want something from a man–a job, a loan, a dinner invitation, a sales contract–and those smiles and friendly words are at least confusing.  So a man approaches a woman looking for something to happen, the woman inadvertently sends something that looks like a signal, the man moves in boldly, and we have a sexual Harassment claim.

And the world has changed.  I don’t know how it works now, but thankfully I’m too old and too long married to need to know any of that.  Some other system has fallen into place–but these men who grew up under the old system don’t know the new one, and they’ve been using the old one for so long and getting it wrong so often that they have a trail of sexual Harassment incidents in their wake.  What back in the sixties and seventies probably would have been written off as “that’s just the way it works” (I’m not saying it should have been, only that it was) is now completely unacceptable behavior and you should have known better despite the fact that there is no one to teach you the new rules.

A lot of what some of them did was beyond the boundaries always.  Bill Clinton certainly thought himself irresistible, but he also apparently raped a woman.  Sometimes the lines are clear; sometimes they are less so.

I’m not going to speak to any specific case, but it seems to me that a lot particularly of older men are being charged with acting in ways that were probably not thought inappropriate in the times and places in which they came of age.  We would like them to learn behavior we consider appropriate now, but to expect them to have known it retroactively over the decades is a bit much.  Probably more than half the men in the United States over the age of twelve have at some point or another acted toward a woman in a manner she considered inappropriate and harrassing.  We can’t really incarcerate all of us.

Elections, Law and Politics

#214: New Jersey 2017 Election Results

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This is mark Joseph “young” blog entry #214, on the subject of New Jersey 2017 Election Results.

The results are in, and there are perhaps no surprises, only disappointments.

We looked at the gubernatorial candidates last week.  Our new governor is Democrat Phil Murphy, former Golman Sachs investment banker and formerly National Finance Chair of the Democratic National Committee and United States Ambassador to Germany.  His running mate, Democratic Assemblywoman Sheila Oliver, is former Assembly Speaker.  The pair handily defeated Republicans Lieutenant Governor Kim Guadagno and Mayor Carlos Rendo, with 55% (1,065,706 votes) of the nearly two million votes cast, against 42% (811,446) for the Republicans.  New Jersey’s governor serves for four years, and can serve up to two consecutive terms.  Re-elections are perhaps the norm in the state, as everyone has heard the name of the governor.

The five third-party tickets each pulled less than one percent, with the leader, “Lower Property Taxes” party candidate former Long Hill Mayor Gina Genovese and running mate Derel Stroud leading with 9,830 votes, followed by Green Pastor Seth Kaper-Dale and Lisa Durden with 8,192, Libertarian Peter Rohrman and Karese Laguerre at 8,178, Constitution Party candidate Matt Riccardi with 5,614, and “We the People” candidates Vincent Ross and April Johnson with 4,252.

New Jersey voters almost always approve Public Questions, and did so again, with both the library bonds issue and the environmental lock box.

Looking at the State Senate, most but not all of the incumbents were re-elected.  In district 2, incumbent Democrat Colin Bell was defeated by Republican Chris Brown; in district 11, incumbent Republican Jennifer Beck was defeated by Democrat Vin Gopal.  Meanwhile, there were three districts in which incumbents did not run for re-election.  In district 13, previously held by Republican Joseph Kyrillos, Republican Declan O’Scanlon defeated Democrat Sean Byrnes.  In district 20, previously held by Democrat Raymond Lesniak, Democrat Joseph Cryan defeated Republican Ashraf Hanna.  There was a turnover in district 7, previously held by Republican Diane Allen, where Democrat Troy Singleton defeated Republican John Browne.

This increases the Democratic control of the State Senate by one seat (two votes), 25 to 15, but does not give them a “supermajority”.

