Author: Robert Mariani

Send me a tweet: @robert_mariani Email me: rjmariani0 AT gmail DOT com

A question of equal protection

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were.

The above quote is from the majority opinion of the Supreme Court in Obergefell v. Hodges, which just made gay marriage a right to everyone in the USA. This was done with a broad interpretation of the 14th Amendment; you can’t just prevent people who love each other from marrying, after all.

Well, not exactly. Notice the emphasis I placed on the quote. Two people in love have protections under the law that three or more people do not. If:

A. Marriage is just a weird thing people do when they love each other, and

B. It’s wrong to not let people participate in this ritual because of their non-traditional instantiation of the institution

How the fuck is that fair? Why don’t polygamous people deserve equal protection?

Chief Justice Roberts asked this very question:

I do not mean to equate marriage between same-sex couples with plural marriages in all respects. There may well be relevant differences that compel different legal analysis. But if there are, petitioners have not pointed to any. When asked about a plural marital union at oral argument, petitioners asserted that a State “doesn’t have such an institution.” But that is exactly the point: the States at issue here do not have an institution of same-sex marriage, either.

Obviously, the Supreme Court only rules on cases in front of them. It’s just as obvious that if an otherwise identical case about plural marriage reached the SCOTUS, it wouldn’t benefit from the same broad interpretation of the 14th Amendment that just made same-sex marriage legal. They wouldn’t use the logic of “but equal protection. But LOVE!” to protect plural marriage.

This is because fashionable people in urban areas think that same-sex marriage is cool. Fashionable people in urban areas do not think that that polygamy is cool. In fact, it’s downright icky to baby boomers. This preference that the intelligentsia have for gay marriage is obviously the reason that the court made the ruling that it did, and that’s the problem here.

The Supreme Court is only supposed to rule on questions of law, not questions of politics. Theoretically, judges aren’t supposed to have different rulings on otherwise identical issues because all the beautiful people agree that gay marriage is good but plural marriage is still kinda, you know, weird. Even if polygamists people are weirdos, they still fucking get equal protection.

This is the most worrying thing about a very broad interpretation of the law. We already have a legislature and an executive that exist to reflect the current fashions and tastes of the populace. We don’t need a judiciary to reflect the illogical dichotomies of public opinion with illogical interpretations of the law.

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The alignment of political media (updated)

Several months ago I put together a chart trying to estimate where media institutions lie on the political spectrum and reasonability spectrum. As a refresher:

  • The Y axis is has publications that are more reasonable/restrained up top and bombastic/insane lower.
  • The X axis is left-right.

I added The Daily Signal, New York Post, Spiked, IJ Review, Mic, Upworthy, New York Magazine, Crisis Magazine,The New Inquiry, The New Criterion, The Atlantic, and blogs, The Future Primaeval, Social Matter and Freddie DeBoer.

political grid new

I adjusted the position of others. Breitbart gained some reasonability points for being one of the few media outlets to cover gamergate in an honest fashion. The New Republic got pushed down due to its attempted transformation to a Salon-like click model and voice, causing an exodus of respectable staff.

Am I missing anything? Anything out of place? Leave a comment or tweet at @robert_mariani. Even blogs will be considered.

The slave morality of sexual liberation

In Lenin’s time, a considerable number of young Marxists eagerly awaited a post-revolutionary society where getting sex would be really really easy:

Youth’s altered attitude to questions of sex is of course ‘fundamental’, and based on theory. Many people call it ‘revolutionary’ and ‘communist’. They sincerely believe that this is so. I am an old man, and I do not like it. I may be a morose ascetic, but quite often this so-called ‘new sex life’ of young people and frequently of the adults too seems to me purely bourgeois and simply an extension of the good old bourgeois brothel. All this has nothing in common with free love as we Communists understand it. No doubt you have heard about the famous theory that in communist society satisfying sexual desire and the craving for love is as simple and trivial as ‘drinking a glass of water’. A section of our youth has gone mad, absolutely mad, over this ‘glass-of-water theory’. It has been fatal to many a young boy and girl. Its devotees assert that it is a Marxist theory. I want no part of the kind of Marxism which infers all phenomena and all changes in the ideological superstructure of society directly and blandly from its economic basis, for things are not as simple as all that. A certain Frederick Engels has established this a long time ago with regard to historical materialism.

Clearly Lenin wasn’t on board with it, but you get the idea that the desire for this type of sexual liberation was a peculiarly communist interest. I don’t think that the Tsar and his cronies had to worry about the supply of readily available sex. As every teen comedy has shown us, the inability to get laid is the mark of a loser. Communism is the revolt of the losers.

