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.
In his convention speech, he suggested that Muslims need to earn the rights that all other Americans enjoy.
I love Bill Clinton. But I didn’t love his speech Tuesday night in Philadelphia. Given the job of humanizing his wife, he came across as genuinely smitten. But he failed to do what he’s done in every convention speech he’s delivered since 1992: tell a story about where America is today and what can be done to move it forward. He called his wife a great “change maker” but didn’t define the change America needs right now.
But the worst moment of the speech came near its end, when Clinton began to riff about the different kinds of people who should join Hillary’s effort. “If you love this country, you’re working hard, you’re paying taxes, you’re obeying the law and you’d like to become a citizen, you should choose immigration reform over someone that wants to send you back,” he said. Fair enough. Under any conceivable immigration overhaul, only those undocumented immigrants who have obeyed the law once in the United States—which includes paying taxes—will qualify for citizenship. Two sentences later, Clinton said that, “If you’re a young African American disillusioned and afraid … help us build a future where no one’s afraid to walk outside, including the people that wear blue to protect our future.” No problem there. Of course African Americans should be safe from abusive police, and of course, police should be safe from the murderers who threaten them.
His convention speech re-introducing his wife to the country was an uneven, but ultimately effective, performance.
Just before Bill Clinton strode onstage to be his wife’s character witness, his wife’s convention planners played a video tribute to him. “When he said stuff, you believed it,” a man dressed in union gear said of Bill Clinton, “because you lived it.”
This was no accident: An overwhelming number of voters don’t trust Hillary Clinton. That credibility and character gap is the one thing that might stop Americans from electing a second President Clinton. And so the master of persuasion bragged on and on about his wife: career highlights, familiar anecdotes, and enough warm and cheesy sentiments to launch a thousand wedding toasts.
“If you were sitting where I am sitting and you heard what I heard at every dinner conversation and … on every long walk, you would say this woman has never been satisfied with the status quo about anything,” Bill Clinton said. Having been the candidate of change in 1992, Bill Clinton knows his wife faces headwinds against Donald Trump’s promise of radical, unruly change. “She always wants to move the ball forward,” Bill Clinton said. “That just who she is.”
When something goes wrong, I start with blunder, confusion, and miscalculation as the likely explanations. Planned-out wrongdoing is harder to pull off, more likely to backfire, and thus less probable.
But it is getting more difficult to dismiss the apparent Russian role in the DNC hack as blunder and confusion rather than plan.
“Real-world” authorities, from the former U.S. Ambassador to Russia to FBI sources to international security experts, say that the forensic evidence indicates the Russians. No independent authority strongly suggests otherwise. (Update the veteran reporters Shane Harris and Nancy Youssef cite evidence that the original hacker was “an agent of the Russian government.”)
The timing and precision of the leaks, on the day before the Democratic convention and on a topic intended to maximize divisions at that convention, is unlikely to be pure coincidence. If it were coincidence, why exactly now, with evidence drawn from hacks over previous months? Why mail only from the DNC, among all the organizations that have doubtless been hacked?
The foreign country most enthusiastic about Trump’s rise appears to be Russia, which would also be the foreign country most benefited by his policy changes, from his sowing doubts about NATO and the EU to his weakening of the RNC platform language about Ukraine.
The most ardent Bernie Sanders supporters must confront the fact that there is more in their way than corruption and stupidity.
PHILADELPHIA––Tara Kurek describes herself as an orphan. By the time she was a teenager, her parents had descended from prescription drug abuse to heroin addiction. “They didn’t raise me,” she said. “I’ve been emancipated since I was 16 years old.”
The pressures of national academic standards have pushed character education out of the classroom.
A few months ago, I presented the following scenario to my junior English students: Your boyfriend or girlfriend has committed a felony, during which other people were badly harmed. Should you or should you not turn him or her into the police?
The class immediately erupted with commentary. It was obvious, they said, that loyalty was paramount—not a single student said they’d “snitch.” They were unequivocally unconcerned about who was harmed in this hypothetical scenario. This troubled me.
This discussion was part of an introduction to an essay assignment about whether Americans should pay more for ethically produced food. We continued discussing other dilemmas, and the kids were more engaged that they’d been in weeks, grappling with big questions about values, character, and right versus wrong as I attempted to expand their thinking about who and what is affected—and why it matters—by their caloric choices.
