Showing posts with label Marian Tupy. Show all posts
Showing posts with label Marian Tupy. Show all posts

Friday, January 05, 2018

Guest Post: The Freedoms at Stake in the Gay Wedding Cake Case

by Marian L. Tupy

On December 5, 2017, the Supreme Court of the United States heard the case of Masterpiece Cakeshop v Colorado Civil Rights Commission. It’s a case that raises important questions about freedom of speech and of association that even the most fervent supporters of equality for gay people ought to take to heart.

gay wedding cake topperIn July 2012, Charlie Craig and David Mullins, a same-sex couple, visited Masterpiece Cakeshop in Denver to order a custom wedding cake to celebrate their nuptials. Jack Phillips, the shop’s owner and a practicing Christian, was happy to sell the couple any of the goods in the store, but he refused to create a bespoke cake for a gay wedding, arguing that it would contravene his religious beliefs.

Craig and Mullins bought their wedding cake from a different bakery and went ahead with their happy event. The couple also filed a complaint with the Colorado Civil Rights Commission that oversees the enforcement of the Colorado Anti-Discrimination Act – a law prohibiting businesses open to the public from discriminating against their customers on the basis of race, religion, gender, or sexual orientation.

A lower court ruling decided in favor of the plaintiffs. The bakery was ordered to provide cakes for same-sex marriages and to “change its company policies, provide ‘comprehensive staff training’ regarding public accommodations discrimination, and provide quarterly reports for the next two years regarding steps it has taken to come into compliance and whether it has turned away any prospective customers”.

The Cato Institute, where I work, has been at the forefront of the fight for gay equality, submitting amici curiae briefs in favor of the gay community in such ground-breaking cases as Lawrence v Texas, which decriminalized sodomy in the United States in 2003, and Obergefell v Hodges, which legalised gay marriage throughout the country in 2015. In Masterpiece Cakeshop v Colorado Civil Rights Commission, we have taken Phillips’s side.

There is no inconsistency here. Just as we would support a gay baker’s right to decline to convey a homophobic message, we support this Christian baker’s right to decline to celebrate a same-sex wedding. That is because Masterpiece isn’t really about religious liberty – apart from claims that the Colorado Civil Rights Commission itself treats the religious and nonreligious differently, something that concerned the swing Justice Anthony Kennedy at oral argument – but about freedom of speech.

As my learned colleagues wrote, the Supreme Court has repeatedly held “that what the First Amendment protects is a ‘freedom of the individual mind’, which the government violates whenever it tells a person what she must or must not say. Forcing a baker to create a unique piece of art violates that freedom of mind…

“Although making cakes may not initially appear to be speech to some, it is a form of artistic expression and therefore constitutionally protected… Indeed, the Supreme Court has long recognized that the First Amendment protects artistic as well as verbal expression, and that protection should likewise extend to this sort of baking – even if it’s not ideological and even if done to make money.”

gay wedding cake two men silhouetteNo matter which side wins, the final decision in Masterpiece Cakeshop v Colorado Civil Rights Commission is likely to reverberate for many years to come. That’s because the case does not deal with government discrimination, which everyone abhors, but with private discrimination, which is, in some fashion, unavoidable. Each day, all of us discriminate against things (which car to buy), actions (where to eat) and people (who to go out with).

The law says that private discrimination is fine so long as it does not involve a business, which ought to be open to everyone. That’s a perfectly fine legal distinction, but not a logical or moral one. Consider the following scenario:

Suppose that you operate a private dining club – such as the one described by Dana Bate in her superb 2013 book Girls’ Guide to Love and Supper Clubs. You rent a space where you can indulge your passion for cooking and choose from a list of paying gourmands in accordance with your preference for, exempli gratia, straight people. Is that discrimination? No court has ruled so. Yet, Bate’s supper club is basically a business, except for incorporation. Were you to incorporate, you would be guilty of discrimination. Without it, you are free to do as you please.

So, private discrimination is not cut and dried. As one of the pioneers of gay marriage, the British-born writer Andrew Sullivan, noted, advocates of gay equality ought to acquire some perspective. “I think it was a prudential mistake to sue the baker,” he wrote. “Live and let live would have been a far better response.” That’s where Cato stands as well.

Reprinted from CapX.