I definitely don’t subscribe to Nietzsche’s philosophy, but his concept of master-slave morality seems salient enough to (loosely) borrow. Slave morality is defined by the and values and wishes of an overworked peasant. A great illustration is the land of Cockaigne, depicted in the featured image of this article. From Wikipedia:

Cockaigne or Cockayne is a land of plenty in medieval myth, an imaginary place of extreme luxury and ease where physical comforts and pleasures are always immediately at hand and where the harshness of medieval peasant life does not exist. Specifically, in poems like The Land of Cockaigne, Cockaigne is a land of contraries, where all the restrictions of society are defied (abbots beaten by their monks), sexual liberty is open (nuns flipped over to show their bottoms), and food is plentiful (skies that rain cheeses). Writing about Cockaigne was a commonplace of Goliard verse. It represented both wish fulfillment and resentment at the strictures of asceticism and dearth.

…roasted pigs wander about with knives in their backs to make carving easy, where grilled geese fly directly into one’s mouth, where cooked fish jump out of the water and land at one’s feet. The weather is always mild, the wine flows freely, sex is readily available, and all people enjoy eternal youth.

All of this is what “good” is particularly from the perspective of someone with low-level physiological concerns.

For the man who doesn’t get laid, the most important thing about sex is how attainable it is. All other considerations are secondary. Increased supply of easy-access sex is the promise of sexual liberation. Some spillover is bound to happen, and the involuntary celibate wants to get splashed. He doesn’t care about the virtues of human sexuality higher up the pyramid as long as he is thirsty.

I’ve started calling this Mariani’s Law: In general, how keen someone is on sexual liberation and sex positivity is inversely proportional to how attractive that person is.

But are there virtues to sex beyond just having a lot of it? Faithful couples seem to think so, and for what it’s worth, so does the Catholic Church. Even from a utilitarian standpoint I think we need to look at this with some scrutiny. I bet that the average sexual encounter in Iran is hotter than than the average sexual counter in the United States, even though there’s more sexual encounters per capita in the US. The point is that there’s tradeoffs in changes of a society’s sexual mores. The side that favors quantity above all else are the “slaves.” The other side is concerned with values that transcend that calculation.

I’ve reaped the dividends of the sexual revolution, and in all probability it’s been a net gain. Sex is awesome per se, and that’s precisely why we don’t need a value system telling us that we should be promiscuous. That kind of value system doesn’t serve monogamous couples, it serves the sexually frustrated.

Awkward internet Marxists who get miffed about “slut shaming” definitely are at slave-level:

The only attacks worth listening to are the ones nobody hears

Last night I was checking out a #gamergate meetup where Milo Yiannopoulos and Christina Hoff Sommers were appearing at, taking place at a bar called Local 16. I walk up the stairs and see the crowd, and suddenly memories of Magic: the Gathering tournaments come rushing back to me. I leave early, only to find out that at 12:15 people are evacuated for a “fire drill” which turns out to be a bomb threat. The threat was made by a throwaway Twitter account and not by phone call.

A lot of people implicated Arthur Chu, who was making cryptic tweets beforehand:

He also sent a weird email to Local 16, trying to shame them for hosting what he calls “a right wing hate group.”

These are definitely the kinds of bizarre communications you’d expect from an ideological fanatic, but overheated rhetoric claiming that Arthur Chu made the bomb threat is ridiculous and everyone should know better. Almost as ridiculous is claiming that anyone would give their ideological opposition the much-coveted victim card to wear as a badge of martyrdom.

Someone who hates #gamergate making this bomb threat doesn’t make sense. Without specific knowledge, we can only deal with general knowledge of who has what kinds of incentives. I can see two possibilities. It was either a third-party prankster trying to stir up drama or a pro-gamergate figure trying to get a slice of his the victim pie for his comrades.

In either case, there is going to be a rude awakening. It’s going to be interesting to observe the complete asymmetry in mainstream coverage of this bomb threat. Even the least credible threats to anti-gamergate personalities get massive mainstream coverage. That just isn’t going to happen this time or any time that the ideologically misaligned are on the receiving end of such things. Bias isn’t always a conscious thing. It’s often expressed by what the editorial board isn’t thinking about. No amount of social media flailing is going to change that.

While everyone else on social media seem to take the most unfounded threats with the grace of a diving soccer player, what’s actually interesting are the quiet attacks. The website that I edit for, TechRaptor, has been DDoS’d four times. Nobody announced it. The only reason I know this is because the owner of the site told me privately. The perpetrators didn’t announce their evil intentions on social media. We also gets threats in the comments which are quickly and quietly removed. TechRaptor doesn’t malinger about it. That’s what it looks like when angry fanatics are genuinely trying to silence you. It looks like nothing.

I’ve been made an editor at TechRaptor – check them out!

TechRaptor has taken me on as an editor! The site is is a newcomer to the technology and gaming journalism scene, born in the wake of ethics scandals that you’ve probably heard about. That means their schtick is being consumer-centric rather than journalist-centric, and pro-ethics rather than pro-agenda. This should be the industry norm, but we don’t live in a perfect world. Follow TechRaptor on Twitter, add them to your RSS feed, and spread the word!