July 28, 2011

Right-Wing Folly, Another Reason Why I Am Not a Conservative

Hatched by Dafydd

Two epigrams bubble up in my cerebrum at the moment. The first is just a statement of principle that seems to encapsulate the essence of Americanism; too bad so few on the side of goodness affirm it:

  • For society's sake, it's best the consensus of the people sticks to the traditional values of monogamy, loyalty, decency, and faithfulness; but for liberty's sake, it's best that the people's government sticks to encouraging, not enforcing, such tradition.

And the other is more flip but equally true in my opinion:

  • Extremism in defense of conservatism is -- still extremism.

A momentous civil-liberties lawsuit in Utah pits two opposing forces against each other, forever locked in battle unto the end of time (like that old Star Trek episode). Both sides spin their arguments around the Supreme Court case Lawrence v. Texas, like planets orbiting the same sun. On its face, the Court simply struck down all federal and state laws against "sodomy," however defined; it did not make any findings anent marriage.

But each side accepts the same central folly, spinning the consequences of of that supposition in opposite but equally extreme directions. Side A, which we generally call the Dark Side, abuses and twists that case pretzel-like in order to argue that laws banning polygamy are unconstitutional (as the same partisans also argue that laws banning same-sex marriage are unconstitutional); by extension, Side A argues that every state in the United States of America must immediately allow "plural" marriages.

The flip side -- which conservatives ironically call Righteousness -- uses the same argument used by polygamists: Some radical marital "reformers" make paralogical arguments, twisting the principle of simple liberty and "the right to be let alone" into a paeon to perversity; therefore, conservatives argue that liberty itself is suspect and must be curtailed. Side B ripostes that citizens must be legally prevented from doing icky things that might nauseate decent folk and frighten the horses.

But let's get less airy-fairy and more specific:

The suer is Kody Brown, who stars in a TLC "reality" show called Sister Wives, which I've never seen; the dissenter is Power Line's own Scott Johnson. And yes, on this subject, both are equally extreme and impervious to reason.

Brown argues from Lawrence that if a man has the right to cohabitate -- to live with -- more than one woman, then clearly he has the right to marry them all. That is a complete non-sequitur, of course; the principle of liberty means we can do as we please, so long as we're not harming others. In Lawrence, the Supreme Court found (albeit via flawed reasoning from the noisome Griswold v. Connectucut) a principle of liberty that it nevertheless true; it ought to be considered "self evident"... that there is a fundamental right to a zone of independence around each individual, inside of which government cannot intervene save to protect another and non-consenting individual.

That us, under liberty, if two adult men want to have intimate relations with each other, privately and without coercion, then government cannot arrest them for it. Likewise if one man and three women want to have intimate relations, or two men and one woman, so long as all are consenting adults. Prior to Lawrence, trysts of this sort were lumped under the label "sodomy" and were criminal acts under the laws of a number of states. For that matter, the same statutes often criminalized certain types of sex between husband and wife -- fellatio and cunnilingus, for example. It was an extraordinary, pre-modern burst of authoritarianism, now defended only by some movement-conservatives.

I assert that a government with the legal power to dictate what sexual positions a husband and wife, or any other group of consenting adults, can legally perform is a tyranny of the most grotesque and unAmerican sort, where citizens are owned by the State.

Yes, I know full well that the Founding Fathers, to a man, supported such laws against sodomy; they were wrong. They were misled by the emotional and religious baggage of their society and upbringing, which prevented them from seeing that the logic of their own arguments for liberty belied their emotional inconsistency, just as it belied acceptance of slavery and of state-established churches. Either one believes in freedom of conscience; or one believes that ultimately, the State can condemn you for dissent, thoughtcrime, or nonconformity. There really is no middle ground.

