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.
As he prepares for a presidential run, the governor’s labor legacy deserves inspection. Are his state’s “hardworking taxpayers” any better off?
This past February, at the Conservative Political Action Conference (CPAC) outside Washington, D.C., Wisconsin Governor Scott Walker rolled up his sleeves, clipped on a lavalier microphone, and without the aid of a teleprompter gave the speech of his life. He emerged from that early GOP cattle call as a front-runner for his party’s nomination for president. Numerous polls this spring placed him several points ahead of former Florida Governor Jeb Bush, the preferred candidate of the Republican establishment, in Iowa and New Hampshire. Those same polls showed him with an even more substantial lead over movement conservative favorites such as Ted Cruz, Rand Paul, and Mike Huckabee. In late April, the Koch brothers hinted that Walker would be the likely recipient of the nearly $900 million they plan to spend on the 2016 election cycle.
It wasn’t that bad. But it did help me understand why it made people so angry.
From the Gray Lady, a Modest Dip Proposal. On Microblogging Platform, a Furor. For Peas, a New Use. There are times when The Times out-Timeses itself, and then there was Wednesday. The country's largest newspaper smugly tweeted a link to a recipe for guacamole. One made with peas. "Trust us," it read.
I spent a year in Tromsø, Norway, where the “Polar Night” lasts all winter—and where rates of seasonal depression are remarkably low. Here’s what I learned about happiness and the wintertime blues.
Located over 200 miles north of the Arctic Circle, Tromsø, Norway, is home to extreme light variation between seasons. During the Polar Night, which lasts from November to January, the sun doesn’t rise at all. Then the days get progressively longer until the Midnight Sun period, from May to July, when it never sets. After the midnight sun, the days get shorter and shorter again until the Polar Night, and the yearly cycle repeats.
So, perhaps understandably, many people had a hard time relating when I told them I was moving there.
“I could never live there,” was the most common response I heard. “That winter would make me so depressed,” many added, or “I just get so tired when it’s dark out.”
But the Polar Night was what drew me to Tromsø in the first place.
For centuries, experts have predicted that machines would make workers obsolete. That moment may finally be arriving. Could that be a good thing?
1. Youngstown, U.S.A.
The end of work is still just a futuristic concept for most of the United States, but it is something like a moment in history for Youngstown, Ohio, one its residents can cite with precision: September 19, 1977.
For much of the 20th century, Youngstown’s steel mills delivered such great prosperity that the city was a model of the American dream, boasting a median income and a homeownership rate that were among the nation’s highest. But as manufacturing shifted abroad after World War II, Youngstown steel suffered, and on that gray September afternoon in 1977, Youngstown Sheet and Tube announced the shuttering of its Campbell Works mill. Within five years, the city lost 50,000 jobs and $1.3 billion in manufacturing wages. The effect was so severe that a term was coined to describe the fallout: regional depression.
The Republican hopeful’s comments about Hispanics have been disastrous for his brand and reputation, which he values at an outlandish $3.3 billion.
Donald Trump’s run for the presidency is premised on one fact above all: He’s a fabulously successful businessman. And yet, paradoxically, running for president may be the most disastrous business decision he’s made—or, at the very least, his worst in a while.
The trouble started with Trump’s rambling announcement speech on June 16. “When Mexico sends its people, they’re not sending the best,” Trump said of immigrants to the United States. “They’re sending people that have lots of problems and they’re bringing those problems. They’re bringing drugs, they’re bringing crime. They’re rapists and some, I assume, are good people, but I speak to border guards and they’re telling us what we’re getting.”
The untold story of the improbable campaign that finally tipped the U.S. Supreme Court.
On May 18, 1970, Jack Baker and Michael McConnell walked into a courthouse in Minneapolis, paid $10, and applied for a marriage license. The county clerk, Gerald Nelson, refused to give it to them. Obviously, he told them, marriage was for people of the opposite sex; it was silly to think otherwise.
Baker, a law student, didn’t agree. He and McConnell, a librarian, had met at a Halloween party in Oklahoma in 1966, shortly after Baker was pushed out of the Air Force for his sexuality. From the beginning, the men were committed to one another. In 1967, Baker proposed that they move in together. McConnell replied that he wanted to get married—really, legally married. The idea struck even Baker as odd at first, but he promised to find a way and decided to go to law school to figure it out.
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.
In 1908, photographer Lewis Hine traveled across the U.S. to document child laborers and their workplaces. His portraits were used by reformers to drive legislation that would protect young workers or prohibit their employment.
At the start of the 20th century, labor in America was in short supply, and laws concerning the employment of children were rarely enforced or nonexistent. While Americans at the time supported the role of children working on family farms, there was little awareness of the other forms of labor being undertaken by young hands. In 1908, photographer Lewis Hine was employed by the newly-founded National Child Labor Committee (NCLC) to document child laborers and their workplaces nationwide. His well-made portraits of young miners, mill workers, cotton pickers, cigar rollers, newsboys, pin boys, oyster shuckers, and factory workers put faces on the issue, and were used by reformers to raise awareness and drive legislation that would protect young workers or prohibit their employment. After several stalled attempts in congress, the NCLC-backed Fair Labor Standards Act passed in 1938 with child labor provisions that remain the law of the land today, barring the employment of anyone under the age of 16.
People labeled “smart” at a young age don’t deal well with being wrong. Life grows stagnant.
At whatever agesmart people develop the idea that they are smart, they also tend to develop vulnerability around relinquishing that label. So the difference between telling a kid “You did a great job” and “You are smart” isn’t subtle. That is, at least, according to one growing movement in education and parenting that advocates for retirement of “the S word.”
The idea is that when we praise kids for being smart, those kids think: Oh good, I'm smart. And then later, when those kids mess up, which they will, they think: Oh no, I'm not smart after all. People will think I’m not smart after all. And that’s the worst. That’s a risk to avoid, they learn.“Smart” kids stand to become especially averse to making mistakes, which are critical to learning and succeeding.
On Wednesday, the United States and Cuba announced that they would reopen embassies in each other’s capitals, thus restoring diplomatic relations for the first time since 1961. The agreement doesn’t mean that Washington-Havana ties will go back to where they were before Fidel Castro’s revolution: Congress still maintains an economic embargo on the island, a policy that’s unlikely to change anytime soon. But the re-establishment of embassies, scheduled to occur on July 20, is nonetheless a major breakthrough in the long-acrimonious relationship between the two countries.
According to The New York Times, the overture to Cuba leaves just three countries with which the United States has no diplomatic relations. Two of these are easy enough to guess: Iran and North Korea. Washington severed ties with Tehran in 1980, months after Iranian students seized the U.S. embassy there and took 52 Americans hostage. U.S. ties with North Korea, meanwhile, have been fraught throughout the latter country’s existence, and have only grown worse since Kim Jong Un assumed control of the country in 2011.