Campaign Finance

Fight Against NC LGBT Discrimination Law Reveals Hypocrisy Over 'Dark Money'

Corporations influencing politics is awful for liberals, unless the influence benefits their political agenda.

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Advocates of campaign-finance reform have a new arrow in their quiver: the effort by several of the nation's most powerful corporations to roll back the result of deliberative democracy in America. The corporations' campaign, made possible with the benefit of "dark money," already have succeeded in part. But they are not giving up, and their efforts are reverberating in several states.

We are speaking here, of course, of the attempt by the Human Rights Campaign, the country's largest gay-rights group, to undo a new North Carolina law. The law, known as HB2, forbids localities to enact ordinances prohibiting discrimination against gays and lesbians, and it requires people to use the bathroom that aligns with their anatomical gender at birth rather than the one with which they identify.

HRC is right to describe the law as vile, and right to seek its repeal. But there's no getting around the fact that if campaign-finance advocates had their way, the group would not be allowed to. After all, it is (a) a corporation that is (b) using its financial resources to (c) drown out the voices of ordinary North Carolina citizens, who support the law by a slim majority. What's more, it has (d) "blasted" North Carolina Gov. Pat McCrory (R), who is running for re-election. Finally, the HRC is (e) not required to disclose its donors.

This is the very definition of "dark money politics" that campaign censors want to eradicate.

And HRC has a lot of company. As The New York Times pointed out in a recent editorial, more than 80 leaders of for-profit corporations have written to McCrory urging the law's repeal. Some of them, such as PayPal and Deutsche Bank, have cancelled plans to expand operations in North Carolina.

In 2012 The Times echoed the views of good progressives everywhere by lamenting: "The corrupting influence of money is not limited to bribery… When outside spending is unlimited, and political speech depends heavily on access to costly technology and ads, the wealthy can distort this fundamental element of democracy by drowning out those who lack financial resources." Yet now The Times et al. are quite happy to see moneyed interests do just that.

But if you are looking to dine on hypocrisy, the preceding is just an appetizer. The main course is the companies themselves. Take PayPal. Despite its lofty rhetoric about equality and dignity, the company has international offices in Singapore, Malaysia and the United Arab Emirates—whose governments treat homosexuality as a crime that can bring years in jail and lashings.

Then there's Apple, which does extensive business in China—a country where being LGBT can lead to arrest and detention, there is no recognition of LGBT families in law, and protections against discrimination are nonexistent. Transgendered people not only can't use their preferred restrooms, they can face "serious levels of police harassment." Deutsche Bank has operations in China, too—along with Malaysia, Singapore, Saudi Arabia, and other LGBT-hostile nations.

We could run a similar exercise with Starbucks, Hilton, American Airlines and many of the other 80 signatories to the letter, but you get the drift. The same point applies to New York Gov. Andrew Cuomo, who has banned state employee travel to North Carolina but encouraged travel to Cuba, where LGBT people—while no longer sent to labor camps—still "live under constant government surveillance and harassment," according to a piece in Foreign Policy.

For a double-standard dessert, try the Democratic presidential campaigns. Speaking about the North Carolina law, Hillary Clinton's campaign recently said that "refusing to serve LGBT people because of who they are is discrimination. End of story." Bernie Sanders' campaign was even more blunt: "We should be working to end discrimination in all forms," it said.

All forms? Excellent. When they've finished with North Carolina, perhaps they can tackle Massachusetts, home to Mount Holyoke, Smith, and Wellesley—women's colleges that refuse to admit men. (Clinton attended Wellesley, by the way.)

In fact, there are more than 40 women's colleges in the U.S. (including three in Virginia) and a handful of men's colleges, including Virginia's Hampden-Sydney. This is blatant sex discrimination, and it is allowed only because existing institutions were granted exemptions in the civil rights acts of the 1960s. You couldn't launch a single-sex institution today. So why is mere tradition a legitimate ground for allowing gender discrimination now?

Discrimination in higher ed isn't limited to those schools. Many coed colleges offer separate (but equal!) housing for minorities, such as the University of Connecticut's special housing for black males. Many more still practice some form of affirmative action. And there is scarcely a college in the country, public or private, that does not offer a raft of exclusionary scholarships for specific demographic groups.