But granting the fundamental right to do something perverse does not obligate society to applaud the perversity: The same freedom of conscience that says I cannot stop Brown from living with three "sister wives" in addition to his legal spouse likewise prevents him from forcing me to sanctify such a relationship by calling it "marriage." But that is exactly what Kody Brown demands:

Reality-TV star Kody Brown and his “sister wives” may not intend to be an example of the “slippery slope” in the gay-marriage debate, but their new lawsuit against Utah’s anti-polygamy laws bolsters the argument that legalizing marriage for same-sex couples could open the door to recognition of other kinds of marriages.

Mr. Brown; his legal wife, Meri Brown; and “sister wives” Janelle Brown, Christine Brown and Robyn Sullivan, who appear with their 16 children on “Sister Wives” on TLC, want Utah’s anti-polygamy laws declared unconstitutional and unenforceable on their “plural family.” [Emphasis added -- DaH]

I readily admit there is a serious problem with the Utah statute, if it's being accurately and honestly reported by the Washington Times (and I have no reason to believe otherwise): The law evidently bans not only polygamy itself, the marrying of more than one wife, but something more sinister:

In the Brown lawsuit, Mr. Turley and Mr. Alba said the Brown family, members of the Apostolic United Brethren faith, has committed no crime except to live together, “motivated by their sincere religious beliefs and love for one another.”

States cannot “criminalize consensual intimate relationships, including homosexual relationships, between unmarried adults,” the lawyers wrote, citing the 2003 U.S. Supreme Court decision in Lawrence v. Texas.

And yet Utah has a law that forbids a legally married person from “purport[ing] to marry another person or cohabit[ing] with another person,” the lawyers wrote. [Emphasis added -- DaH.]

With this and other anti-polygamy laws, Utah “criminalizes not just polygamous marriages, but also an array of plural intimate relationships and associations of consenting adults,” Mr. Turley and Mr. Alba wrote.

In other words, the Utah law bans not only plural marriage, it appears also to ban plural living arrangements, even those not legally blessed as "marriage." Only one of the women with whom Brown lives is his legal wife; to the eyes of the law, the rest are just honeys.

The Brown family’s “basic liberties and equal protection” are being violated, they added, asking the court to “preliminarily and permanently” block enforcement of Utah’s laws that ban and criminalize polygamy.

I absolutely agree that the "basic liberties" of Brown and the individual women are violated by the Utah anti-polygamy statute, but only to the extent that it criminalizes living together. But I reject the "equal protection" argument, the ground used in most cases that seek to overturn the traditional definition of marriage; and in any event, the solution to the unconstitutionality of one part of a law is not to toss the entire law out, but to make the smallest possible change consonant with the demands of liberty, as enunciated by the Court.

In this case, toss out the part that bans "cohabit[ation] with another person," but keep the part that bans declaring such relationships legal "marriage." That is, ban polygamy but not shacking up.

This is where the logic of the Left flies to flinders: Under liberty, you can do a great many bizarre, outre, unconventional, kooky, or perverse things; but one thing you cannot demand is that society embrace and ratify your perversities and eccentricities, a democratic State's imprimatur and nihil obstat. You have the right to give yourself a high colonic with Liquid Draino, but it's a stupid idea; and don't expect me to shout "mazel tov" when you finish.

I would have thought it obvious: I am allowed to write what I please; but the State isn't required to support my writing or even give me a prize. In the immortal words of Thomas Jefferson, "duh!" But it appears that Brown believes that anything he has a right to do, he also has a right to demand official praise for doing.

In a freakish twist of fate, contemporary conservatives appear to have locked themselves into supporting the same paralogia, albeit to prove the opposite conclusion.

It seems monstrous to me to argue that any government, even at the state or local level, can put you in prison for using an unapproved sexual position in the privacy of your own home. But when movement conservatives argue that Lawrence v. Texas should be overturned -- as nearly all of them do -- that is precisely the position they stake out: They're all in favor of "individual liberty" -- but not when that means engaging in sex that conservatives don't like. Casual day has gone too far; there oughta be a law!

