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.
When President Obama left, I stayed on at the National Security Council in order to serve my country. I lasted eight days.
In 2011, I was hired, straight out of college, to work at the White House and eventually the National Security Council. My job there was to promote and protect the best of what my country stands for. I am a hijab-wearing Muslim woman––I was the only hijabi in the West Wing––and the Obama administration always made me feel welcome and included.
Like most of my fellow American Muslims, I spent much of 2016 watching with consternation as Donald Trump vilified our community. Despite this––or because of it––I thought I should try to stay on the NSC staff during the Trump Administration, in order to give the new president and his aides a more nuanced view of Islam, and of America's Muslim citizens.
Long after research contradicts common medical practices, patients continue to demand them and physicians continue to deliver. The result is an epidemic of unnecessary and unhelpful treatments.
First, listen to the story with the happy ending: At 61, the executive was in excellent health. His blood pressure was a bit high, but everything else looked good, and he exercised regularly. Then he had a scare. He went for a brisk post-lunch walk on a cool winter day, and his chest began to hurt. Back inside his office, he sat down, and the pain disappeared as quickly as it had come.
That night, he thought more about it: middle-aged man, high blood pressure, stressful job, chest discomfort. The next day, he went to a local emergency department. Doctors determined that the man had not suffered a heart attack and that the electrical activity of his heart was completely normal. All signs suggested that the executive had stable angina—chest pain that occurs when the heart muscle is getting less blood-borne oxygen than it needs, often because an artery is partially blocked.
Tucker Carlson’s latest reinvention is guided by a simple principle—a staunch aversion to whatever his right-minded neighbors believe.
Tucker Carlson is selling me hard on the swamp. It is an unseasonably warm afternoon in late January, and we are seated at a corner table in Monocle, an upscale Capitol Hill restaurant frequented by the Fox News star. (Carlson, who typically skips breakfast and spends dinnertime on the air, is a fan of the long, luxurious, multi-course lunch, and when I requested an interview he proposed we do it here.) As we scan the menus, I mention that I’ll be moving soon to the Washington area, and he promptly launches into an enthusiastic recitation of the district’s many virtues and amenities.
“I’m so pathetically eager for people to love D.C.,” he admits. “It’s so sad. It’s like I work for the chamber of commerce or something.”
“No… it’s a magic potty,” my daughter used to lament, age 3 or so, before refusing to use a public restroom stall with an automatic-flush toilet. As a small person, she was accustomed to the infrared sensor detecting erratic motion at the top of her head and violently flushing beneath her. Better, in her mind, just to delay relief than to subject herself to the magic potty’s dark dealings.
It’s hardly just a problem for small people. What adult hasn’t suffered the pneumatic public toilet’s whirlwind underneath them? Or again when attempting to exit the stall? So many ordinary objects and experiences have become technologized—made dependent on computers, sensors, and other apparatuses meant to improve them—that they have also ceased to work in their usual manner. It’s common to think of such defects as matters of bad design. That’s true, in part. But technology is also more precarious than it once was. Unstable, and unpredictable. At least from the perspective of human users. From the vantage point of technology, if it can be said to have a vantage point, it's evolving separately from human use.
The preconditions are present in the U.S. today. Here’s the playbook Donald Trump could use to set the country down a path toward illiberalism.
It’s 2021, and President Donald Trump will shortly be sworn in for his second term. The 45th president has visibly aged over the past four years. He rests heavily on his daughter Ivanka’s arm during his infrequent public appearances.
Fortunately for him, he did not need to campaign hard for reelection. His has been a popular presidency: Big tax cuts, big spending, and big deficits have worked their familiar expansive magic. Wages have grown strongly in the Trump years, especially for men without a college degree, even if rising inflation is beginning to bite into the gains. The president’s supporters credit his restrictive immigration policies and his TrumpWorks infrastructure program.
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A new report explores why those who benefitted from Obamacare’s Medicaid expansion supported the man who promised to reverse it.