Although as of this writing the two seats in district 8 are considered too close to call, it is clear that the Democrats have picked up at least two seats, at 54 (out of 80), while the Republicans are guaranteed at least 24.  Democrats in district 2 sent John Armato to replace Republican incumbent Chris Brown, who in turn defeated the Democratic incumbent to move to the Senate.  In district 13, where incumbent Declan O’Scanlon moved to the Senate, Republicans kept control of the seat with the election of Serena DiMaso.  Democrats picked up a seat in district 16, as Republican incumbent Jack Ciattarelli retired and was replaced by Democrat Roy Freiman.  Democrat Yvonne Lopez replaced her retiring Democratic colleague John Wisniewski in district 19.  In district 24, Republican Harold Wirths replaces his retiring Republican colleague Gail Phoebus.  Finally, in district 40 Republicans kept control of the seat, with Christopher DePhillips replacing a retiring David Russo.

In district 8, although it appears that incumbent Republican Joe Howarth has been re-elected (27,820 votes), and Republican Ryan Peters will probably replace his retiring Republican colleague Maria Rodriguez-Gregg (27,603 votes), Democratic candidates Joanne Schwartz (27,226) and Maryann Merlino (27,057) are close enough behind them that the race has not yet been officially decided.  If those results are certified, the Republicans will have 26 seats, a loss of 2 (4 votes) and less than a third of the Assembly, giving the Democrats a two-thirds supermajority in that house.

It is overall a dark day for Republicans, and a bright one for Democrats.

Bible and Theology, Law and Politics, Logic and Reasoning

#212: Gender Subjectivity

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This is mark Joseph “young” blog entry #212, on the subject of Gender Subjectivity.

I somewhat predictably got some responses challenging my thoughts in mark Joseph “young” web log entry #207:  The Gender Identity Trap.  (There were a few supportive ones as well, and they are certainly helpful also, but the challenging ones are under consideration here.)  One of them indicated–and I am paraphrasing the thought, so I hope I am correctly representing it–that I should be sensitive to the feelings of those who feel as if they are in the wrong body.  They would probably feel persecuted were I to tell them that they are wrong.

Indeed, it is important always to be sensitive to the feelings of others, as individuals.  I should, for example, be sensitive of the feelings of someone who believes himself to be, or to be the reincarnation of, Napoleon Bonaparte, or Abraham Lincoln, or Marie Antoinette.

Whoa, brother, that’s not the same thing.

I agree.  However, it is more the same than different.  After all, the primary difference is that most of us do not entertain the possibility that someone we meet might be the reincarnation of some famous person.  Even if we believe in reincarnation, the probability that any particular individual happens to be one of the very few historically significant persons from among the millions of ordinary commoners and peasants of any particular era is phenomenally against.  If we do not believe in reincarnation, then even that tiny fraction of possibility vanishes.  Similarly if we do not believe that it is possible for anyone to “be” the “wrong sex” for their “internal gender”, then the probability that any particular individual is so becomes zero.  A person might believe that he is trapped in the wrong body type, or that he is indeed Emperor General Bonaparte, and I should treat such an individual with the respect due any human being, but I do not need to believe that they are correct in that self-identification.

That, though, underscores another aspect of the problem which I carelessly overlooked in that previous article.  What is the basis for that self-identification?

I might taste something and declare that it has too much salt.  You, presumably, have tasted salt, and therefore you know what I mean.  Assuming you were in a position to taste the same food, you would be able to say whether you agreed with my assessment of excessive salinity.  There is a sense in which that is subjective:  you might like food that is particularly salty, or I might prefer food that is more bland.  However, there is an objective connection here:  we have both tasted salt, and so both know what salt tastes like in food.  Had either of us never tasted salt, the question, “Is this too salty?” would become meaningless.

In contrast, the person who claims to feel as if in the wrong gender body is making a subjective judgment without an objective basis.  What does it mean to say “I don’t feel like I am a man, I feel like I am a woman”?  It can only mean “I don’t feel like I imagine a man feels, I feel like I imagine a woman feels.”  If you were born a man, you have no experience being a woman.  How, then, can you possibly determine that you feel like something you have never felt?  It would be like saying that you think this food has too much saffron if you have never tasted saffron.  You’re guessing based on what someone told you.  You have no objective connection for what it is to be the opposite sex.