If it was simple prejudice, t'would a simple task to point out the hypocrisy; more than likely, a fair-minded person would admit being led astray by thinking with his heart, when the proper organ for such cogitation is further north. But our movement-conservatives (with whom I typically ally) buttress their glandular rejection of homosexuality and polyamory with specious, backwards reasoning: They argue that Lawrence must be wrong because it leads to overturning traditional marriage. Or as a pal of mine says, "It can't be true, because it would be so dreadful if it were true!"

In other words, conservatives typically argue that the liberal argument is right: If you have a right to cohabitate with anybody, that necessarily implies a right to marry anybody.

Therefore, you have no right to cohabitate. (Supposed "reductio ad absurdum.")

But the absurdity is not Lawrence v. Texas; the absurdity is inventing a nonexistent and inconsistent rule of inference, that allowing an action means approval of that action... the invalidity of which we surely have proven by now (ad nauseum).

But here is Scott Johnson making that exact argument in the Power Line post:

Now comes Professor Jonathan Turley to the defense of polygamy. Professot Turley represents one Kody Brown, a man, and his four wives and 16 children -- who, he notes in a New York Times op-ed column, are the focus of a reality program on the cable channel TLC called “Sister Wives.” One of the marriages is legal and the others are what the family calls “spiritual.” Professor Turley is lead counsel in the recently filed lawsuit challenging the constitutionality of the Utah law criminalizing polygamy....

Professor Turley relies for his argument on the logic of the Supreme Court’s 2003 decision overturning state sodomy laws in Lawrence v. Texas. Professor Turley has a point -- indeed, some of us criticized the Lawrence decision on precisely that ground -- though Justice Kennedy’s opinion waltzed away from the question of polygamy. And it didn’t even mention laws against bestiality and incest. Perhaps Professor Turley will undertake the glorious cause of extending Lawrence to them in another case.

The link, supplied by Scott himself, points to a Power Line post of his from 2003, just after the Court decided Lawrence. Here is the smoking gun:

In one sense the Supreme Court’s opinion today in Lawrence v. Texas, asserting the existence of a constitutional right to homosexual sodomy, was utterly predictable. Thirty years ago the liberal constitutional scholar John Hart Ely wrote a classic law review article (“The Wages of Crying Wolf”) condemning the jurisprudence of Roe v. Wade, and Lawrence is in a sense only a few steps further down the jurisprudential arc that will end, as Justice Scalia notes in dissent, in the constitutional right to homosexual marriage, prostitution, bigamy, and adult incest.

There is a trivial sense in which Scalia could be right; lawless judges can seize upon and twist the language of Lawrence to argue something radically different from the actual findings. However, the true source of Scott's position would seem not to be reason and logic but something more atavistic: a visceral loathing of certain icky kinds of sex (as opposed to other, more privileged positions and partners). He continues in lurid prose:

Among the founders, sodomy was universally condemned as a crime against nature. It was illegal in each of the thirteen states existing at the time the Constitution was ratified and the Bill of Rights was adopted. In Thomas Jefferson’s Virginia, it was a crime punishable by death. When Jefferson wrote an amendment to the criminal code lessening the penalty for sodomy, he nevertheless classed it as a crime with rape, polygamy, and incest.

Today the Supreme Court declares that homosexual sodomy constitutes “a form of liberty of the person in both its spatial and more transcendent dimensions.” Justice Kennedy, the author of this nauseating palaver, is obviously so in love with what he thinks is his own eloquent rhetoric that he fails to notice his laughable double entendre. What is not funny, however, is the destruction of the recognition of the laws of nature and nature’s God on which our true rights depend. The Supreme Court’s opinion today is an act of political destruction that should be recognized as such.

All that -- for holding that private sex between consenting adults is none of the State's damn business! It's a marvel Scott didn't toss in heresy, treason, crimes against humanity and the future, and the ritualistic summoning of the Elder Gods as further indictments. (I can only infer he was so hopping mad, he didn't think of them.)

So what do we have? The same conservatives who are outraged that the government dares tell them what to wear, how much to eat, where to recreate, who to choose as their doctors, how to finance and invest, and whether companies can fly corporate jets, now welcome (with gusto!) government control of sexual relations.

