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

Israel Just Sent Iran a Clear Message

Early Friday morning, Israel attacked military installations near the Iranian cities of Isfahan and nearby Natanz, the latter being one of the hubs of the country’s nuclear program. Jerusalem is not taking credit for the attack, and none of the details are too certain, but it seems that the attack involved multiple drones, likely launched from within Iran, as well as one or more missiles fired from Syrian or Iraqi airspace. Strikes on Syrian radar systems shortly beforehand probably helped make the attack possible, and there were reportedly strikes on Iraq as well.

Iran itself is downplaying the attack, but the S-300 air-defense batteries in Isfahan appear to have been destroyed or damaged. This is a sophisticated Russian-made system positioned to protect the Natanz nuclear installation. In other words, Israel has demonstrated that Iran’s best technology can’t protect the country’s skies from the IDF. As Yossi Kuperwasser puts it, the attack, combined with the response to the assault on April 13,

clarified to the Iranians that whereas we [Israelis] are not as vulnerable as they thought, they are more vulnerable than they thought. They have difficulty hitting us, but we have no difficulty hitting them.

Nobody knows exactly how the operation was carried out. . . . It is good that a question mark hovers over . . . what exactly Israel did. Let’s keep them wondering. It is good for deniability and good for keeping the enemy uncertain.

The fact that we chose targets that were in the vicinity of a major nuclear facility but were linked to the Iranian missile and air forces was a good message. It communicated that we can reach other targets as well but, as we don’t want escalation, we chose targets nearby that were involved in the attack against Israel. I think it sends the message that if we want to, we can send a stronger message. Israel is not seeking escalation at the moment.

Read more at Jewish Chronicle

More about: Iran, Israeli Security