That means you get that notion entirely from–as observed in the previous article–cultural biases and expectations.  You say, “I do not have the feelings and interests which society tells me a person of my sex ought to have, and find that I am far better attuned to the feelings and interests which society tells me are those of the opposite sex, and therefore I am the wrong sex.”  The problem is not that you are the wrong sex for your gender.  The problem is that society is wrong in defining men and women according to its preferences and stereotypes.  “Oh, but I have always felt like I was the other sex.”  You can’t know that.  All you can know is that you’ve always felt as if society was telling you that you are not the kind of person society thinks a man (or a woman) should be, and that you think that you are more like the kind of person society has told you that a woman (or a man) should be.

What does it feel like to be a man, on the inside, or to be a woman, on the inside?  Every one of us is a combination of traits which we identify as masculine or feminine, and every one of those identifications is a societal bias.  You like to cook, which you think is a feminine trait–but many of the best cooks in the world are men.  You enjoy bow hunting, which you think is a masculine trait–but the Greeks reported the existence in their time of an entire army of female archers.  The only thing that makes any character trait masculine or feminine is the arbitrary opinion of present society.

In other words, if you feel like you’re the wrong gender for the sex of your body, the problem isn’t that you’re the wrong gender but that you’ve bought a lie about what it feels like to be what you are.  If you were born a man, you have always felt like you, and therefore always felt like a man–not like every man, certainly, because not every man feels the same, but like the one man that is you.  If you were born a woman, you likewise have never felt like a man, you have felt like that woman who is you.  We do not have the ability truly to know what others feel, what it feels like to be someone else.  We have role playing games through which we explore such things, but very rarely do we find ourselves getting more than a glimpse of the externals–what it feels like to be persecuted, what it feels like to be famous.  We never really experience what it feels like to be the opposite sex, any more than we ever really experience what it feels like to be a dog, or a tree, or a rock.  It is outside our experience entirely.  In roleplaying we only approach what it feels like to be treated by others as if we were someone or something else.  And since it is outside our experience, we cannot know that we feel like we are the wrong sex.

What you really feel is that society has rejected who you really are and made you wish you were not yourself.  Many of us have felt that way.  The answer is not to try to become someone else.  The answer is to become the best you you can be, live with that self, and push back against the pressures of a society that wants you to conform to their expectations.  Be the best male nurse, the best female pile driver, and tell the world, “I break the mold.  I am comfortable with who I am, even if you aren’t.”  Don’t let the world tell you that who you really are is wrong.  It is the world that is wrong.

Elections, Law and Politics, Logic and Reasoning

#213: Political Fragmentation

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This is mark Joseph “young” blog entry #213, on the subject of Political Fragmentation.

I have long been writing about political division, fragmentation, and polarization.  Quite a few years back I explained how our United States of America coalition government is created by people coming together into coalition-based parties, groups who do not agree entirely with each other but who agree to support each others’ important policies, and why the Republican dilemma (or the Democratic dilemma) is not solved by focusing on a single issue.  I’ve also written about the polarization developing as both parties are being more and more dominated by their extremists, and moderates no longer have a home anywhere.

Now I find a survey from the Pew Research Center which shows just how fragmented we are.  Well, I think that might be an exaggeration; I think we are probably more fragmented than the survey shows, but I’ll get to that.

You might want to begin by taking the quiz, a set of A/B choices (if memory serves, seventeen) on everything from immigration to taxation to social services by which they will place you in one of nine groups they have identified.  It will also, separately, place you on a rough scale from liberal to conservative.  I took it, and not surprisingly landed right of center (that is, the conservative direction) in the middle third.  However, the results apparently do not give us a bell curve.  As the attached image shows, the extreme groups, both conservative and liberal, are not only the largest within the general public, they are even more so the most active in politics.

