Longstanding social norms on matters like gay rights are no longer presumed to be correct. For better and worse, our current era requires actual reasoned debate.
As surely as the sun rises and sets and the waves crash and recede, gay-rights advocates insist that laws against sodomy and same-sex marriage unjustly transgress against liberty, and a subset of social conservatives invariably respond with hypotheticals about the practice of bestiality. Relations with animals comes up less frequently in mass media than they once did. But it's hardly unusual, even now, to hear some version of this argument: If the Constitution really forbade us from restricting marriage to opposite-sex couples, if justice really militated against outlawing sodomy, under what authority could we stop people from marrying or having sex with their dogs?
In Rod Dreher's writing on same-sex marriage, the arguments "against" are generally far more sophisticated and free of bigotry. I mention his name here because he's drawn the attention of his loyal readers, myself among them, to an unusual court case involving a man and his affection for a mini-donkey. It is, he quips, "on the vanguard of the fight for sexual liberation and autonomy."
Lawyers representing a
Marion County man accused of sexual activity with a miniature donkey
have filed a motion asking a judge to declare the Florida statute
banning sexual activities with animals unconstitutional. Carlos R. Romero, 32,
declared last week that he wanted to take his case to trial. He is
accused of sexual activities involving animals, a first-degree
misdemeanor, after he allegedly was found in a compromising position in
August with a female miniature donkey named Doodle .... The attorneys claim that the
statute deprives Romero of his "personal liberty and autonomy when it
comes to private intimate activities."
... The attorneys add that the
statute doesn't require that the state prove any harm or injury to the
animal "or any proof of the sexual activity being non-consensual. Therefore,
the only possible rational basis for the statute is a moral objection
to sexual acts considered deviant or downright 'disgusting,'" they
wrote. Using religion or
the overall consensus of the public that sexual activity with an animal
is wrong as the basis of a law is unjustified and bars Romero's personal
liberties, the attorneys argued.
personal morals of the majority, whether based on religion or
traditions, cannot be used as a reason to deprive a person of their
personal liberties," the attorneys wrote. "If the statute were to
require sexual conduct with animals to be nonconsensual or to cause
injury in order to be a crime, then perhaps the State would have a
rational basis and legitimate state interest in enforcement."
Now, why does the state have the right to tell young Romero that he
may not pleasure himself in the presence of his miniature donkey? It
appears that he never actually violated Doodle's, uh, person: "Romero admitted that he gets sexually aroused around
animals more so than humans and allegedly masturbated with Doodle in his
room. He claimed that he would have had sex with the miniature donkey
eventually, but that she wasn't ready and was 'blooming into maturity.'" The stable swain never laid a hand on that donkey, yet the state is prosecuting him for his amour impropre.
According to liberal and libertarian ideas of sexual autonomy and the
law, why should Romero and Doodle's outlaw love be illegal?
The defendant's own attorney all but provided the answer. "If the statute were to require sexual conduct with animals to be nonconsensual or to cause injury in order to be a crime," he noted, "then perhaps the State would have a rational basis and legitimate state interest in enforcement." I'd insist, along with a lot of libertarians, that any sex with animals is in fact nonconsensual, and that outlawing it should be entirely unobjectionable to right-thinking liberals and libertarians. (I'd add that if self-pleasure in the mere presence of animals is a crime, we'd better start building prisons to house all the dog and cat owners whose pets witness their otherwise private moments.)
It seems to me that Dreher isn't really troubled by an inability to come up with a rational argument for outlawing bestiality so much as he's troubled by the notion that doing so is now necessary. I may be presuming too much. But whatever his individual feelings, his reaction here reminds me of all the people who argued, during the gay-marriage debate, that marriage just is between a man and a woman. The mere notion of being asked to provide any more argument troubled them. And in a way, I understand why. I imagine they feel the same way that I do sometimes when the subject of torture or killing innocents with drones come up in public discourse.