What's wrong with this picture?

The only distinction between the activities above is that the last is the most personal, the most intimate, and lies most thoroughly within the "zone of independence" of them all. Is the conservative argument that the more private and emotionally intimate the activity, the greater the authority of the State to control and regulate it?

Where else does that priority hold? What parents teach their children about right and wrong is surely more intimate and private than what they teach them about fashion and hairstyle; should the former therefore be subject to rigid governmental review and control, with only the latter trivia left to the discretion of individual parents? The argument is risible.

I wish I could call it a straw-man construction, but I can think of no other reason why conservatives argue that the State can tell us who to make love to -- but for God's sake, don't monkey with our Happy Meals!

But lose not sight of the point: Scott Johnson embraces the cri de coeur from fellow movement-conservative, Supreme Court Justice Antonin Scalia, that the freedom to be intimate with whom you want (rather than with whom the government allows) is logically equivalent to license to legally marry persons of the same sex, close relatives, and persons already married, and license to commit the inhumane crime of bestiality and even the horrific, violent crime of forcible rape! Yes, I can certainly see that those acts are all of a feather.

And where is Scott's argument why this should be so? It doesn't seem facially obvious to me. Would he likewise argue that if government allows nude beaches, we'll be constitutionally required to legalize public orgies in middle school? The route between point A and point B on the "slippery slope" seems no less preposterous than the connection between decriminalizing "sodomy" (in private, among consenting adults) and legalizing bigamy, same-sex marriage, consanguineous marriage, bestiality, and rape.

I don't know about Scott himself, but I speculate that for most conservatives, they have no real syllogism; their "thoughts" on this issue are actually feelings, emotional responses that have no, and need no rational explanation.

Where does this leave us? It's not the only issue on which conservatives can be as mulish and irrational as liberals. Immigration and drug policy are two others, but the worst is modern biological evolutionary theory. The last is the most similar example to conservative allergy to sexual liberty:

  1. Many dyed in the wool atheists -- including Richard Dawkins, Chris Hitchens, Philip Pullman (of the wretched His Dark Materials books) -- insist that accepting the idea of evolution by natural selection requires one to reject God and faith and embrace atheism.
  2. A large number of conservatives with inadequate scientific schooling -- including Ann Coulter, Glenn Beck, Michael Medved, Ben Stein -- completely swallow the liberal argument.
  3. Therefore, being unwilling to reject God, they instead reject modern evolutionary biology, casting overboard more than a century of brilliant and apolitical science.

In fact, there is no logical or rational connection between allowing sexual freedom and requiring the definition of marriage to include any old relationship somebody might want; just as there is no reasoned conflict at all between biological evolution and faith in a theistic God, as Francis S. Collins conclusively proves in the Language of God; but there you are: Conservatives reject both as unthinkingly and reflexively as liberals denounce the Koch brothers, and for eerily similar reasons.

So I say again: Extremism in defense of conservatism is certainly less annoying than the liberal strain... but it's no less extremist -- and no more rational.

Cross-posted on Hot Air's rogues' gallery...

Hatched by Dafydd on this day, July 28, 2011, at the time of 7:25 PM

Comments

The following hissed in response by: Reid's Worst Nightmare

Dafydd, I agree that conservatives go too far when they reject modern evolutionary biology.

Having said that, can you honestly deny that a good portion of the left twists Darwinism (and yes, I use that phrase deliberately) into a religion of their own? Look at the way that guy on Bill Maher talked about sloping foreheads among people in the heartland. Look at the enthusiasm on the left for killing Trig Palin. Look at Al Gore talking about the "extra chromosome right." Look at the bumper stickers saying, "The gene pool needs clorine."

It is possible to accept the scientific validity of evolutionary biology while at the same time rejecting the genocidal religion of Darwinism. The two are no more the same than are science and Scientology.

The above hissed in response by: Reid's Worst Nightmare [TypeKey Profile Page] at July 29, 2011 9:10 AM

The following hissed in response by: Dafydd ab Hugh

Reid's Worst Nightmare

But we expect that of the Left, don't we? I hold the Right to a higher standard!

