So yesterday, I was watching CNN to see what’s happening in the world… and apparently, the answer is: jackassery.
Apparently, the Florida legislature is spending its time dreaming up unnecessary law, just for the fun of it.
Back in July, a pediatrician, during a routine well-visit, asked a child’s mother whether guns were kept in their home. When the mother refused to answer, citing that “guns have nothing to do with health”, the doctor told her that she had to find another pediatrician. Naturally, the Florida legislature cannot stand by while doctors act so irresponsibly. And the only appropriate response was certainly to draft a law that makes it a FELONY for any doctor to even inquire about gun ownership. The law goes on to set the penalty as up to five years in prison or a fine up to $5,000,000.00. Yep. I’m serious. Under this law, a doctor would be put in jail for asking about gun safety, or for refusing to treat patients who won’t answer gun-safety-related questions.
Last I checked, doctors weren’t buses, and they didn’t have to accept every patient that comes through their doors… but I was intrigued by this case, so I listened intently as a proponent of the law explained his reasoning.
According to the Florida Congressman, this law is absolutely necessary to protect people’s “right to privacy”.
Mmm hmm.
It would be great if professional lawmakers had an understanding of the American government akin to, say, your average tenth-grader… but hey, who am I to criticize?
Here’s the thing, jackasses…. You don’t have a “right to privacy” with respect to private individuals. Americans DO have a “right to privacy” with respect to government interference. You know that whole Bill of Rights thing? Yeah, well in the First Amendment (yes, that’s the freedom of speech one, but stay tuned), it has some language that, over the years, has been interpreted by the Supreme Court to create a right to privacy. That means that if the Federal Government makes a law that intrudes on a private matter, that law will usually be struck down. What counts as a “private matter” changes over time, but traditionally, has encompassed things such as sex between married people, contraception, abortion and schooling one’s children. Not to get overly technical, but because of the 14th Amendment, state governments also have to play by the rules when it comes to making laws, and they too have to stay away from making laws that abridge privacy too much.
So, yeah… what part of a doctor asking about guns has anything to do with the “right to privacy”? Unless the doctor was some sort of agent of the state, the First Amendment has absolutely nothing to do with this situation.
I wonder how the Florida legislature would feel about my neighbor asking me what kind of birth control I use. Would that also be a criminal offense? Or how about if my friend asks me how much money I have in the bank? Jailtime? Really?
People ask private questions all the time. If you don’t like it, don’t answer them. It’s that simple. If they choose not to be your friend after you refuse to answer, then tough noogies. That’s how you learn what questions to ask and not ask. It’s called Social Darwinism, folks. Those who learn how to interact have friends, and those who don’t end up being eaten by cats.
And hey, guess what else? We already have this whole civil law system that allows you to sue someone who’s done something to invade your privacy in such a way as to cause you damages. If someone digs into your dirt and somehow hurts you as a result, you can always sue them for the tort. It’s pretty unlikely that you’d win a tort lawsuit based on a doctor’s asking you questions for the purpose of protecting your kid’s safety – but hey, if the question alone somehow causes you to suffer physical injury or economic damages, sue away!
So what, exactly, then, is the point of this Florida law? According to the Congressman, it was to “discourage” doctors from asking such intensely personal questions as “do you keep a loaded gun within reach of your toddler?”. Yeah, that’s a good idea. Let’s discourage doctors from asking whether you have a fence around your pool, whether you use a car seat, whether you have lead paint in your house, and whether you smoke next to your newborn. In fact, why stop there? Let’s also prohibit doctors from asking questions about your kid’s eating habits, sleeping habits, and toilet habits. That way, you can walk in to a pediatrician’s office, have him diagnose your two-year old without any input at all from you, and you can leave with a prescription for Amoxicillin, Accutane and Aderall. Privacy is clearly the paramount concern when dealing with medical diagnoses.
Whether you agree that doctors should ask about guns or not isn’t really the issue here. My point is this: if the gun lobbyists can afford to get this law put on the books, why can’t they afford to hire someone who understands the American legal system to back it up?