Marian L. Tupy gay wedding cake


Marian L. Tupy is the editor of HumanProgress.org and a senior policy analyst at the Center for Global Liberty and Prosperity.


This article was originally published on FEE.org. Read the original article.



Sunday, December 31, 2017

Guest Post: 2017 Was a Year of Amazing Advances for Humanity

by Marian L. Tupy

The end of 2017 is barely a week away. So now is the perfect time to reflect on the positive difference humanity has made to the world over the past 12 months. How have we advanced as a species?

2018 Happy New YearWe often underestimate the progress we make because it is incremental: an algorithm here, a genetic tweak there… but all these things combine to improve our future.

As Kevin Kelly from Wired wrote, “Ever since the Enlightenment and the invention of Science, we’ve managed to create a tiny bit more than we’ve destroyed each year… That few percent positive difference is compounded over decades into what we might call civilization… [Progress] is a self-cloaking action seen only in retrospect.”

My website, Human Progress, tracks technological, medical and scientific improvements that make the lives of ordinary people better. Here are the ones that have caught our attention in 2017, doubtless only a tiny fraction of all the advances humanity has made this year.

  1. February 6: The age of the bionic body – from robot hands, controlled by your mind, to electronic eyeballs, experts reveal 6 medical marvels introduced by new technology.
  2. February 6: Biologists help deaf mice hear again by inserting healthy genes into their ears – the work shows an ‘unprecedented recovery of inner ear function’ and could be used in humans.
  3. February 10: Computers turn medical sleuths and identify skin cancer – algorithm works as reliably as board-certified dermatologists, study shows.
  4. February 15: For the blind, an actual-reality headset – not just Star Trek fiction, a new visor from eSight is a lightweight, high-contrast vision system for legally blind people.
  5. February 17: Wyoming man receives ‘miracle’ face transplant 10 years after suicide attempt.
  6. February 18: Smartphones to become pocket doctors after scientists discover camera flash and microphone can be used to diagnose illness.
  7. February 20: Hope for millions as scientists discover multiple sclerosis treatment that can slow its progression.
  8. February 22: Life expectancy to break 90 barrier by 2030.
  9. March 2: Teenager’s sickle cell reversed with world-first therapy.
  10. March 3: Terminal cancer patients go into complete remission after groundbreaking gene therapy.
  11. March 3: UTA professor invents breath monitor to detect flu.
  12. March 6: Google’s artificial intelligence can diagnose cancer faster than human doctors – the system is able to scan samples to determine whether or not tissues are cancerous.
  13. March 8: The robot will see you now! Chat-bots that monitor symptoms will become more accurate and quicker at spotting illness than doctors.
  14. March 8: Scientists discover new state of matter called ‘Time Crystals’ – time crystals seemingly break the rules of normal time-keeping and potentially pave the way for quantum computers and quantum sensors.
  15. March 10: Scientists make progress toward engineering synthetic yeast – the work brings to six the number of yeast chromosomes that now can be synthesized, according to new research.
  16. March 13: More people could benefit from BRCA breast cancer drugs.
  17. March 14: Swedish men on target to be first to completely stub out smoking.
  18. March 15: Startup serves up chicken produced from cells in lab – ‘clean meat’ developers say it avoids towering costs of feeding, caring for livestock.
  19. March 15: The next innovation in shipping – Wind Power; Maersk launches trial run of tanker using rotating cylinders that can function as high-tech sails.
  20. March 18: An insect’s eye inspires a new camera for smartphones – a series of eyelets can make cameras much smaller.
  21. March 23: New rotavirus vaccine could prevent thousands of childhood deaths.
  22. March 24: Machines which detect cancer symptoms could be out in a year.
  23. March 27: Can tech speed up emergency room care? A New York hospital system tests a new way to use telemedicine, where E.R. doctors examine patients without being in the same room.
  24. April 2: Plastic-eating fungus may solve garbage problem.
  25. April 6: To handle electronic waste, freeze it and pulverize it – scientists say a new technique can make it more profitable to harvest metals and other materials from circuit boards in old TVs, computers and more.
  26. April 26: Artificial ‘brain in a dish’ is created in a world first: Breakthrough could shed light on conditions such as Alzheimer’s.
  27. May 2: CRISPR eliminates HIV in live animals.
  28. May 4: Scientists engineer baker’s yeast to produce penicillin molecules.
