Wednesday, January 2, 2008

[BDSM-LegalIssues] Re: New book -- good but disturbing

--- In BDSM-LegalIssues@yahoogroups.com, "Malcolm Weir" <malc@...> wrote:
>
> > -----Original Message-----
> > From: cadenas_sd
> > Sent: Tuesday, January 01, 2008 10:19 PM
>
> > What is left is you *defending* these policies. And that may
> > have happened in the heat of the discussion.
>
> I'd point out that NO-ONE, not you, and not Wiseman, has offered
> much of an alternative.

How about just simply saying "my job is to enforce these policies even
though I disagree with them" rather than emphatically stating that she
advocates these policies.

> > Leigha, can you state unequivocally "I believe it is
> > inappropriate for employers to use any arrest for an
> > allegation of a sexual offense to make personnel decisions
> > before a trial has been completed?"
>
> Cadenas, can _you_ state unequivocally "I believe that empoyers
> should be required to retain an employee charged with the most
> opprobrius of crimes for as long as it takes to fully adjudicate
> such charges no matter what publicity may occur"?

You are building a straw man here. I asked "use any arrest to make a
decision". How did you arrive here at "required to retain" is a
mystery to me. Nobody asked for that! The point is simply that an
arrest is not evidence of wrongdoing and should not be a factor in the
decision.

> > Can you state unequivocally that you will work towards law
> > changes that will outlaw using any arrest record for sexual
> > offenses for personnel decisions?
>
> That's just offensive, Cadenas. Why should _anyone_ agree to "work
> towards" anything just because you want them to?

How about, because that's why the NCSF exists?

From the NCSF Mission statement:

>>
The National Coalition for Sexual Freedom is a national organization
committed to creating a political, legal, and social environment in
the United States that advances equal rights of consenting adults who
practice forms of alternative sexual expression.
<<

> > Can you state unequivocally, regardless of your employer's
> > actual policies, that the NCSF, and you personally, believe
> > that the arrest records for the following people should not
> > be used for any personnel
> > decisions:
> >
> > - The San Diego Six
> > - Genarlow Wilson
> > - Lawrence and Garner (of Lawrence v Texas)
>
> If you'd pause your rush to (mis-)judgment, maybe you'd notice that
> perhaps hiring (say) one of the SD Six as a child care specialist in
> a conservative community may not make good commercial sense, never
> mind the social justice issue?

Your viewpoint is certainly legitimate, and I don't have a problem
with it since you are, as far as I know, not affiliated with the NCSF.

But in the case of Leigha, that's exactly the whole point of the
matter! The NCSF claims to work towards eliminating exactly that kind
of "commercial-sense" based discrimination. At least I thought so
until I read her comments here.

Again, from the NCSF Mission statement:

>>
The National Coalition for Sexual Freedom is a national organization
committed to creating a political, legal, and social environment in
the United States that advances equal rights of consenting adults who
practice forms of alternative sexual expression.
<<

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