All of that is "discrimination. End of story." Some people might consider some of it—or all of it— justified, and still condemn the North Carolina law. But those who do so are, to borrow a phrase from Julian Sanchez of the Cato Institute, discriminating between discriminations. Which is fine. Yet if you argue that some discrimination is good and some is bad, then you descend from the high ground of moral absolutes into the valley of historical rationalization and utilitarian cost/benefit analysis. And that is a far less preachy place.

So, yes, it's nice to see so many powerful voices arrayed against a law that is steeped in irrational bigotry. It would be even nicer if those voices would pause to reflect on whether they actually mean what they say.

This column originally appeared at the Richmond Times-Dispatch.

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  1. FYI, there’s no inconsistency at all. They call it “fighting fire with fire”.

    Only in Seattle: $1.3 million campaign warns of ‘unfettered influence’ of $43,966 opposition

    […]

    The two Seattle campaigns with the biggest war chests this year are Honest Elections Seattle ($1.308 million) and Sawant ($415,000).

    By contrast, the biggest business-backed “independent” expenditure committee, United for Tim, has raised $218,000 for the reelection of Seattle City Council President Tim Burgess. The campaign boosting the gargantuan $930 million Let’s Move Seattle property tax levy has raised $222,000, from both business and labor unions that stand to profit from it.

    A couple weeks back, Heather Weiner explained Honest Elections Seattle’s huge war chest with the words: “‘Wish it wasn’t true, but it takes fire to fight fire.”

  2. Dark Money

    Racist.

    1. Not that racist, darkies are mostly poor.

    2. Great minds think alike

  3. It’s different when they do it because they have good intentions.

    1. Yep. The proggy jackboot is the jackboot of peace and justice and ending inequality with THEIR version of inequality, damnit!

  4. Cognitive Dissonance.

    2+2=5 and that’s okay, because equality.

  5. Leave George Clooney out of this!

    1. HONK IF YOU’RE HORNY!!!

    2. George says his good money supports Hillary Clinton. George says this is better than the Koch bros’ money which goes in part to organizations trying to end Obama’s racist war on drugs.

  6. All forms [of discrimination]? Excellent. When they’ve finished with North Carolina, perhaps they can tackle Massachusetts, home to Mount Holyoke, Smith, and Wellesley?women’s colleges that refuse to admit men.

    And then on to tackling discrimination against recreational drugs other than alcohol!

  7. HRC is right to describe the law as vile

    All laws that prevent governments from forcing you to associate with people against your will are vile.

    1. This law does force association since if a business owner thinks it’s okay for a trans person to use the bathroom they want, the law actually makes that illegal. If they’d said it’s the business owner’s decision that would have been a good law. This one isn’t.

      I do agree vile is too strong a word when we’re talking about bathroom issues that impact 0.3% of the population though.

      1. “I do agree vile is too strong a word when we’re talking about bathroom issues that impact 0.3% of the population though.”

        Fuckin bigot!!

      2. Ok, I’ll grant you that that part of the law is wrong.

        I heard somewhere (probly this board) that if you have a sex change operation you can get your birth certificate amended to reflect your new sex. Since I wondered if that was true, I found this:

        North Carolina
        Statute: N.C. Gen. Stat. ?? 130A-118(b)(4), (e) (2005).

        Text: (b) A new certificate of birth shall be made by the State Registrar when . . .

        (4) A written request from an individual is received by the State Registrar to change the sex on that individual’s birth record because of sex reassignment surgery, if the request is accompanied by a notarized statement from the physician who performed the sex reassignment surgery or from a physician licensed to practice medicine who has examined the individual and can certify that the person has undergone sex reassignment surgery.

        Summary: North Carolina will issue a birth certificate reflecting the proper sex.

        So at least those who have had surgery can comply with the law while going into rest room for their new sex (provided they were born in NC or another state that will do this).

        http://www.lambdalegal.org/kno…..signations

        1. Don’t you see? That is the problem. North Carolina has been so backwards and hick that their legislature actually established a mechanism that allows people who undergo sex re-assignment surgery to legally change their gender from birth.