  29. May 5: Iceland drills 4.7 km down into volcano to tap clean energy.
  30. May 11: Scientists have created an exoskeleton to stop elderly people from falling.
  31. May 11: HIV life expectancy ‘near normal’ thanks to new drugs.
  32. May 17: Lab-grown blood stem cells produced at last – two research teams cook up recipe to make long-sought cells in mice and people.
  33. May 18: Antibodies from a human survivor define sites of vulnerability for broad protection against ebola viruses.
  34. May 18: Scientists look to skies to improve tsunami detection.
  35. May 22: World’s largest aircraft completes successful test flight.
  36. May 23: MIT researchers develop a moisture-responsive workout suit with live cells.
  37. June 1: ‘Instantly rechargeable’ battery could change the future of electric and hybrid automobiles.
  38. June 1: Extinct species of Galapagos giant tortoise may be resurrected.
  39. June 3: SpaceX successfully launches reused Dragon spacecraft for ISS resupply.
  40. June 3: ‘Liquid Biopsy’ passes early test in quest to find cancer in blood .
  41. June 13: Live antibiotics use bacteria to kill bacteria.
  42. July 3: This Silicon Valley company wants to ‘make better humans’ through biohacking.
  43. July 6: DNA from sharks that can live up to 400 years could hold the secret to a longer life.
  44. July 6: Robot wars – knee surgery marks new battleground for companies.
  45. July 9: Banks deploy AI to cut off terrorists’ funding.
  46. July 11: Scientists design a solar cell that captures nearly all energy of solar spectrum.
  47. July 17: Bananas – scientists create vitamin A-rich fruit that could save hundreds of thousands of children’s lives.
  48. July 22: This new material could let phones and electric cars charge in seconds.
  49. July 26: New artificial spider silk: stronger than steel and 98 percent water.
  50. July 28: Melanoma: – new, more effective drug steps closer.
  51. July 28: Could stem cells reverse the aging process)?
  52. July 28: Juvenescence AI to develop first compounds generated by Insilico’s deep-learned drug discovery engines.
  53. August 4: IBM storage breakthrough paves way for 330TB tape cartridges.
  54. August 28: Anti-inflammatory drug ‘cuts heart attack risk’.
  55. August 30: Trial raises Parkinson’s therapy hope.
  56. August 30: FDA clears first gene-altering therapy — ‘a living drug’ — for childhood leukemia.
  57. September 7: Shropshire farm completes harvest with nothing but robots; a world-first in automation.
  58. September 12: U.S. middle-class incomes reached highest-ever level in 2016, Census Bureau says.
  59. September 23: Newly engineered antibody could kill off 99 per cent of HIV strains.
  60. September 28: DNA surgery on embryos removes disease.
  61. October 9: Google is going to use experimental high-altitude balloons to provide internet in Puerto Rico.
  62. October 18: Dyslexia link to eye spots confusing brain, say scientists.
  63. October 29: Saudi Arabia to allow women into sports stadiums.
  64. November 13: Brain implant boosts human memory by mimicking how we learn.
  65. November 14: ‘Better than Concorde’ supersonic 1,687mph airliner to ‘revolutionize’ air travel by 2025 (link).
  66. November 15: The firm that can 3D print human body parts.
  67. November 15: US scientists try 1st gene editing in the body.
  68. November 15: US biotech unicorn steps up competition for BioNTech’s mRNA personalized cancer vaccine.
  69. November 24: Cancer breakthrough: Potential cure could be ready as early as next year.
  70. November 26: Diabetes drug ‘could be used to end agony of transplant rejection’.
  71. November 29: Expanding DNA’s alphabet lets cells produce novel proteins.
  72. November 30: Designer proteins—the new generation of HIV vaccines being put to the test
  73. November 30: Trees are covering more of the land in rich countries – the spread of forests is not always popular. But it is sure to continue.
  74. December 1: HIV breakthrough as cancer drug could hold secret to curing the virus.
  75. December 1: In Rwanda, drones deliver medical supplies to remote areas – such services help people in isolated regions – and could yield lessons for making shipments elsewhere.
  76. December 4: China rules aquaculture as fish output triples in decade.
  77. December 7: Bumper crops boost global cereal supplies in 2017/18.
  78. December 10: Democracy is far from dead – in 12 years, the share of the world’s people who live in ‘free’ countries has risen.
  79. December 11: Huntington’s breakthrough may stop disease.
  80. December 11: Tasmanian tigers aren’t extinct (or at least they won’t be for long!) – Scientists unlock mysterious creature’s DNA – and plan to clone it bring the beast back to Australia.
  81. December 13: Streetlights could be replaced by glowing trees, after scientists make plants shine in the dark.
  82. December 14: Haemophilia A trial results ‘mind-blowing’.
Reprinted from CapX.