A part of me is troubled by the sudden need to offer rational arguments for propositions that, by my lights, ought to be settled. Forced to articulate my half-formed interior monologue, it might go something like this: For generations our social and legal norms have held torture to be self-evidently abhorrent, and now John Yoo comes along with his Dick Cheney-directed sophistries on executive power and his unapologetic testicle-crushing apologia! I fear for my country if questions as basic as "Is testicle crushing permissible?" are suddenly matters of partisan debate, for long-established norms on subjects like these, solidified over decades, are far better safeguards in any discrete historical moment than our ability to reach rational conclusions via national debate.
Of course, I simultaneously accept the reality that there's no escaping these arguments. Social norms are a bulwark against change, not a guarantee that it won't happen, and for good reason. All manner of terrible evils were once regarded as self-evident propositions. If social conservatives are to wield any influence at all in American culture, they'd do well to accept the fact that they no longer possess the clout to enforce their notions of what is right via mere norms. As liberals begin to shape norms in more areas, they might even find themselves regularly frustrated by antagonists who don't feel the need to answer critiques with reasoned arguments.
It can be hard to make the transition from assumption to argument.
Long before gay marriage became a mainstream cause, Andrew Sullivan debated the subject with conservative Harvard Professor Harvey Mansfield, an exchange he revisited Thursday at The Dish:
At one point, Harvey simply said (I'm paraphrasing), "If we cannot disapprove of homosexuality, then what can we disapprove of?" The huge student crowd -- over a thousand in Sanders Theater -- audibly gasped. The assumption that homosexuality was obviously a profoundly immoral and disgusting thing was what separated the generations. I asked Harvey to make an argument that wasn't based on a mere assumption, that could show why non-procreative sex for a gay couple was somehow obviously abhorrent, while non-procreative sex for a straight couple was completely accepted (i.e. through contraception). He couldn't. And since that moment, I think it's fair to say, his position has softened a little.
In the space of a generation, homosexual acts were indeed transformed (in the eyes of mainstream culture) from abhorrent, disgusting acts of perversion to acts treated just like non-procreative straight sex. I've long been persuaded that the mainstreaming of homosexuality is a happy development indeed. I worry not at all that human-animal trysts and marriages are at the end of a slippery slope onto which we've stepped. But I am nevertheless capable of making persuasive arguments against sex with animals and all manner of other practices I regard as properly prohibited.
With all due respect, I insist that my practiced arguments are going to prove a far more effective safeguard than fretting social conservatives who keep insisting, though I can't believe they really think so, that Americans have moved beyond any rational arguments that would prevent widespread sexual relationships with dogs, goats, mini-donkeys, siblings, and who knows what else, to cite just one of the slippery slopes about which many of them say they worry.
All manner of social norms are eroding, and no doubt some of them are valuable. If we're to preserve even them, it is more urgent than ever to refine rational arguments for doing so. The fear that no such persuasive arguments remainis as self-defeating a notion as there is in politics today.
Conor Friedersdorf is a staff writer at The Atlantic, where he focuses on politics and national affairs. He lives in Venice, California, and is the founding editor of The Best of Journalism, a newsletter devoted to exceptional nonfiction.
Even when they’re adopted, the children of the wealthy grow up to be just as well-off as their parents.
Lately, it seems that every new study about social mobility further corrodes the story Americans tell themselves about meritocracy; each one provides more evidence that comfortable lives are reserved for the winners of what sociologists call the birth lottery. But, recently, there have been suggestions that the birth lottery’s outcomes can be manipulated even after the fluttering ping-pong balls of inequality have been drawn.
What appears to matter—a lot—is environment, and that’s something that can be controlled. For example, one study out of Harvard found that moving poor families into better neighborhoods greatly increased the chances that children would escape poverty when they grew up.
While it’s well documentedthat the children of the wealthy tend to grow up to be wealthy, researchers are still at work on how and why that happens. Perhaps they grow up to be rich because they genetically inherit certain skills and preferences, such as a tendency to tuck away money into savings. Or perhaps it’s mostly because wealthier parents invest more in their children’s education and help them get well-paid jobs. Is it more nature, or more nurture?
The Islamic State is no mere collection of psychopaths. It is a religious group with carefully considered beliefs, among them that it is a key agent of the coming apocalypse. Here’s what that means for its strategy—and for how to stop it.
What is the Islamic State?