I admit to not yet having read the full fourteen-page Pew Research Center article on its survey; I got through the first page and left the remainder for a time when I had more time.  You might find it easier, although less informative, to read the briefer article in the Detroit Free Press, although that is less about the groups and more about the fragmentation, the fact that were we to have the much-suggested second civil war most of us would be very uncertain on which side we should be fighting.  We just don’t have enough agreement on any specific issues.

That is perhaps why I think we are more fragmented than the survey analysis really shows.  My quiz results placed me in the category denoted “Country First Conservatives”, the smallest group on the chart but one which includes people ranging from barely left of center to fairly far to the right who have agreement on some issues.  What strikes me about this is I disagreed with the majority of people in this group on all questions of foreign policy (there were three) and government performance (there were two), and I would think those would be the defining issues of the group.  That is, were we to create a conservative party called “Country First”, we would expect that foreign policy would be at the top of its platform–but I would not support that platform, because I disagree with that policy.  That doesn’t mean that the analysis placing me in the moderately conservative group is wrong; it means that even these groups are more fragmented than the simplified results the survey demonstrates.

What it clearly does demonstrate is that “liberal” and “conservative” is not a simple scale but a generalization of scales on multiple issues, that both sides of the divide are built of people who really don’t agree on any one issue but work together toward similar goals, and that the people who are most active in politics, the large minorities on the extremes, seem very much unaware of the majority of more moderate people in the middle.

It also suggests that a moderate candidate on either side could probably defeat an extremist candidate on the other, simply because the people in the middle from both parties are more likely to identify with someone near the middle.

On the other hand there’s something to what Doc Brown said (paraphrasing):  when you can hold an entire television studio in the palm of your hand, it’s no wonder your President has to be an actor.  At least sometimes, style beats substance.

Elections, Law and Politics

#211: New Jersey 2017 Ballot Questions

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This is mark Joseph “young” blog entry #211, on the subject of New Jersey 2017 Ballot Questions.

New Jersey tends to be blase about our off-year elections–no President, no United States Senators, no United States Congressman, why bother going to the polls?  Yet as we noted this year the election is not insignificant.  Every State elected office is on the block, from our Governor and Lieutenant Governor to all forty of our State Senators to all eighty of our State Assemblymen.  Additionally, there are two ballot questions put forward, asking the voters to approve spending more money.

That’s certainly more than we can cover.  We have already examined the gubernatorial race, and promised to return to look at the ballot questions.  There are two:

  1. The Bonds for Public Libraries Measure;
  2. The Revenue from Environmental Damage Lawsuits Dedicated to Environmental Projects Amendment.
AppleMark

The Bonds for Public Libraries Measure has tremendous support; more than half the members of the State Assembly are listed as sponsors of the bill.  It passed both houses overwhelmingly, and was signed by Governor Christie.  However, the few objectors have some good points.

Approval of the question would allow the state to issue bonds in the total amount of one hundred twenty-five million dollars, the proceeds to be used as matching funds for projects within the state to build, equip, or expand public libraries.  Those grants would have to be matched by like amounts from local governments and/or private donations.  Despite the increasing use of the internet for many of those resources for which once libraries were the primary providers, the library system continues to be important and to update itself to modern needs.  It thus makes sense to continue to support our libraries.

On the other hand, New Jersey is already in the top five states for per capita expenditures on libraries; we have one of the best library systems in the country.  The words “issue bonds” really mean “borrow money at interest”, and would be committing the state to repay one hundred twenty-five million dollars plus interest over the years ahead.  It is worth asking whether there would be sufficient return on the investment.  That is, would we be getting our money’s worth?

I am inclined to think not, but I rarely use the libraries and do not have a card.  I also think that our county library is well funded and well equipped, and while I can imagine (but do not know) that there are urban areas in the state with underfunded libraries, the matching funds clause will make it at least challenging for these areas to take advantage of the benefits.  If we had the money, it might be money well spent, but to borrow money for that which is not a problem is looking to make a bad fiscal crisis worse.  It’s like the family that can’t keep up with the mortgage taking out a second mortgage to pay for a vacation.  We don’t really need this, and we probably can’t afford it.

