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.
Hillary Clinton and Donald Trump prepare for the final sprint to Election Day.
It’s Thursday, October 27—the election is now less than two weeks away. Hillary Clinton holds a lead against Donald Trump, according to RealClearPolitics’ polling average. We’ll bring you the latest updates from the trail as events unfold. Also see our continuing coverage:
I generally enjoy milk chocolate, for basic reasons of flavor and texture. For roughly the same reasons, I generally do not enjoy dark chocolate. *
Those are just my boring preferences, but preferences, really, won’t do: This is an age in which even the simplest element of taste will become a matter of partisanship and identity and social-Darwinian hierarchy; in which all things must be argued and then ranked; in which even the word “basic” has come to suggest searing moral judgment. So IPAs are not just extra-hoppy beers, but also declarations of masculinity and “palatal machismo.” The colors you see in the dress are not the result of light playing upon the human eye, but rather of deep epistemological divides among the world’s many eye-owners. Cake versus pie, boxers versus briefs, Democrat versus Republican, pea guac versus actual guac, are hot dogs sandwiches … It is the best of times, it is the RAGING DUMPSTER FIRE of times.
Services like Tinder and Hinge are no longer shiny new toys, and some users are starting to find them more frustrating than fun.
“Apocalypse” seems like a bit much. I thought that last fall when Vanity Fair titled Nancy Jo Sales’s article on dating apps “Tinder and the Dawn of the ‘Dating Apocalypse’” and I thought it again this month when Hinge, another dating app, advertised its relaunch with a site called “thedatingapocalypse.com,” borrowing the phrase from Sales’s article, which apparently caused the company shame and was partially responsible for their effort to become, as they put it, a “relationship app.”
Despite the difficulties of modern dating, if there is an imminent apocalypse, I believe it will be spurred by something else. I don’t believe technology has distracted us from real human connection. I don’t believe hookup culture has infected our brains and turned us into soulless sex-hungry swipe monsters. And yet. It doesn’t do to pretend that dating in the app era hasn’t changed.
Even as the Republican launches a purported African American outreach campaign 12 days before the election, his aides say their goal is to depress turnout in the bloc.
It would be unfair to call Donald Trump’s interaction with black voters a love-hate relationship, since there’s little evidence of African American enthusiasm for Trump. But the Republican campaign has pursued a Janus-like strategy on black voters—ostensibly courting them in public while privately seeking to depress turnout.
This tension is on display in the last 24 hours. On Wednesday, Trump delivered a speech in Charlotte, North Carolina, advertised as an “urban renewal agenda for America’s inner cities.” Trump told the audience, “It is my highest and greatest hope that the Republican Party can be the home in the future and forevermore for African Americans and the African American vote because I will produce, and I will get others to produce, and we know for a fact it doesn’t work with the Democrats and it certainly doesn’t work with Hillary.”
Political, social, and demographic forces in the battleground of North Carolina promise a reckoning with its Jim Crow past.
In 1901, America was ascendant. Its victory over Spain, the reunification of North and South, and the closing of the frontier announced the American century. Americans awaited the inauguration of the 57th Congress, the first elected in the 20th century. All the incoming members of Congress, like those they replaced, were white men, save one.
Representative George Henry White did not climb the steps of Capitol Hill on the morning of January 29 to share in triumph. The last black congressman elected before the era of Jim Crow, White, a Republican, took the House floor in defeat. He had lost his North Carolina home district after a state constitutional amendment disenfranchised black voters—most of his constituents. That law marked the end of black political power in North Carolina for nearly a century.
Electroconvulsive therapy is far more beneficial—and banal—than its torturous reputation suggests.
For a boy who needs routine, this day is off to a bad start. It’s early, just before 8 a.m., and unseasonably warm for June. Kyle, 17, has been up since 6:20 a.m., which isn’t all that unusual. But already, enough has happened to throw him off balance. His mother has driven him to Johns Hopkins University, in Baltimore, as she does every week. But today she is wearing makeup and fancy clothes rather than her usual exercise gear. When they get to the hospital, the hallway is not empty as it usually is, and his mother walks away from him to talk to someone else.
A century ago, widely circulated images and cartoons helped drive the debate about whether women should have the right to vote.
It seems almost farcical that the 2016 presidential campaign has become a referendum on misogyny at a moment when the United States is poised to elect its first woman president.
Not that this is surprising, exactly.
There’s a long tradition of politics clashing spectacularly with perceived gender norms around election time, and the stakes often seem highest when women are about to make history.
Today’s political dialogue—which often merely consists of opposing sides shouting over one another—echoes another contentious era in American politics, when women fought for the right to vote. Then and now, a mix of political tension and new-fangled publishing technology produced an environment ripe for creating and distributing political imagery. The meme-ification of women’s roles in society—in civic life and at home—has been central to an advocacy tradition that far precedes slogans like, “Life’s a bitch, don’t elect one,” or “A woman’s place is in the White House.”
The best treatment for obsessive-compulsive disorder forces sufferers to confront their fears. But for many patients, the treatment is far out of reach.
Some days, Molly C.’s brain insists she can’t wear her work shirt. She realizes this is irrational; a uniform is required for her job at a hardware store. Nevertheless, she’s addled by an eerie feeling—like, “If you wear this shirt, something bad will happen today.” Usually she can cope, but a few times she couldn’t override it, and she called in sick.
She can’t resist picking up litter whenever she spots it; the other day she cleaned up the entire parking lot of her apartment complex. Each night, she must place her phone in an exact spot on the nightstand in order to fall asleep. What’s more, she’s besieged by troubling thoughts she can’t stop dwelling on. (She asked us not to use her last name in order to protect her privacy.)
A dustup between Megyn Kelly and Newt Gingrich shows why Donald Trump and the Republican Party are struggling to retain the support of women.
The 2016 presidential campaign kicked off in earnest with a clash between Megyn Kelly and Donald Trump over gender and conservatism at the first GOP debate, and now there’s another Kelly moment to bookend the race.
Newt Gingrich, a top Trump surrogate, was on Kelly’s Fox News show Tuesday night, jousting with her in a tense exchange stretching over nearly eight minutes. Things got off to a promising start when Gingrich declared that there were two “parallel universes”—one in which Trump is losing and one in which he is winning. (There is data, at least, to support the existence of the former universe.) After a skirmish over whether polls are accurate, Kelly suggested that Trump had been hurt by the video in which he boasts about sexually assaulting women and the nearly a dozen accusations lodged against him by women since. Gingrich was furious, embarking on a mansplaining riff in which he compared the press to Pravda and Izvestia for, in his view, overcovering the allegations.
In the next few months, the company will stop supporting the Vine mobile app, the primary venue of Vine production and consumption. Facing a stubborn lack of profits and a seemingly unending crisis of confidence, Twitter has chosen to shutter its weirdest and most distinctive product.
In a post on Medium, Vine promises that its videos will stay online after the shut-down. “We’ll be keeping the website online because we think it’s important to still be able to watch all the incredible Vines that have been made,” says the release.
“Thank you. To all the creators out there — thank you for taking a chance on this app back in the day. To the many team members over the years who made this what it was — thank you for your contributions. And of course, thank you to all of those who came to watch and laugh every day,” it continues.