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Sex, Law, Religion—and a Secularist’s Morality Tale

In Sex in the Constitution, Geoffrey Stone—formerly dean of the University of Chicago’s law school—explains how the American legal system dealt with attempts to regulate sexual relations from colonial times until the present day, giving particular attention to the ways legislation regarding sex ran up against the religious freedoms guaranteed by the First Amendment. Andrew Koppelman finds the book “a remarkably clear articulation of a very common [but] crude view of the appropriate relation between politics and religion”:

Stone thinks that the controversies over legal regulation of sexuality were, at their core, religious. . . . The struggle is one between good secularism and bad religion. . . . The struggle is not only about sexual freedom. It is also about containing the dangerous power of religion. . . . [T]he book reads like an indictment of the dangerous and tyrannical impulses of religious dogma. Yet the religious are not the bad guys in the story of modern sexual liberation. . . .

[For instance], Stone emphasizes the [Constitution’s] framers who sought to contain religion for rationalistic reasons. But American disestablishment was equally the creation of dissenting Protestants who thought that state support tended to corrupt the true faith. Religious fanatics like John Milton and Roger Williams advocated disestablishment a century before the Enlightenment. The Christians’ indispensable role in disestablishment presents a problem for Stone’s vision of a politics purged of religious influence. . . .

[But the more important question is this:] how bad is it if a law’s supporters are religious? Stone notes that when Californians voted against same-sex marriage in 2008, “the voting patterns made crystal clear” that the law was “a successful effort by persons holding a specific religious belief to use the authority of the law to impose their belief on their fellow citizens.” . . . The argument implies that the support of religious people is a kind of constitutional poison, contaminating and invalidating otherwise legitimate statutes. Of what use then is their right to vote?

Read more at New Rambler

More about: American law, First Amendment, Religion & Holidays, Secularism, Sex, U.S. Constitution

 

Mahmoud Abbas Comes to the UN to Walk away from the Negotiating Table

Feb. 22 2018

On Tuesday, the Palestinian Authority president, Mahmoud Abbas, addressed the United Nations Security Council during one of its regular discussions of the “Palestine question.” He used the opportunity to elaborate on the Palestinians’ “5,000-year history” in the land of Israel, after which he moved on to demand—among other things—that the U.S. reverse its recognition of Jerusalem as Israel’s capital. The editors of the Weekly Standard comment:

It’s convenient for Abbas to suggest a condition to which he knows the United States won’t accede. It allows him to do what he does best—walk away from the table. Which is what he did on Tuesday, literally. After his speech, Abbas and his coterie of bureaucrats walked out of the council chamber, snubbing the next two speakers, the Israeli ambassador Danny Danon and the U.S. ambassador Nikki Haley, . . . [in order to have his] photograph taken with the Belgian foreign minister.

Abbas has neither the power nor the will to make peace. It’s the perennial problem afflicting Palestinian leadership. If he compromises on the alleged “right of return”—the chimerical idea that Palestinians can re-occupy the lands from which they [or their ancestors] fled, in effect obliterating the Israeli state—he will be deposed by political adversaries. Thus his contradictory strategy: to prolong his pageantry in international forums such as the UN, and to fashion himself a “moderate” even as he finances and incites terror. He seems to believe time is on his side. But it’s not. He’s eighty-two. While he continues his performative intransigence, he further immiserates the people he claims to represent.

In a sense, it was entirely appropriate that Abbas walked out. In that sullen act, he [exemplified] his own approach to peacemaking: when difficulties arise, vacate the premises and seek out photographers.

Read more at Weekly Standard

More about: Mahmoud Abbas, Nikki Haley, Politics & Current Affairs, United Nations