          What happens to any gender reassigned refugees from those oh-so progressive states that have failed to provide such a form of documentary relief? Might make those other states look vile.

          Can’t have that. Not when there is a culture war to be one.

          Who cares if the truth is the first casualty.

          1. Won, not one.

      3. no, the NC measure is silent on private business. That was a huge part of the impetus behind it in response to the Charlotte City measure that did mandate what businesses did. The state version applies only to public use facilities.

        1. ^This^

          And at this point, it’s become impossible to tell who’s deliberately conflating the two and who’s just clueless.

        2. Well, not impossible to tell who’s advocating what, but that any ‘good faith reading’ is genuinely being done in good faith.

          But this has been the case since Indiana’s RFRA and before. Unless the law says, “This law favors gay people as a political class.” it is, or can be, framed as anti-gay and pilloried from there as necessary.

        3. exactly. private business are free to violate the bathroom privacy of their patrons by allowing men into women’s bathrooms and vice versa.

      4. If they’d said it’s the business owner’s decision that would have been a good law.

        You mean like this?

        It is the public policy of this State to protect and safeguard the right and opportunity of all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodation free of discrimination because of race, religion, color, national origin, or biological sex, provided that designating multiple or single occupancy bathrooms or changing facilities according to biological sex shall not be deemed to constitute discrimination

        link

        1. Just to clarify, the NC law consists of 3 main “controversial” things.

          1) The blurb I quoted above that makes it so that local government can’t pass ordinances making it illegal to have a men’s room and a women’s room.
          2) A provision that says that public schools need a boy’s room and a girl’s room if they do multiple occupancy restrooms (and that exceptions can be made for specific situations).
          3) A provision that says that public agencies need a men’s room and a women’s room if they do multiple occupancy restrooms (and that exceptions can be made for specific situations).

          I’m missing the “forcing association” part here.

      5. Unlike the Charlotte bill that did interfere with businesses, HB2 places a ban on the state and local government only. The right of businesses to make their own policies in regard to restroom use is returned. The bill has been seriously misrepresented in the media. Before having an opinion, people should read the bill. Republicans did the right thing here.

        The part about the birth certificate is in the definitions section of the bill. This defintion allows transsexuals to use the womens’ facilities. (They have their BC changed in probate court after reassignment. ) But yet, allows the removal of the Christopher Hambrooks from these locker rooms at places like local park service pools.. http://www.torontosun.com/2014…..s-offender

        It also stops Leftists from insisting that gender dysphoric/transgender students may use the locker rooms. Right now in Illinois where I live, a transgender student is insisting that being behind a partition in the girls locker room at a public school is discriminatory. He’s suing to see and be seen as though he ‘s a girl, and as in the Charlotte bill, any other third option is unacceptable.The HB2 bill insists that a 3rd option is acceptable.

        Believing the medias misrepresentations of Republicans and their bills does not help them do the right thing. It just gives them spines of jelly. As they are closer to Libertarians in ideology than are Democrats, stop it..

    2. Law discriminating against necrophiliacs is vile.
      Law discriminating against no-fault divorce is vile.
      Law discriminating against yellow journalism is vile.
      Law discriminating against discriminating laws is vile.
      Law discriminating against anti-discrimination laws is vile.

      I am so glad we are adding subjective qualifiers so that we don’t have to answer questions like “What is the editorial point of view?” with “Duh, I spelled it out. See? I’m in the IN crowd.”

  8. On the accompanying picture: Doesn’t the dollar bill usually get tucked into the g-string?

  9. And the left’s hypocrisy continues unabated. What a shock.

  10. And HRC has a lot of company. As The New York Times pointed out in a recent editorial, more than 80 leaders of for-profit corporations have written to McCrory urging the law’s repeal. Some of them, such as PayPal and Deutsche Bank, have cancelled plans to expand operations in North Carolina.

    And yet when I say that public accommodation laws should be repealed and business owners should be able to decide with whom to conduct business, I’m told that it would quickly lead to segregated entrances, if not Whites Only businesses being everywhere..

