• The Slippery Slope of the Hobby Lobby Fallout

    Earlier this year, the U.S. Supreme Court ruled in the Hobby Lobby case that a closely-held for-profit company could use their religious beliefs as a reason to refuse to pay for birth control their employees. I think the court was 100% wrong in this decision and I’m annoyed that it’s probably going to take us decades to undo the damage this ruling is going to cause.

    Hey, You Got Your Church In My State! by David Goehring from Flickr (Creative Commons License)
    Hey, You Got Your Church In My State! by David Goehring from Flickr (Creative Commons License)

    I’m a huge advocate for the separation of church and state and the notion that people can have whatever religious beliefs they want, as long as they don’t try to inflict them on others. This ruling crosses that line. If the federal government passed a law that says companies with 50 employees or more have to provide certain health insurance to employees and a company doesn’t like it, their options should have been to pay the penalty for violating the law or shrink their company so the law wouldn’t apply to them, not getting an exception based on religious beliefs.

    This week I read about a similar case – a pharmacy in Washington State wants to refuse on religious grounds to stock and dispense Plan B (the morning after pill) even though all pharmacies are mandated by state law to carry it.

    Here’s my take on these situations – laws should be passed for the good of the general public. If you don’t like a law, don’t put yourself in a situation where you have to abide by it. If you’re a pharmacist who dislikes your state’s laws about what products you have to carry, get out of the business or move to a state that doesn’t have that requirement.

    There are plenty of laws that I don’t like but I accept that I have to follow them or accept the penalty if I get caught breaking them. I can try to get the law changed, but until that happens, I’m stuck with them.

    Having legally recognized exceptions written into laws is one thing, but giving people the ability to refuse to follow the law based on religious beliefs is a slippery slope. When I was an undergrad, I was furious to learn that a pharmacist at the student health center wasn’t filling prescriptions for the morning after pill because of her religious beliefs so students could only get that prescription filled when she wasn’t working. She should have been fired for that. What’s next – a clerk at a sex shop telling his boss that he’s ok with selling sex toys but he can’t sell porn because it violates his religion? Or a biblical literalist who works at a department store who claims she can’t ring up customers who buy garments made of more than one fabric?

    If I had to claim a religion, I’d say it’s Wheaton’s Law (“Don’t be a dick”). As a business owner, I get to handpick who I do business with, and I don’t work with clients who are dicks. But if there was a law that said I had to, I’d look for a way to change my business to get out of it or make it worth my while. However, if I was ever someone’s employee again, I would never get away with that. If I refused a direct order from my superior, claiming that dealing with dicks violated my religious beliefs, I’d expect to be fired.

    (Mental note: If business owners and employees are allowed to violate or get exceptions to the law based on religious beliefs, I need to start documenting my sincerely held religious beliefs which are not affiliated with any official religion so I can use them to get my way when it suits me.)

  • Dealing with the Lawyer Stereotype

    The legal profession has an image problem. One of the reasons why lawyer jokes are funny is because there is a kernel of truth to them. When you hear about lawyers on the news, it’s related to a newsworthy case or lawyers who did something severely unethical or illegal. These are the lawyers who are painting the picture of the profession.

    And here’s what it looks like. I posted a simple question on Facebook and Reddit: “When you hear the word “lawyer” what phrases, stereotypes, gut reactions, or ideas come to mind?” Here are some of the responses I got:

    Jerk Center by Sarah_Ackerman
    Jerk Center by Sarah_Ackerman from Flickr (Creative Commons License)

    Gladiators
    Addicts
    Selfish
    Expensive
    Rip off
    Money grubbers
    Dishonest
    Smart
    Patronizing
    Insensitive
    Sharks
    Narcissists
    Power-hungry
    Slick
    Ambulance chaser
    Snakes
    I won’t be in a hurry to be friends with them, but I’d rather them be friends than enemies.
    They’ll do whatever it takes to lie for their client, even if it means letting a murderer go free, as long as their paid.
    Always synonymous with human filth

    A lot of these responses came from my Facebook friends – people who like me and know what I do for a living.