Marian L. Tupy Human Progress 2017

Marian L. Tupy is the editor of HumanProgress.org and a senior policy analyst at the Center for Global Liberty and Prosperity.


This article was originally published on FEE.org. Read the original article.



Tuesday, November 14, 2017

Guest Post: Anti-Racists Should Think Twice about Allying with Socialism

Modern racial justice movements like Black Lives Matter are embracing the historically false assumption that socialism is anti-racist.

by Marian L. Tupy

Speaking to the Los Angeles Times last August, the co-founder of Black Lives Matter, Patrisse Cullors, stated that BLM would not sit at the table with President Trump because he “is literally the epitome of evil, all the evils of this country – be it racism, capitalism, sexism, homophobia”.

Swastika hammer and sickle
Trump’s views and actions aside, calling capitalism evil and conflating it with racism is noteworthy. The same goes for the increasing tendency among racial justice advocates to embrace the left-wing economic agenda.

So much so that Ryan Cooper, a columnist for The Week, wrote a column titled, Is Black Lives Matter turning socialist? As Cooper approvingly noted, BLM has adopted a “hugely aggressive – and firmly leftist – economic program”.

On the other side of the Atlantic, Natalie Jeffers, who cofounded BLM in the United Kingdom, urged her followers to: “Fight racism with solidarity. Fight capitalism with socialism. We must organize – dedicate ourselves to revolutionary politic power.”

The Black Lives Matter Movement, a separate British organization, was founded by Gary McFarlane, a representative of the Socialist Workers Party, who writes for the Socialist Review and the Socialist Worker, and claims that, “Capitalism is racist from the top to the bottom”. His cofounders, including Kate Hurford, Harold Wilson, and Naima Omar, have also written for those two publications.

There is, in other words, a growing assumption among racial justice advocates that more socialism would result in less racism and, even, that socialism is, in itself, anti-racist. There is, in fact, no such necessary connection between socialism and anti-racism, as a closer look at early socialist writings amply shows.


Socialists Had a Lot to Say About Race
Marlborough Churchill familyTo start with, it is important to note that the meaning of the word “race” changed over time. Today, most people think of races in terms of color, as in “black” and “white.” Historically, however, race was also a synonym for a nation or, even, a family. In his 1933 book, Marlborough: His Life and Times, Winston Churchill noted: “Deep in the heart of the Prussian state and race lay the antagonism to France.” The English artist Mary Granville, in turn, referred to Churchill’s family as the “Marlborough race” in her 1861 book, Autobiography and Correspondence.

Race was always a part of socialist thought.

But race, whether narrowly (black and white) or broadly (skin color, nation, and family) understood, was always a part of socialist thought. In 1894, for example, Friedrich Engels wrote a letter to the German economist Walther Borgius. In it, Engels noted, “We regard economic conditions as that which ultimately determines historical development, but race is in itself an economic factor.”

In his 1877 Notes to Anti-Dühring, Engels elaborated on the subject of race, observing “that the inheritance of acquired characteristics extended … from the individual to the species.” He went on, “If, for instance, among us mathematical axioms seem self-evident to every eight-year-old child and in no need of proof from evidence that is solely the result of ‘accumulated inheritance.’ It would be difficult to teach them by proof to a bushman or to an Australian Negro.”

It is noteworthy that Engels wrote those words 16 years before Francis Galton, writing in Macmillan’s Magazine, urged humanity to take control of its own evolution by means of “good breeding” or eugenics. Speaking of which, Sidney and Beatrice Webb, who were both socialists and eugenicists, bemoaned the falling birthrates among so-called higher races in the New Statesman in 1913. They warned that “a new social order [would be] developed by one or other of the colored races, the Negro, the Kaffir or the Chinese”.