The Revenue from Environmental Damage Lawsuits Dedicated to Environmental Projects Amendment is about creating a “lockbox” for certain state income.

If you remember the ballot questions last year, you may recall that the issue with the fuel tax question involved whether to “dedicate” that income to transportation matters.  That question of dedicating specific funds for specific purposes arises again in this question, and with a more solid basis.

New Jersey has held the lead in industrial waste and toxic waste sites over the decades.  Periodically the State sues offenders, and either in awards or settlements often collects millions of dollars.  Cases related to the pollution of the Passaic River brought three hundred fifty-five million dollars from defendants.

The State is in one sense like any other plaintiff.  If you’re injured in an automobile accident and win a substantial settlement in a lawsuit, we might think that this is going toward your long-term medical bills–but if you want to spend some of it on a new car, or a Jacuzzi®, or a vacation, it’s your money.  You might in the long term wish you’d saved it for medical care, but no one is going to force you to do that.

In the same way, once the State has won a lawsuit or obtained a settlement from one, it can do whatever it wants with the money.  We might think that the money from the Passaic River lawsuits would go to clean the Passaic River, or at least to meet other environmental needs in the area.  Some of it of course would pay the legal fees for the suit, but ultimately the reason for the money is the damage done to the environment, and so the money should repair that damage.  However, just like you, the State is not so constrained.  Of that three hundred fifty-five million dollars from the Passaic River damages, Governor Christie applied two hundred eighty-eight million to the general funds to balance the budget.  A substantial number of Democrats in the state legislature believe that that should not be allowed, although the Democratically-controled legislature did approve his budgets.

Approval of this question would pass a constitutional amendment which would restrict the use of such monies to environmental purposes.  It would allow up to ten percent of such income to be spent on related government agencies such as the Department of Environmental Protection, and would allow the legal costs of prosecuting such cases to come out of the funds, but the bulk of it would have to be spent on the environment, reclaiming damaged areas and protecting others.  Many think the amendment makes sense.

On the other hand, had such a restriction already been in place, we would have been looking at a two hundred eighty-eight million dollar budget shortfall.  That means either the State would have had to raise two hundred eighty-eight million more dollars through taxes or it would have had to cut a like amount in services, or some combination of the two.  The big ticket items in the New Jersey budget are education (about thirty percent) and Medicaid (almost twenty-five percent).  There is not a lot of fat in the budget to cut.

Further, while there is merit to the notion that money collected as legal damages for harm to the environment ought to go to environmental care and repair, there is also a significant question concerning the consequences of sequestering that money.  Damage to the environment almost always means secondary damage as well–damage to public health, damage to infrastructure, economic damage.  If my accident prevented me from finishing college, the damages I won in the law suit will, among other things, cover the fact that I was unable to finish college.  The damages from these environmental lawsuits ought to be available to pay for the injury inflicted to the State beyond the first level of harm, covering these other losses.  Sequestering the money in a “lock box” prevents the state from using it to meet needs that might well be consequential to the damage.

Desite the merit in the idea, I think it ultimately a bad choice.

Those are the questions on New Jersey’s ballot this year.

Elections, Law and Politics

#210: New Jersey 2017 Gubernatorial Election

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This is mark Joseph “young” blog entry #210, on the subject of New Jersey 2017 Gubernatorial Election.

New Jersey tends to be blase about our off-year elections–no President, no United States Senators, no United States Congressman, why bother going to the polls?  Yet this year the election is not insignificant.  Every elected State office is on the block, from our Governor and Lieutenant Governer to all forty of our State Senators to all eighty of our State Assemblymen.  Additionally, there are two ballot questions put forward, asking the voters to approve spending more money.

That’s certainly more than we can cover.  We’re going to limit our attentions to the state-wide issues–that is, the gubernatorial ticket and the Public Questions.  We begin with the governor’s race, and follow-up with the Public Questions in a future post.

New Jersey’s governor serves for four years, and can serve up to two consecutive terms.  Current Governor Chris Christie, considered by political pundits the most moderate Republican governor in office, is coming to the end of his second and thus is ineligible to run again.