Dafydd

The above hissed in response by: Dafydd ab Hugh [TypeKey Profile Page] at July 29, 2011 12:57 PM

The following hissed in response by: Frank Hood

Dafydd,

I certainly agree with almost everything you say, but unfortunately like most conservatives I find myself reluctantly being against many things I would otherwise support, and the reason is as you cite: "But granting the fundamental right to do something perverse does not obligate society to applaud the perversity." I wholeheartedly agree, but the left, the legislatures, and the courts do not.

I want children to read about Einstein in textbooks. Do I care that he was married? No, not relevant. Do I care if he was homosexual? No. not relevant. Do I care if he was Jewish? Only to the extent that it explains why he was in America rather than Nazi Germany. Unfortunately Gov. Moonbeam II has just demonstrated that I don't get to ignore Einstein's possible sexual peccadilloes. Any possible behavior that is legal is now necessary, and any behavior the powers that be deem unnecessary (like Christianity or eating salt or too much fat) is now a candidate for illegality.

Find me a solution to that issue--we both know what that solution truly is but despair of getting society to enforce people taking responsibility for their own actions--and I will happily allow lots of behavior I disagree with.

The above hissed in response by: Frank Hood [TypeKey Profile Page] at July 29, 2011 1:37 PM

The following hissed in response by: Ken Hahn

Does the state have the right to regulate any sexual activity? Can it regulate child pornography or even child prostitution? Can it set an age of consent? Can it prohibit sex between relatives? Can it forbid bestiality?

If it can regulate those or a myriad of other activities loosely defined as sexual, why then cannot it not regulate all sexual activity? You might argue harm to one of the persons involved and you would be right. But you have accepted that the law can define harm and thus it is a matter of judgment not a core philosophical value as to what may be regulated.

As a person who has elements of libertarianism, conservatism, nationalism and a few totally random ideas as a political belief system I am unconcerned that a majority of those who proclaim any political philosophy disagree with me on any given issue. I don't believe that the state should regulate sexual activity between consenting adults that does not cause harm, but I cannot define with any degree of certitude sex, consent, adulthood or harm. I'm not even real clear on "cause". On a case by case basis I will trust my judgment. In broad philosophical term I cannot find any consistency except in anarchy or total authoritarianism.

The above hissed in response by: Ken Hahn [TypeKey Profile Page] at July 29, 2011 10:58 PM

The following hissed in response by: Dafydd ab Hugh

Ken Hahn:

Does the state have the right to regulate any sexual activity?[1] Can it regulate child pornography or even child prostitution?[2] Can it set an age of consent?[3] Can it prohibit sex between relatives?[4] Can it forbid bestiality?[5]

These are easy questions:

  1. Yes, it can regulate some sexual activity; see below.
  2. Yes, it can prohibit child pornography because children cannot give informed consent. It can prohibit child prostitution because (a) lack of informed consent, and (b) prostitution is a commercial transaction which can be regulated, subject to zoning, or prohibited altogether.
  3. Setting an age of consent is critical to determining whether informed consent is possible.

    [I have some disagreement here; I believe consent depends upon maturity, which is different for each individual. I have known some sixteen year olds who are more mature, more able to give consent than some thirty year olds. But it's virtually impossible to implement such a consent regime; what tests do we conduct to determine whether a person is "mature?" The only workable method at this time requires setting a specific "age of consent". (Robert A. Heinlein touched upon the subject in some of his stories, but he didn't come up with a general theory of determining consent.)]
  4. No, I don't believe the State can prohibit sex between relatives, even siblings or parent and child. Marriage, yes; sexual activity, no, assuming the relatives are all of age.
  5. Yes, bestiality can be forbidden on grounds of inhumane treatment of animals.

Dafydd

The above hissed in response by: Dafydd ab Hugh [TypeKey Profile Page] at July 30, 2011 12:40 AM

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