Where did it come from, and what are its intentions? The simplicity of these questions can be deceiving, and few Western leaders seem to know the answers. In December, The New York Times published confidential comments by Major General Michael K. Nagata, the Special Operations commander for the United States in the Middle East, admitting that he had hardly begun figuring out the Islamic State’s appeal. “We have not defeated the idea,” he said. “We do not even understand the idea.” In the past year, President Obama has referred to the Islamic State, variously, as “not Islamic” and as al-Qaeda’s “jayvee team,” statements that reflected confusion about the group, and may have contributed to significant strategic errors.
On “Back to Back Freestyle” and “Charged Up,” the rapper forgoes the high road in his beef with Meek Mill.
Once upon a time, Drake made a vow of silence. “Diss me, you'll never hear a reply for it,” he said on “Successful,” the 2009 song in which the Toronto rapper correctly predicted he’d soon be superwealthy. This week, Drake has broken his vow twice over, a fact about which he seems conflicted. “When I look back,” he says on the new track “Back to Back Freestyle,” “I might be mad that I gave this attention.”
“This” is the beef started by the 28-year-old Philadelphia rapper Meek Mill, who recently tweeted accusations that Drake doesn’t write his own material. Depending on who you talk to or how you look at it, this is either a big deal or no deal at all. On Instagram, Lupe Fiasco had a good take: “Ghostwriting, or borrowing lines, or taking suggestions from the room has always been in rap and will always be in rap. It is nothing to go crazy over or be offended about unless you are someone who postures him or herself on the importance of authenticity and tries to portray that quality to your fans or the public at large. Then we might have a problem.”
Jim Gilmore joins the race, and the Republican field jockeys for spots in the August 6 debate in Cleveland.
After decades as the butt of countless jokes, it’s Cleveland’s turn to laugh: Seldom have so many powerful people been so desperate to get to the Forest City. There’s one week until the Republican Party’s first primary debate of the cycle on August 6, and now there’s a mad dash to get into the top 10 and qualify for the main event.
With former Virginia Governor Jim Gilmore filing papers to run for president on July 29, there are now 17 “major” candidates vying for the GOP nomination, though that’s an awfully imprecise descriptor. It takes in candidates with lengthy experience and a good chance at the White House, like Scott Walker and Jeb Bush; at least one person who is polling well but is manifestly unserious, namely Donald Trump; and people with long experience but no chance at the White House, like Gilmore. Yet it also excludes other people with long experience but no chance at the White House, such as former IRS Commissioner Mark Everson.
The Vermont senator’s revolutionary zeal has met its moment.
There’s no way this man could be president, right? Just look at him: rumpled and scowling, bald pate topped by an entropic nimbus of white hair. Just listen to him: ranting, in his gravelly Brooklyn accent, about socialism. Socialism!
And yet here we are: In the biggest surprise of the race for the Democratic presidential nomination, this thoroughly implausible man, Bernie Sanders, is a sensation.
He is drawing enormous crowds—11,000 in Phoenix, 8,000 in Dallas, 2,500 in Council Bluffs, Iowa—the largest turnout of any candidate from any party in the first-to-vote primary state. He has raised $15 million in mostly small donations, to Hillary Clinton’s $45 million—and unlike her, he did it without holding a single fundraiser. Shocking the political establishment, it is Sanders—not Martin O’Malley, the fresh-faced former two-term governor of Maryland; not Joe Biden, the sitting vice president—to whom discontented Democratic voters looking for an alternative to Clinton have turned.
Today's cities may be more diverse overall, but people of different races still don’t live near each other.
Nearly 50 years ago, after a string of race-related riots in cities across America, President Lyndon B. Johnson commissioned a panel of civic leaders to investigate the underlying causes of racial tension in the country.
The result was the Kerner Report, a document that castigated white society for fleeing to suburbs, where they excluded blacks from employment, housing, and educational opportunities. The report’s famous conclusion: “Our nation is moving toward two societies, one black, one white—separate and unequal.”
Much of America would like to believe the nation has changed since then. The election of a black President was said to usher in a “post-racial era.” Cheerios commercials nowfeature interracial couples. As both suburbs and cities grew more diverse, more than one academic study trumpeted theend of segregation in American neighborhoods.