Four decades after he asked his wife to set aside her own ambitions, he asked Americans to return her to the White House in her own right.
On Tuesday night, Bill Clinton spoke before thousands of delegates at the Democratic National Convention, and did his best to repay a debt he’d incurred 45 years before. He met Hillary in 1971, and she married him four years later. “I really hope,” he said, “that her choosing me and rejecting my advice to pursue her own career was a decision she would never regret.”
Now, as she pursues the presidency in her own right, he took the opportunity to reintroduce her to the public, spending most of his time on stage rehearsing the years before she became a national figure. “Cartoons are two-dimensional,” Clinton said, and did his best to render his wife vivid, human, and real.
It was a speech that aimed to move past some of the central paradoxes of Clinton’s candidacy. She sacrificed her ambitions to advance her husband’s career, but his success has now enabled her own rise. Most Americans view her unfavorably, and yet she has just become the first woman to be a major-party nominee for the president.
Stock-market crashes, terrorist attacks, and the dark side of “newsworthy” stories
Man bites dog. It is one of the oldest cliches in journalism, an acknowledgement of the idea that ordinary events are not newsworthy, whereas oddities, like a puppy-nibbling adult, deserve disproportionate coverage.
The rule is straightforward, but its implications are subtle. If journalists are encouraged to report extreme events, they guide both elite and public attitudes, leading many people, including experts, to feel like extreme events are more common than they actually are. By reporting on only the radically novel, the press can feed a popular illusion that the world is more terrible than it actually is.
Take finance, for example. Professional investors are fretting about the possibility of a massive stock-market crash, on par with 1987’s Black Monday. The statistical odds that such an event will occur within the next six months are about 1-in-60, according to historical data from 1929 to 1988. But when surveys between 1989 and 2015 asked investors to estimate the odds of such a crash in the coming months, the typical response was 1-in-10.
The Democratic chairwoman had few supporters—but clung to her post for years, abetted by the indifference of the White House.
PHILADELPHIA—As Debbie Wasserman Schultz made her unceremonious exit as chairwoman of the Democratic National Committee, what was most remarkable was what you didn’t hear: practically anybody coming to her defense.
The Florida congresswoman did not go quietly. She reportedly resisted stepping down, and blamed subordinates for the content of the leaked emails that were released Friday, which clearly showed the committee’s posture of neutrality in the Democratic primary to have been a hollow pretense, just as Bernie Sanders and his supporters long contended. She finally relinquished the convention gavel only after receiving three days of strong-arming, a ceremonial position in the Clinton campaign, and a raucous round of boos at a convention breakfast.
Washington, D.C., has embarked on an aggressive clean-energy plan, but a big challenge will be making sure it doesn't worsen existing inequalities.
WASHINGTON, D.C.—For homeowners and renters, drawing energy from solar panels on their roofs can be very cost-effective: Some estimates put monthly electric-bill savings between 10 and 30 percent, and on top of that, households that install solar systems can get 30 percent of the cost as a tax credit. But for many, installing solar panels is simply not within reach: Setting up such systems can cost tens of thousands of dollars, which means that their use—and subsequent savings—are predominantly enjoyed by wealthy households.
That's why, as Washington, D.C., moves forward with its clean-energy plan—which would have at least half the city's power coming from renewable sources by 2032—it is doing so with an eye on inequality. The city has mandated that a portion of the money set aside for solar initiatives—just under one-third—target low-income neighborhoods.
The First Lady took to the stage at the Democratic National Convention, and united a divided hall.
Most convention speeches are forgotten almost before they’re finished. But tonight in Philadelphia, Michelle Obama delivered a speech that will be replayed, quoted, and anthologized for years. It was as pure a piece of political oratory as this campaign has offered, and instantly entered the pantheon of great convention speeches.
Obama stepped out onto a stage in front of a divided party, including delegates who had booed almost every mention of the presumptive nominee. And she delivered a speech that united the hall, bringing it to its feet.
She did it, moreover, her own way—forming a striking contrast with the night’s other speakers. She did it without shouting at the crowd. Without overtly slamming Republicans. Without turning explicitly negative. Her speech was laden with sharp barbs, but she delivered them calmly, sometimes wryly, biting her lower lip, hitting her cadence. It was a masterful performance.