His Lieutenant Governor, Kim Guadagno, heads the Republican ticket.

Guadagno has not been a rubber stamp for Christie.  She opposed the recent gasoline tax bill, which Christie supported, because she saw political maneuvering around it to increase state spending beyond what the bill promised to raise.  Among the leading campaign promises, she has a plan to at least cap if not reduce property taxes, by tying a ceiling on the education share of property taxes to household income and making up the difference in education costs from a state fund.  She also has plans to fix the state’s pension and health benefits programs, and talks of improving conditions for veterans.

Her running mate is Cuban-born Woodcliff Lake Mayor Carlos Rendo.

Rendo’s family fled Cuba, and he grew up in Union City, graduating from Emerson High School, with degrees from Rutgers University and Temple University.  His 2015 mayoral election is his earliest reported involvement in politics, but his degrees are in political science and government, and law.

Observers are expecting a strong victory for the Democratic slate, giving that party control of what they call the “trifecta”, both legislative houses and the executive.  The Democratic nominee is Phil Murphy.

Murphy’s political background includes being National Finance Chair of the Democratic National Committee and serving as Ambassador to Germany.  Otherwise most of his experience is in economics, primarily at investment banking firm Goldman Sachs.  His platform focuses on trying to bring innovation back to New Jersey–leader in invention from the time of Edison to the end of AT&T’s Bell Labs–and so improve the economy.  He speaks of increasing funding for education, but does not suggest whence this money will be obtained.

His running mate is New Jersey Assemblywoman, former Assembly Speaker, and one-time United States Senate candidate Sheila Oliver.

Oliver is strongly liberal, but has not been a popular candidate outside her district.

There are five other gubernatorial candidates in the state race.

The Libertarian party is supporting Peter Rohrman, with running mate Karese Laguerre.  Neither have any experience running for or serving in elective office; they put forward the standard Libertarian platform of less government.

The Green party offers Pastor Seth Kaper-Dale, a Reformed minister who has been involved in social causes.  His running mate Lisa Durden is a political commentator, formerly a professor at Essex Community College terminated after making public statements supporting a decision by a local chapter of Black Lives Matter to hold an event open only to African-Americans.  Neither has any experience in elected office.

Veteran Marine Matt Riccardi is the gubernatorial nominee for the Constitution Party; they did not register a running mate for the lieutenant position.  His ticket is focused on reducing taxes across the board and increasing jobs in the state.  Riccardi is new to the political process.

Former Long Hill Mayor Gina Genovese is running on the Lower Property Taxes ticket; she is also cited in the press as the LGBT candidate.  Her running mate, Derel Stroud, has been a state Democratic party political organizer since 2009.

The We the People party has placed as official candidates on the ballot the ticket of Vincent Ross and April Johnson.  Both candidates are unknown in the political and online worlds at this point.

Those are the candidates, in brief.  Much can be learned about them online once you know their names.  The Democrats are thought to have a strong lead, but the Republicans do have a chance, particularly in an off-year election when younger Democratic voters are less likely to go to the polls.

So plan to vote Tuesday if you have given thought to the future of New Jersey and the directions the candidates would take us.

Watch for an upcoming article on the public questions.

Bible and Theology, Law and Politics, Logic and Reasoning

#207: The Gender Identity Trap

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This is mark Joseph “young” blog entry #207, on the subject of The Gender Identity Trap.

What if it were really true,
Most girls like pink, most boys like blue?
Just what would color mean to you?

We live in a world filled with gender expectations.  Call them stereotypes if you like, but it goes deeper than that.  We have persuaded ourselves that girls, and women, have a certain inherent character that causes them to be interested in specific kinds of things, and that boys, and men, are similarly innately interested in a different set of things.