Here’s a question that’s baffled health reporters in the months since the election: Why would people who benefit from Obamacare in general—and its Medicaid expansion specifically—vote for a man who vowed to destroy it?
Some anecdotal reports have suggested that people simply didn’t understand that the benefits they received were a result of the Affordable Care Act. That was the case for one Indiana family The New York Times described in December:
Medicaid has paid for virtually all of his cancer care, including a one-week hospitalization after the diagnosis, months of chemotherapy, and frequent scans and blood tests.
But Mr. Kloski and his mother, Renee Epperson, are still not fans of the health law over all. They believed that it required that Mr. Kloski be dropped, when he turned 26, from the health plan his mother has through her job at Target — not understanding that it was the law that kept him on the plan until he was 26.
Joe Moran’s book Shrinking Violets is a sweeping history that doubles as a (quiet) defense of timidity.
The Heimlich maneuver, in the nearly 50 years since Dr. Henry Heimlich established its protocol, has been credited with saving many lives. But not, perhaps, as many as it might have. The maneuver, otherwise so wonderfully simple to execute, has a marked flaw: It requires that choking victims, before anything can be done to help them, first alert other people to the fact that they are choking. And some people, it turns out, are extremely reluctant to do so. “Sometimes,” Dr. Heimlich noted, bemoaning how easily human nature can become a threat to human life, “a victim of choking becomes embarrassed by his predicament and succeeds in getting up and leaving the area unnoticed.” If no one happens upon him, “he will die or suffer permanent brain damage within seconds.”
Neil Gaiman’s remarkable new book has triggered a debate about who, exactly, owns pagan tales.
Myths are funny. Unlike histories, they are symbolic narratives; they deal with spiritual rather than fact-based truths. They serve as foundations for beliefs, illustrating how things came to be and who was involved, but they’re often sketchy about when or why. There’s a brief scene from Neil Gaiman’s new book Norse Mythology that does a remarkable job of capturing just this: the wonderfully nebulous sense of being in illo tempore—the hazy “at that time” of the mythic past. It begins, as many creation myths do, with “an empty place waiting to be filled with life,” but in this instance some life already exists. There’s Ymir, whose enormous body produces all giants and, eventually, the earth, skies, and seas. There’s Audhumla, the celestial cow, who licks the first gods out of blocks of ice. And there are three brothers—the gods Ve, Vili, and Odin—who must devise a way out of this timeless nowhere:
His death has punctured the myth of the Kims' holy bloodline.
As the first son of Kim Jong-il, the late leader of the Democratic People’s Republic of Korea, Kim Jong-nam always posed a threat to Kim Jong-un, his half brother and North Korea’s current leader. Before falling out of favor with his father and going into exile soon after, paving the way for Kim Jong-un’s ascent, Kim Jong-nam was the heir apparent. With the execution in 2013 of Jang Sung-tak, the second in command and the eldest son’s staunchest supporter, Kim Jong-nam was unprotected, with little hope of ever returning home.
On February 13, Kim Jong-nam was murdered in Kuala Lumpur airport by two hired killers. The fascination surrounding the killing has centered on its sensational circumstances: that one ofthe killers smeared a poisonous toxin, reportedly VX gas, across Kim’s face; that one of them wore a T-shirt with the acronym “LOL” printed across the front; that the other reportedly mistookthe hit for a comedy stunt. Malaysian police have detained five people allegedly connected to the killing, and remain on the hunt for others—including several North Koreans—linked to it.
Rescuing the world’s most precious antiquities from destruction is a painstaking project—and a Benedictine monk may seem like an unlikely person to lead the charge. But Father Columba Stewart is determined. Soft-spoken, dressed in flowing black robes, this 59-year-old American has spent the past 13 years roaming from the Balkans to the Middle East in an effort to save Christian and Islamic manuscripts threatened by wars, theft, weather—and, lately, the Islamic State.
“Given what’s happened in the last years since the rise of ISIS, it’s very clear that things are really endangered,” Stewart said. “It’s imperative to make sure that these manuscripts are safe, because we don’t know what will happen to them.”