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?

Subscribe to Mosaic

Welcome to Mosaic

Subscribe now to get unlimited access to the best of Jewish thought and culture

Subscribe

Subscribe to Mosaic

Welcome to Mosaic

Subscribe now to get unlimited access to the best of Jewish thought and culture

Subscribe

Read more at New Rambler

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

Europe Must Stop Tolerating Iranian Operations on Its Soil

March 31 2023

Established in 2012 and maintaining branches in Europe, North America, and Iran, the Samidoun Palestinian Prisoner Network claims its goal is merely to show “solidarity” for imprisoned Palestinians. The organization’s leader, however, has admitted to being a representative of the Popular Front for the Liberation of Palestine (PFLP), a notorious terrorist group whose most recent accomplishments include murdering a seventeen-year-old girl. As Arsen Ostrovsky and Patricia Teitelbaum point out, Samidoun is just one example of how the European Union allows Iran-backed terrorists to operate in its midst:

The PFLP is a proxy of the Iranian regime, which provides the terror group with money, training, and weapons. Samidoun . . . has a branch in Tehran. It has even held events there, under the pretext of “cultural activity,” to elicit support for operations in Europe. Its leader, Khaled Barakat, is a regular on Iran’s state [channel] PressTV, calling for violence and lauding Iran’s involvement in the region. It is utterly incomprehensible, therefore, that the EU has not yet designated Samidoun a terror group.

According to the Council of the European Union, groups and/or individuals can be added to the EU terror list on the basis of “proposals submitted by member states based on a decision by a competent authority of a member state or a third country.” In this regard, there is already a standing designation by Israel of Samidoun as a terror group and a decision of a German court finding Barakat to be a senior PFLP operative.

Given the irrefutable axis-of-terror between Samidoun, PFLP, and the Iranian regime, the EU has a duty to put Samidoun and senior Samidoun leaders on the EU terror list. It should do this not as some favor to Israel, but because otherwise it continues to turn a blind eye to a group that presents a clear and present security threat to the European Union and EU citizens.

Subscribe to Mosaic

Welcome to Mosaic

Subscribe now to get unlimited access to the best of Jewish thought and culture

Subscribe

Subscribe to Mosaic

Welcome to Mosaic

Subscribe now to get unlimited access to the best of Jewish thought and culture

Subscribe

Read more at Newsweek

More about: European Union, Iran, Palestinian terror, PFLP