We can explore these with what we might call common sense wisdom and observation.  Boys tend to be athletic, and competitive.  We want to prove ourselves the strongest, fastest, toughest.  We communicate with our fists, and the emotions we are willing to show are all what might be called “hard” emotions–anger, jealousy, pride.  Girls, meanwhile, tend to be nurturing, interested in exploring relationships, in caring for those younger or weaker than themselves.  They are articulate creatures, talking even when no one listens, and they display the “soft” emotions–sympathy, affection, sadness.

Balderdash.

I don’t want to argue against the scientific work that has been done in this area.  Sociobiologist E. O. Wilson and his ilk make a potent argument for an evolutionary basis for gender differences, that women favor those qualities that enable them to manage child care and foraging while the men are better suited to hunting.  One does not need to be a religious person to believe that we are male and female, and that these are different.  However, I raise two objections to this concept.

The first can be stated as that generalizations are always false (including this one).  There are many men who have never been interested in sports, who have never been physically competitive or athletic, who have abandoned physical violence as a means of conflict resolution, and who are willing to let their softer emotions show and who are nurturing and caring.  There are similarly many women who are athletic and competitive, sometimes violent, sometimes violently angry.  When we identify traits as specifically masculine or specifically feminine, we are making a generalization, drawing conclusions from what we might call the “center of the bell curve”–most men have this trait, more or less, although some have it to an extreme while others seem to be lacking it entirely.  You will find men who are not at all “manly” in the stereotypical sense, and women who similarly break the mold that defines the feminine.

The second objection, though, is that these cannot truly be used to define what it is to be male or female, a man or a woman, and for a very simple reason:  we do not really know which ones are innate, or to what degree, versus which ones are learned, and to what degree.  Some little girls easily learn to play with guns and toy soldiers, while others put the guns aside and treat the soldiers like children in a schoolroom or nursery.  Some boys have no trouble playing with dolls or appreciating cute figurines, while others are ready to turn even Precious Moments figurines into combat-ready mechas.  When we have a quality that is generally true of a group, we always find that it is not universally true of the group, and even among those for whom it is true, it is true to varying degrees.  No quality is universally true of any group, unless it is itself a mandatory definitional quality of that group.  Not all those of African descent have dark skin–there are negro albinos born in some families.

We opened this with a question of color preferences–pink or blue.  Through most of the twentieth century, blue was the color for boys and pink for girls.  We might think that inherent in gender identity, as it was so common and still is generally thought to be the preference.  However, in the late nineteenth century it was quite opposite.  Blue was considered a pacifistic color, appropriate for girls, while pink was aggressive, the right color for the nursery of a male infant to encourage his masculine aggressiveness.  The matter of the right color for girls or boys proves to be entirely cultural.  We only think it innate, because it is our culture, and we are immersed in it.

Herein lies the problem of gender identity.  We have become persuaded that it is possible, first, for someone who is really, personality-wise, one gender to be born in a body exhibiting the opposite sex.  However, our conception of what constitutes the appropriate personality for a gender is constructed entirely of generalizations and cultural notions.  A boy who does not like sports is not internally a girl, any more than a girl who does like them must be internally a boy.  Whether boys play with dolls or girls with guns is in part innate, but it is also culturally learned to some degree, and a child who exhibits culturally opposite gender preferences in play is not the opposite gender, but a unique individual with unusual interests.

When people come to believe that they are the wrong sex on the outside for their gender on the inside, it is because they have been persecuted into thinking that if they really were a person of the sex they appear to be then they would have different preferences, different abilities, different qualities than they do.  We are taught, incorrectly, to think that the generalities are the definition, and that those who do not fit into the cultural expectations are aberrant.

So be aberrant.  Buck the expectations.  Be yourself, and embrace who you are as a whole person, inside and out.  I am a man.  That I raise my children and do the cooking and a certain amount of the housework and sewing and such, and that I disdain sports and physical competition, does not make me less a man or more a woman; it makes me a unique individual.  The girl who is an Olympic track star, who is competitive at the highest level of athleticism, is not therefore less a girl, less a woman; she is a unique individual, a woman with qualities that are less common in women.  Be who you are, inside and out, and don’t let anyone persuade you that anything about you was made wrong.  No one is the wrong sex on the outside for their gender on the inside, except those who foolishly let popular culture dictate who they should be instead of simply being who they are.