During the multi-country press tour for Mission Impossible: Rogue Nation, not even Jon Stewart has dared ask Tom Cruise about Scientology.
During the media blitz for Mission Impossible: Rogue Nation over the past two weeks, Tom Cruise has seemingly been everywhere. In London, he participated in a live interview at the British Film Institute with the presenter Alex Zane, the movie’s director, Christopher McQuarrie, and a handful of his fellow cast members. In New York, he faced off with Jimmy Fallon in a lip-sync battle on The Tonight Show and attended the Monday night premiere in Times Square. And, on Tuesday afternoon, the actor recorded an appearance on The Daily Show With Jon Stewart, where he discussed his exercise regimen, the importance of a healthy diet, and how he still has all his own hair at 53.
Stewart, who during his career has won two Peabody Awards for public service and the Orwell Award for “distinguished contribution to honesty and clarity in public language,” represented the most challenging interviewer Cruise has faced on the tour, during a challenging year for the actor. In April, HBO broadcast Alex Gibney’s documentary Going Clear, a film based on the book of the same title by Lawrence Wright exploring the Church of Scientology, of which Cruise is a high-profile member. The movie alleges, among other things, that the actor personally profited from slave labor (church members who were paid 40 cents an hour to outfit the star’s airplane hangar and motorcycle), and that his former girlfriend, the actress Nazanin Boniadi, was punished by the Church by being forced to do menial work after telling a friend about her relationship troubles with Cruise. For Cruise “not to address the allegations of abuse,” Gibney said in January, “seems to me palpably irresponsible.” But in The Daily Show interview, as with all of Cruise’s other appearances, Scientology wasn’t mentioned.
Three decades after the FBI launched a revolutionary system to catch repeat offenders, it remains largely unused.
QUANTICO, Virginia—More than 30 years ago, the Federal Bureau of Investigation launched a revolutionary computer system in a bomb shelter two floors beneath the cafeteria of its national academy. Dubbed the Violent Criminal Apprehension Program, or ViCAP, it was a database designed to help catch the nation’s most violent offenders by linking together unsolved crimes. A serial rapist wielding a favorite knife in one attack might be identified when he used the same knife elsewhere. The system was rooted in the belief that some criminals’ methods were unique enough to serve as a kind of behavioral DNA—allowing identification based on how a person acted, rather than their genetic make-up.
Equally as important was the idea that local law-enforcement agencies needed a way to better communicate with each other. Savvy killers had attacked in different jurisdictions to exploit gaping holes in police cooperation. ViCAP’s “implementation could mean the prevention of countless murders and the prompt apprehension of violent criminals,” the late Senator Arlen Specter wrote in a letter to the Justice Department endorsing the program’s creation.
“If nobody respected the Taliban leadership anymore,” said one analyst, “then you have no one to talk to.”
Reports on Wednesday that reclusive Taliban leader Mullah Omar had died will be rightly hailed by some as the demise of an American nemesis. But the death of the one-eyed Afghan commander may also scuttle the most promising peace talks in Afghanistan in a decade.
Omar’s direct role in day-to-day Taliban operations had been declining for years, according to Western diplomats in Afghanistan. Even if he is alive, the former leader of Afghanistan is believed to be severely ill.
But the myth that surrounds Omar is a key element in determining whether peace talks can succeed. With the Islamic State and other jihadist groups vying for the loyalty of young Taliban fighters, it is unclear whether any leader except Omar can hold the movement together and then get its members to accept a peace settlement.
When a young person dies unexpectedly, his or her family could end up with the burden of paying off student loans. Can that be avoided?
What would happen to all of your debt if you died?
That’s a morbid question, but it’s a pretty important one, even for young adults. Back in 2012, ProPublica told the story of Francisco Reynoso, a gardener from Palmdale, California, whose son was killed in a car accident on the way home from a job interview. Reynoso, who made $21,000 a year, was held liable for paying off his son’s student-loan debt, which numbered in the six figures.
Reynoso’s story is, unfortunately, not a unique one. Millennials are the most educated generation yet, but with all those degrees has come a mountain of debt. On top of that, a shaky economy and changing views of work mean many young adults are working as freelancers or contractors, positions that often don’t come with the benefits that can help families cope with financial burdens should something bad happen.