Che Guevara, the Argentine revolutionary and friend of the Cuban dictator Fidel Castro, offered his views on race in his 1952 memoir The Motorcycle Diaries, writing, “The Negro is indolent and lazy and spends his money on frivolities, whereas the European is forward-looking, organized and intelligent.”

Karl Marx came close to advocating genocide.


Socialists Are Historically Pro-Genocide
In addition to racism, early socialist writings contained explicit calls for genocide of backward peoples. The toxic mix of those two illiberal ideas would result in at least 80 million deaths during the course of the 20th century.

In the New York Tribune in 1853, Karl Marx came close to advocating genocide, writing, “The classes and the races, too weak to master the new conditions of life, must give way.” His friend and collaborator, Engels, was more explicit.

In 1849, Engels published an article in Marx’s newspaper, Neue Rheinische Zeitung. In it, Engels condemned the rural populations of the Austrian Empire for failing enthusiastically to partake in the revolution of 1848. This was a seminal moment, the importance of which cannot be overstated.

“From Engels' article in 1849 down to the death of Hitler,” George Watson wrote in his 1998 book The Lost Literature of Socialism, “everyone who advocated genocide called himself a socialist.”
So, what did Engels write?
Among all the large and small nations of Austria, only three standard-bearers of progress took an active part in history, and still retain their vitality – the Germans, the Poles and the Magyars. Hence they are now revolutionary. All the other large and small nationalities and peoples are destined to perish before long in the revolutionary world storm. For that reason they are now counter-revolutionary.
“The Austrian Germans and Magyars will be set free and wreak a bloody revenge on the Slav barbarians,” he continued. “The next world war will result in the disappearance from the face of the earth not only of reactionary classes and dynasties, but also of entire reactionary peoples. And that, too, is a step forward.”

Here Engels clearly foreshadows the genocides of the 20th-century totalitarianism in general and the Soviet regime in particular. In fact, Joseph Stalin loved Engels’ article and commended it to his followers in The Foundations of Leninism in 1924. He then proceeded to suppress Soviet ethnic minorities, including the Jews, Crimean Tatars, and Ukrainians.

It is unsurprising that Nazi Germany, with its concentration camps and omnipresent secret police, came so close to resembling the Soviet Union.

Adolf Hitler, who admired Stalin for his ruthlessness and called him a “genius,” was also heavily influenced by Marx. “I have learned a great deal from Marxism,” Hitler said, “as I do not hesitate to admit.” Throughout his youth, Hitler “never shunned the company of Marxists” and believed that while the “petit bourgeois Social Democrat … will never make a National Socialist … the Communist always will.”

Hitler’s “differences with the communists”, argued Watson, “were less ideological than tactical”. Hitler embraced German nationalism so as not to “compete with Marxism on its own ground,” but explicitly acknowledged that “‘the whole of national socialism’ was based on Marx.” It is, therefore, unsurprising that Nazi Germany, with its concentration camps and omnipresent secret police, came so close to resembling the Soviet Union.

How much did the Nazis learn from the Soviets?

Rudolf Hess Commandant of AuschwitzIn his 1947 memoir Commandant of Auschwitz: The Autobiography of Rudolf Hoess, Hoess recalled that the Germans knew of the Soviet program of extermination of the enemies of the state through forced labor as early as 1939. “If, for example, in building a canal, the inmates of a [Soviet] camp were used up, thousands of fresh kulaks or other unreliable elements were called in who, in their turn, would be used up.” The Nazis would use the same tactic on the Jewish slave laborers in, for example, munition factories.

Following their invasion of the Soviet Union in 1941, wrote Watson, the Germans collected information on the immense scale of the Soviet camp system and were impressed by the “Soviet readiness to destroy whole categories of people through forced labor.”

Communist terror continues to be shrouded in ontological fog.

After the war ended, Stalin was deeply worried about what the Germans knew with regard to the Soviet camp system and the crimes that the Soviets committed in the territories they conquered following the signing of the Molotov-Ribbentrop Pact. He sent Andrey Vyshinsky, the mastermind of Stalin’s Great Purge (1936-1938), to Nuremberg to steer the war crimes tribunal away from inconvenient lines of inquiry.