Elections, Law and Politics

#203: Electoral College End Run

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This is mark Joseph “young” blog entry #203, on the subject of Electoral College End Run.

A bad idea which we mentioned in passing some years ago is apparently gaining ground, thanks in large part to Hillary Clinton’s failed 2016 Presidential bid.

The idea, which we mentioned in Why We Have an Electoral College (in the page Coalition Government), is to nullify the original Constitutional intent, that the President be selected by the States as States, by having states pass a law assigning their electors to vote for whichever candidate wins the majority of the national popular vote.  Even some Democrats recognize that the current popularity of this idea is because the losing party are sore losers, and the fact that Hillary Clinton has added her voice to the chorus only underscores that sense–but as the map provided by the idea’s promoters shows, in green, eleven states have already passed the necessary legislation.

(In fairness to Hillary, sort of, she spoke out for the elimination of the Electoral College the last time the Democrats lost the Presidency in a close race.)

That legislation is designed to prevent states from being obligated until there is what they consider a consensus, that is, the legislation passed by each state specifically states that it becomes effective when, and only when, similar legislation is passed by states representing enough Electoral College votes to constitute a majority of the College, 270 votes, that is, one half of the 538 electors plus one.  At that point, whoever receives the majority of the national popular vote would, by dint of this legislation, receive at least two-hundred seventy votes and win the election.

There is a flaw in the reasoning.  Let us suppose that the total is not reached by 2020, and thus it does not impact the 2020 election; but it might be reached in 2021.  However, 2020 is a census year, and the primary reason the Constitution mandates that we have a census every ten years is to adjust the representation of each State in the House of Representatives.  Following the 2010 census New Jersey lost a seat, and there is every likelihood that some States will lose and others gain seats before 2024.  That matters because the number of electoral votes each state gets is determined by the sum of its Representatives plus its Senators, and it might well be that in 2021 the states having passed the law provide sufficient votes to cause it to be enacted, but by 2024 there would not be quite as many.  This might be unlikely, but it is not impossible–New Jersey, which has passed the law and has been shrinking proportionately, might lose another seat, and Texas and Florida, which have showed no interest in passing the law, have been growing and might gain another seat or two each.

However, that is not really the significant point here.

Some years ago a young liberal actress got in serious public relations trouble when she suggested carpet bombing all the conservative states in the central United States because they were impeding the progress that the liberals dominating the coastal states were pushing.  That is an extreme example, but the fact is that several of the big states are coastal states, and tend to be liberal–California, New York, Pennsylvania.  That means on some level we’re talking about the big states trying to take over.

California is an important example.  It tends to be liberal, but is short-changed in the Electoral College because it is short-changed in the House of Representatives:  there is a cap on the number of Representatives any state can have, and California’s population would give it quite a few more seats were it not for the cap.  Let’s face it, though:  California is a large piece of real estate with several very large population centers within it.  It could plausibly dictate law and policy for the entire country just by flexing its popular vote.

That, though, is exactly why the Constitution is designed the way it is.  When the big kids tell the little kids what to do, we call it bullying, and we look for ways to punish and control it.  The Electoral College is designed to try to keep the big states from bullying the little states.

The proposed law disenfranchises the little states.  In doing so it disenfranchises the voters in those states.  There is good reason for the states to vote for the President chosen by the majority of their own citizens, and not the majority of the citizens of every other State in the Union.

We would ask our New Jersey legislators, and those of the ten other states which have already passed such legislation, to repeal it.  It is bad law.  It is also, as one author already cited has observed, probably unconstitutional–it is an effort to end run the Constitutionally-mandated process.

If not, voters in New Jersey and elsewhere should prepare to file suit against the legislature.  The law disenfranchises the voters of this state, taking from us our constitutional right to choose the candidate of our own choice, not that of the rest of the country.