    1. “I’m told that it would quickly lead to segregated entrances, if not Whites Only businesses being everywhere..”

      I always like to remind “progressives” that in the pre-Civil Rights Act days, that kind of discrimination was mandated by law and enforced by the government.

      And if a business wants to turn away perfectly good customers, who cares? Why stop them? They’d be crushed by their more profit-focused competition. That’s the beautiful thing about the free market: it doesn’t care what color you are, what god(s) you worship, or what gender you believe you are. The only question the free market will ask is, “are you producing something of value to others?”

      The free market has unparalleled power to bring together people of different demographics for a common, mutually beneficial purpose: profit. That much-maligned profit motive has made more people put aside their differences than any “community organizer” ever did. So naturally, the Left hates free markets and profit motives.

      1. I have been assured that they must practice goodthink in order for their actions to be meaningful. For example, a super lefty co-worker once huffed, “You know the only reason they give us more breaks than required by law is that they know that well-rested workers provide better service and make them more money.” I blew up demanded to know why the fuck their motives mattered. We still got breaks – shouldn’t that be enough? Nope. It had to be for the right reasons.
        There is a reason that when in Publix, I am personally escorted directly to an item that I asked about. There is a reason that I am greeted with cheerful smile when I walk into my favorite cafe. I’m a nice guy, but they don’t help me because of that. These things are not mandated by law, but competition for customers is brutal. (This is even true of Starbucks, which dominates its market share hands down).

        But, you see, it does not matter that customers are treated well because of their wallets, or that I work alongside someone from another tribe just so that I may turn a profit, because these are a base, vile motives.

        IT’S KUMBAYA OR BUST, SHITLORD!

  11. HRC is right to describe the law as vile, and right to seek its repeal.

    Why?

    It seems to me that the violation of rights here is on the part of the municipalities that seek to “enact ordinances prohibiting discrimination against gays and lesbians”. A state telling local governments they can’t violate their citizens’ rights hardly seems vile. Maybe, as Irish suggests, the law is saying something other than what Hinkle is suggesting it is saying. But, my guess is that HRC (and most of its opponents) would have a problem with it even if the toilet provisions were removed.

    1. If the law actually forbids people from making their own rules for their own business’s toilets, it’s also violating people’s rights.

      The people pushing for laws one way or the other are all assholes. This is really not a problem requiring some universal solution.

      1. the law does NOT forbid businesses from making their own rules. It speaks only to public facilities.

        1. Someone above suggested otherwise. If you are right, that’s good.

          I still think it is an unnecessary and mean law. But that’s a lot less bad.

          1. I agree on the unnecessary but think that should be directed at Charlotte. Without the city measure, there would have been no state response and best I can tell from having been on the ground in the city, there was not a widespread grass-roots call for such a law, just a Council intent on virtue-signaling.

          2. The law was in direct response to a broad public accommodation law passed by Charlotte that would have violated free association so it was necessary in face of that. And whatever do you mean by “mean”? What is the standard for judging that?

            1. The standard is my personal feelings on the subject. And that’s all this is about: how people feel about sharing bathrooms with other kinds of people. Aside from the possibility of forcing private businesses to operate in a certain way, I don’t care and I don’t think there is a specifically libertarian response one way or the other.

              1. Aside from the possibility of forcing private businesses to operate in a certain way….

                But, isn’t saying that about about public accommodation laws roughly akin to saying “Aside from telling people what they can put in their own bodies….” about marijuana laws. Or, playing devil’s advocate, “Aside from telling people who they can and can’t have sex with….” about the old sodomy laws?

              2. That the NC law, the Indiana law, the proposed Georgia law would prevent local and state government from imposing on private institutions is what has the cultural progressives up in arms. It is not a side issue, it is the heart of the matter.

                So you cannot explain why you feel it mean?

              3. Are you aware of many libertarians who don’t support property rights of business owners or freedom of association for individuals or businesses, including freedom not to associate?

      2. If the law actually forbids people from making their own rules for their own business’s toilets, it’s also violating people’s rights.