    Sometimes I forget that there’s a nasty stereotype associated with the legal profession. I’m reminded of it when I do speaking engagements where I get feedback like this:

    • “I have heard several students say that it was the most helpful lecture they have attended. I also heard that they really enjoyed having a lawyer that added life to the room!”
    • “I feared it was going to be boring, but I figured it’d be like eating broccoli: Not fun, but good for you. I was delighted by Ruth’s presentation. She was engaging and funny – like eating broccoli covered in delicious queso.”
    Shark Car Ornament by peggydavis66 from Flickr (Creative Commons License)
    Shark Car Ornament by peggydavis66 from Flickr (Creative Commons License)

    I know I’m not a typical lawyer in terms of personality and hobbies, but I forget that it is strikingly different than what a lot of people think of when they think of a lawyer. Even though I don’t fit the stereotype, I don’t see myself as that different from my counterparts in regards to work ethic, an enjoyment of the law, and a desire to help people – the things that really matter to potential clients.

    So what’s the solution to the awful lawyer stereotype? I don’t know. The only thing I can think of is since we’re a self-regulating profession, we should have an expectation that we all follow Wheaton’s Law (“Don’t be a dick”). We shouldn’t tolerate arrogance, narcissism, or insensitivity in our dealings with our clients or each other. I wish more law schools would reject applicants and law firms would turn down candidates or fire people for being jerks. I don’t know what else we can do to show that the lawyers who make it on the news are the exception and not the rule for what it means to be a lawyer.

    I was pleased to see that a few responses to my question that showed not everyone hates lawyers. One said a lawyer is a “[t]rusted advisor, hopefully.” Another said we’re the “[d]efenders of the weak.” At least some people know we’re not all bad.

    See also: Lawyers’ Bad Reputations Start with Arrogant Law Students.

  • The Arizona legislature passed SB 1062/HB 2153 last week. They call it a law to protect your right to “exercise your religion” but what it really does is give businesses the ability not to do business with someone if it violates their “religious beliefs.” What it does is give businesses the ability not to do business with members of the LGBT community.

    My Wheaton's Law T-Shirt
    My Wheaton’s Law T-Shirt

    This law is fucked up on a lot of levels. While so many states and cities are legalizing same-sex marriage and updating anti-discrimination laws to include sexual orientation and gender identity, Arizona is moving backwards and trying to legalize segregation. It’s frustrating that the majority of the Arizonans oppose this proposed law, including several business organizations, but an influential minority was able to push it through both houses.

    Here’s what’s really fucked up about this law – your “religious beliefs” don’t have to be affiliated with any officially recognized religion;” they only have to be your sincerely held religious beliefs.

    I’m pretty agnostic but I do have some firmly held beliefs that are as dear to me as some religions are to others. One of those beliefs is Wheaton’s Law – “Don’t be a dick.” This rule was created by actor-author-gamer Wil Wheaton to encourage good sportsmanship during online gaming, and it has spread to and been adopted in everyday life. If you want your own Wheaton’s Law t-shirt, it’s available online.

    Sign at Rocco's Little Chicago Pizzeria
    Sign at Rocco’s Little Chicago Pizzeria

    And yes, just because Wheaton’s Law isn’t affiliated with any official religion or culture that requires some type of worship practice, it doesn’t mean it can be a religious belief. According to Dictionary.com, a religion is merely, “a set of beliefs concerning the cause, nature, and purpose of the universe, especially when considered as the creation of a superhuman agency or agencies, usually involving devotional and ritual observances, and often containing a moral code governing the conduct of human affairs.” Note that superhuman agency and ritual observances are not required; therefore, Wheaton’s Law can be a religious belief.

    Open to everyoneSo if Governor Brewer signs this bill into law, it will give me, and anyone else who considers Wheaton’s Law to be part of their religion, the ability to refuse to do business with anyone who acts like a dick. This will include any members of Arizona Senate and House of Representatives who voted in favor of this discriminatory law. I wonder how fast they would change their stance on this law if suddenly their grocery store, gas station, salon, landscapers, golf course, gym, neighborhood bar, and the private school where they send their kids refused to do business with them. (Hat tip to Rocco’s Little Chicago Pizzeria for posting a sign that says they refuse to do business with Arizona Legislators after this bill passed.)

    Some groups, like One Community, are taking the high road and saying that all are welcome to do business with them and encouraging others to do the same. And good for them – I’m too pissed off to be the bigger man on this one.

    Please contact Governor Brewer’s office and tell her to veto this hellaciously discriminatory bill. You can call her at 602-542-4331 or 520-628-6580. You can also sign the petition about SB 1062 on Change.org.

    [Note: I sent Wil Wheaton an email about claiming Wheaton’s Law as a religious belief if SB 1062 is signed. He didn’t respond so I interpreted that to mean that he didn’t object – at least not enough to tell me about it. I mean no disrespect to Wil Wheaton or Wheaton’s Law with this post.]