Today we are familiar with the aggregate numbers of people who died as a result of the socialist experiment, but communist terror continues to be shrouded in ontological fog. As such, the Nazi extermination of the Jews is generally condemned as an example of race hatred. The Soviet extermination of specific groups of people, in contrast, is generally seen as part of a much less toxic “class struggle.”

The Strange Separation of "Race Hate" and "Class Struggle"
The Marxist theory of history focused on class struggle and posited that feudalism was destined to be superseded by capitalism. Capitalism, in turn, was destined to give way to communism. Marx saw himself chiefly as a scientist and thought that he had discovered an immutable law of evolution of human institutions, from barbarism at the one end to communism at the other end. (Hence the idea of “scientific socialism” that Engels promoted after Marx’s death.)

Peoples stuck in feudalism, like the Slavs, “as well as Basques, Bretons and Scottish Highlanders”, could not progress straight from feudalism to communism. They would have to be exterminated – so as not to keep everyone else back! Watson noted, “They were racial trash, as Engels called them, and fit only for the dung-heap of history.”

How, then, are we to think of socialism and race, and does the answer to that question have any bearing on the distinction that has been drawn between the Nazi and communist atrocities?

The best that can be said of the socialists is that their victims were more varied than those of Hitler. 

H.G. WellsIn his 1902 Anticipations of the Reaction of Mechanical and Scientific Progress upon Human life and Thought, H.G. Wells wrote, “There is a disposition in the world, which the French share, to grossly undervalue the prospects of all things French, derived, so far as I can gather, from the facts that the French were beaten by the Germans in 1870, and that they do not breed with the abandon of rabbits or negroes.”


“I must confess,” he continued, that “I do not see the Negro and the poor Irishman and all the emigrant sweepings of Europe, which constitute the bulk of the American Abyss, uniting to form that great Socialist party.”

Note the ease with which the socialist author of such best-sellers as The Time Machine (1895), The Island of Doctor Moreau (1896), The Invisible Man (1897), and The War of the Worlds(1898), conflates backward whites and backward blacks.

To Wells, both were primitive and, consequently, unsuited to be the torchbearers of socialism. That’s perfectly consonant with Marx’s theory of history, which was, by definition, universal in applicability. Creation of a socialist utopia, therefore, depended on the extermination of all races, broadly understood, who stood in the way of socialist revolution. As such, it included black “Bushmen” and white Bretons.

In contrast to Marx, Hitler’s utopia was not universal. Hitler, the leader of the National Socialist German Worker’s Party (Nationalsozialistische Deutsche Arbeiterpartei), wanted to create socialism in only one country, Germany. Hitler’s hatred of the Jews, for example, was partly rooted in his belief that capitalism and international Jewry were two sides of the same coin. As he once famously asked, “How, as a socialist, can you not be an anti-Semite?”

The old distinction between the crimes of National Socialism and socialism proper seems to be untenable.

To achieve their socialist goals, wrote Götz Aly in his 2008 book Hitler’s Beneficiaries: Plunder, Racial War, and the Nazi Welfare State, the Germans confiscated gold, food, clothing, and machinery throughout the territories they conquered. They also put the conquered peoples to work in German slave labor and extermination camps, and factories.

In conclusion, the old distinction between the crimes of National Socialism (as purely racist) and socialism proper (as lacking a racial component) seems to be untenable. Both the perpetrators of Nazi atrocities (ie, the Germans) and their victims, including the Jews and the Slavs, were white. As such, Nazi atrocities make little sense on the narrow definition of racism (i.e., black versus white). They do make sense in the broader context – the perceived necessity to exterminate all peoples who stood in the way of achieving Hitler’s utopian ideal.

But, the same can be said of communist atrocities. The early socialists certainly toyed with the idea of racial inferiority of the darker races (i.e., narrow definition of racism), but ultimately embraced a program of genocide that was more encompassing. The best that can be said of the socialists, therefore, is that their victims were, in accordance with the universal aspirations of Marxism, more varied than those of Hitler. Let us hope that’s not the sort of inclusivity that Black Lives Matter on both sides of the Atlantic strives for.

Reprinted from CapX

Marian L. Tupy

Marian L. Tupy is the editor of HumanProgress.org and a senior policy analyst at the Center for Global Liberty and Prosperity.


This article was originally published on FEE.org. Read the original article.