        As I said, to the extent it mandates private business’s toilet policies, I’m opposed to it (although a good number of people here say it doesn’t and there are a lot more intrusive business regulations on the books that aren’t labeled “vile”, anyway). But, let’s say the law was amended to change this. Are you suggesting for a moment that the ruckus would then go away? We’ve seen the response from groups like HRC to laws that precisely forbid municipalities from banning private discrimination. Remember Indiana?

        I agree with your final sentiment. Those pushing for laws on private actors either way are assholes. But, I don’t think it’s somehow vile to say that assholes can’t push laws on private actors.

  12. First the Charlotte law applied to more than just public bathrooms but to private entities too criminalizing discrimination.

    Second, the application of rules to the usage of pubic property is done all the time and acceptable to me until there is proof of a violation of “equality before the law”.

    The writer of the article has yet to convince me that the HB2 law qualifies as “vile” without a more specific explanation.

    I’m inclined to think that Reason or its staff wish to pander to a new minority group and their new rights.

    1. Or they could just think that people ought to have those rights. I’m not saying they are correct necessarily, but why assume that it is pandering rather than their genuinely held beliefs?

      1. Because I have seen several articles by Reason recently seeming to offer a positive view of the transgender movement when the supporters fail to define what that means and if it excludes those claiming to be of the other sex than born OR if it includes them too necessarily.

        1. I’m still not sure that there are any people claiming to be the other sex than what they were born as. The whole idea is that anatomy and mind somehow don’t match up. Though the “non-binary” thing does seem to be growing in popularity. SO I suppose there is a distinction to be made between people who just want to live as the other sex and that’s it and people who like the label of not quite identifying with one or the other.

      2. Or they could just think that people ought to have those rights.

        Which rights are we talking about, exactly?

        1. In this case, the right to use bathrooms according to the persons self-identification as to whatever sex they say they are / claim to be.

          1. if such a ‘right’ exists, then it was already in use. There was no groundswell of public outcry for the measure Charlotte passed. None. It was a big look-at-us move and it backfired.

            1. I agree with that. This should really be a non-issue. It’s all people looking to make a statement. And it’s always bad to do that through legislation.

          2. the right to use bathrooms according to the persons self-identification as to whatever sex they say they are / claim to be

            Is there a right for people to use single-sex bathrooms?

            Do business owners have a right to set their own rules for bathrooms?

            1. Do business owners have a right to set their own rules for bathrooms?

              unless I totally screwed up, in NC the answer to this is yes. That makes it diametrically opposed to the Charlotte ordinance; in fact, that was the bulk of the impetus behind the state’s action. HB2 is confined to public-use facilities.

            2. To the last two questions, I don’t thing anyone has a right to use other people’s rooms without the owner’s permission which is why so far this fight is mostly restricted to public bathrooms.

              But almost ALL public property is built with a purpose in mind and inherently discriminatory in some aspect; so I see no inherent wrong in setting rules for public property usage.

              1. so far this fight is mostly restricted to public bathrooms

                I believe the Charlotte ordinance was not so limited.

                And, don’t be fooled by the references to “bathrooms”. This is also about locker rooms, changing rooms, etc.

                Its pretty easy in a bathroom to “pass” as the other sex if you are making an effort. In a locker room, etc. its a lot more difficult.

        2. The “right” to use a particular toilet. I’m not arguing for it. Just saying it’s not necessary to assign nefarious motives to the writers who take that position.

          1. I don’t know about “nefarious”. But reflexive and not thought through worth a damn, yes.

            A pithy description of the underlying mindset:

            “It’s a complete absurdity to believe that traditional Christians and other conservatives will suffer a single thing from the expansion of LGBT rights, and boy, do they deserve what they’re going to get.”

            http://pjmedia.com/instapundit/232187/

          2. I have yet to hear a description of the right to use the bathroom of your choice that isn’t also the right to use a single-sex bathroom, if that’s your choice.

          3. There is very little that is necessary. And my statement said that I was INCLINED – leaving open other possibilities.

            1. I’m not saying you are being unreasonable. But I think it is more likely that it’s just the “cultural libertarian” thing and not an attempt to pander to anyone. They really want society to be more accepting of people’s peculiarities.

