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.
The president’s business tells lawmakers it is too difficult to track all its foreign revenue in accordance with constitutional requirements, and it hasn’t asked Congress for a permission slip.
Days before taking office, Donald Trump said his company would donate all profits from foreign governments to the U.S. Treasury, part of an effort to avoid even the appearance of a conflict with the Constitution’s emoluments clause.
Now, however, the Trump Organization is telling Congress that determining exactly how much of its profits come from foreign governments is simply more trouble than it’s worth.
In response to a document request from the House Oversight Committee, Trump’s company sent a copy of an eight-page pamphlet detailing how it plans to track payments it receives from foreign governments at the firm’s many hotels, golf courses, and restaurants across the globe. But while the Trump Organization said it would set aside all money it collects from customers that identify themselves as representing a foreign government, it would not undertake a more intensive effort to determine if a payment would violate the Constitution’s prohibition on public office holders accepting an “emolument” from a foreign state.
She lived with us for 56 years. She raised me and my siblings without pay. I was 11, a typical American kid, before I realized who she was.
The ashes filled a black plastic box about the size of a toaster. It weighed three and a half pounds. I put it in a canvas tote bag and packed it in my suitcase this past July for the transpacific flight to Manila. From there I would travel by car to a rural village. When I arrived, I would hand over all that was left of the woman who had spent 56 years as a slave in my family’s household.
The condition has long been considered untreatable. Experts can spot it in a child as young as 3 or 4. But a new clinical approach offers hope.
This is a good day, Samantha tells me: 10 on a scale of 10. We’re sitting in a conference room at the San Marcos Treatment Center, just south of Austin, Texas, a space that has witnessed countless difficult conversations between troubled children, their worried parents, and clinical therapists. But today promises unalloyed joy. Samantha’s mother is visiting from Idaho, as she does every six weeks, which means lunch off campus and an excursion to Target. The girl needs supplies: new jeans, yoga pants, nail polish.
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At 11, Samantha is just over 5 feet tall and has wavy black hair and a steady gaze. She flashes a smile when I ask about her favorite subject (history), and grimaces when I ask about her least favorite (math). She seems poised and cheerful, a normal preteen. But when we steer into uncomfortable territory—the events that led her to this juvenile-treatment facility nearly 2,000 miles from her family—Samantha hesitates and looks down at her hands. “I wanted the whole world to myself,” she says. “So I made a whole entire book about how to hurt people.”
The office was, until a few decades ago, the last stronghold of fashion formality. Silicon Valley changed that.
Americans began the 20th century in bustles and bowler hats and ended it in velour sweatsuits and flannel shirts—the most radical shift in dress standards in human history. At the center of this sartorial revolution was business casual, a genre of dress that broke the last bastion of formality—office attire—to redefine the American wardrobe.
Born in Silicon Valley in the early 1980s, business casual consists of khaki pants, sensible shoes, and button-down collared shirts. By the time it was mainstream, in the 1990s, it flummoxed HR managers and employees alike. “Welcome to the confusing world of business casual,” declared a fashion writer for the Chicago Tribune in 1995. With time and some coaching, people caught on. Today, though, the term “business casual” is nearly obsolete for describing the clothing of a workforce that includes many who work from home in yoga pants, put on a clean T-shirt for a Skype meeting, and don’t always go into the office.
A recent push for diversity has been blamed for weak print sales, but the company’s decades-old business practices are the true culprit.
Marvel Comics has been having a rough time lately. Readers and critics met last year’s Civil War 2—a blockbuster crossover event (and aspiritual tie-in to the year’s big Marvel movie)—with disinterest and scorn. Two years of plummeting print comics sales culminated in a February during which only one series managed to sell over 50,000 copies. Three crossover events designed to pump up excitement came and went with little fanfare, while the lead-up to 2017’s blockbuster crossover Secret Empire—where a fascist Captain America subverts and conquers the United States—sparked such a negative response that the company later put out a statement imploring readers to buy the whole thing before judging it. On March 30, a battered Marvel decided to try and get to the bottom of the problem with a retailer summit—and promptly stuck its foot in its mouth.
For a number of reasons, natural and human, people have abandoned many places around the world.
For a number of reasons, natural and human, people have evacuated or otherwise abandoned many places around the world—large and small, old and new. Gathering images of deserted areas into a single photo essay, one can get a sense of what the world might look like if humans were to suddenly vanish from the planet. Collected here are recent scenes from abandoned construction projects, industrial disaster zones, blighted urban neighborhoods, towns where residents left to escape violence or natural disasters, derelict Olympic venues, ghost towns, and more.
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.
Inside ABC’s tonally bizarro update of the seminal 1987 romantic drama Dirty Dancing are about four different projects trying to get out. There’s the most obvious one, a frame-by-frame remake of the original that’s as awkward and ill-conceived as Gus Van Sant’s 1997 carbon copy of Psycho. There’s the one Abigail Breslin’s starring in, an emotionally textured and realistic coming-of-age story about a clumsy but engaging wallflower. There’s a musical, in which Breslin and Nicole Scherzinger mime along to their own singing voices in a strange dance rehearsal while half-heartedly exploring the idea that power emanates from the vagina. And there’s the most compelling story, a Wide Sargasso Sea-inspired spinoff starring Debra Messing as a lonely housewife coming to terms with the turbulent depths of her own desire.