              It would be nice to see a more full throated condemnation of public accommodation laws, but reality is that they probably aren’t going away and it’s worth discussing what would be the least worst way to implement them if we must have them.

              1. But I think it is more likely that it’s just the “cultural libertarian” thing and not an attempt to pander to anyone. They really want society to be more accepting of people’s peculiarities.

                Yeah, except they only want to accept one group of peculiarities. Libertarian =/= libertine, no matter how much the pot, Mexicans, and ass sex brigade wants it to be. There are quite a few of us who think that there are a lot of things that are bad, but should nonetheless be legal.

                It would be nice to see a more full throated condemnation of public accommodation laws, but reality is that they probably aren’t going away and it’s worth discussing what would be the least worst way to implement them if we must have them.

                Disagreed. This only makes sense if you have enough power to influence the result. Libertarians have approximately zero power, so talking about making accommodation laws less bad is just as pie-in-the-sky as talking about repealing accommodation laws. Even if libertarians were to nominally get their way, it would certainly be at the sacrifice of liberty. See: gay marriage issue.

              2. well I have been a libertarian for over 40 years and I am much more comfortable criticizing other libertarians than I used to be 🙂

    2. The writer of the article has yet to convince me that the HB2 law qualifies as “vile” without a more specific explanation.

      I’m inclined to think that Reason or its staff wish to pander to a new minority group and their new rights.

      Considering that they throw the LGB into an argument that is rather explicitly and fundamentally “T”, yeah, their reading of the law comes nowhere near good faith.

  13. Good job, writing that down. I’ve been too lazy to collect the companies. And more than this, it brings down the narrative of oppression. Enough businesses, institutions, laws, and voters support “social justice” that it’s untenable to claim. The largest minority – women – isn’t even one. And actual, tiny minorities can receive enough in redistribution from the “socially just” that they could be privileged. Then go ahead and combine all the “historically disadvantaged” groups. What a “minority”.

  14. Am I the only one who reads HRC as Her Royal Clinton?

    1. Don’t give her ideas.

  15. RE: Fight Against NC LGBT Discrimination Law Reveals Hypocrisy Over ‘Dark Money’
    Corporations influencing politics is awful for liberals, unless the influence benefits their political agenda.

    So what else is new?

  16. don’t you see they only want to limit donations to the other guy because their right and the other guys are wrong and should just shut up.

  17. So is the law vile because it bans laws giving special privileges to homosexuals (which is what leads to small businesses being destroyed by the Lavender Thought Police), or because you think men should be able to go to the women’s room to forage for targets?

  18. Yes, because I’m sure women are all very keen to share their bathrooms with men (That’s whats ‘really’ being discussed here IMO).

    I mean, since they’ll obviously need to get rid of all the urinals I have absolutely no doubt whatsoever that the stalls, as the only option, will be liberally coated in unspeakable things. Not everywhere, obviously, but no longer will women be able to retreat to their ‘safe spaces’ in ‘their’ bathrooms to do the various things that women do in there.

    I’m not sure the inevitable increase in disgust or loss of a previous privilege will be enough change policy, but it will surely be entertaining to hear the feminist take on how it’s all our fault somehow on why none of us can have nice things. I’m sure they won’t take responsibility for it, or suggest that it get rolled back. No. What’s more likely is that the ‘mens room’ will be for ‘everyone’ whereas, for safety and biological reasons, women get their own. If you’re caught in there without having undergone surgery, I foresee an arrest.

    This might be somewhat farcical, lord knows I hope that’s the case, but it seems to me that men are essentially the only group you can cut and it never bleeds. Therefore I always assume we will be the one’s cut by gender-based policy.

  19. Bravo Mr. Hinkle.

  20. I’m very disappointed to see Reason follow the PC herd regarding language. It is a person’s sex, not gender, that is recorded at birth. Male and female are sexes, not genders. I suppose I should be grateful that Reason at least didn’t refer to the gender being “assigned” at birth.

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  22. “why is mere tradition a legitimate ground for allowing gender discrimination now?”

    sounds like a loophole…

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