Religious Liberty, Modesty, and The Morality Police

Fresno Bee, October 2, 2022

Morality is not external conformity. Let’s keep this in mind when thinking about recent protests in Iran against the “morality police.” Those protests broke out in response to the death of Mahsa Amini, a woman who died after being detained by the morality police for wearing her hijab (a head covering) too loosely.

For Americans of the present generation, the notion of the morality police is hard to fathom. How strange that anyone cares whether women cover their hair.

Of course, societies have often attempted to control women’s lives, bodies, and sexuality. A hundred years ago in the United States, swimsuit police tried to prevent women from showing too much skin at the beach.

We’ve come a long way. Thanks to the secular principles found in the First Amendment, we are free to wear what we want. There is no morality police here because we view fashion as a form of free expression.

There are limits, of course. Schoolchildren are not free to wear pornographic or offensive T-shirts. Nudity is prohibited. And in a recent case out of Everett, Washington, the courts upheld a law prohibiting baristas at the Bikini Hut coffee shop from dressing like strippers. The Ninth Circuit Court drew a line at “pasties and a G-string” with your coffee.

But beyond those limits, our secular system holds that fashion, sex, and sexuality are private matters, not subject to policing. This is the result of a long struggle against a more restrictive worldview. And some Americans might prefer a return to modesty and conformity. Until recently, school districts prohibited girls from wearing tight leggings or yoga pants — including here in Clovis, which only changed its policy this year.

So, let’s not take the struggle for liberty and privacy for granted. It’s only been about 20 years since the U.S. Supreme Court overturned laws against sodomy, in Lawrence v. Texas. It’s only been seven years since Obergefell v. Hodges gave same sex couples the right to marry. And challenges remain. The court has called the idea of a “right to privacy” into question with the Dobbs decision that overturned Roe v. Wade earlier this year.

Behind these legal issues is a basic argument about the importance of liberty. This is related to a claim about the futility and absurdity of trying to police fashion, sex, and modesty.

Americans pledge allegiance to the idea of a country founded on the idea of liberty and justice for all. Liberty means that you can wear a hijab or a bikini. The choice is up to you.

And if I don’t like your choice, I can choose not to look. We forget this important point with regard to modesty. Rather than worrying about women flaunting their bodies, why don’t we insist that men stop ogling them?

There is no doubt that state power can dominate people. But police power does not actually create modesty or virtue. It is futile to use police power to enforce external conformity to norms of fashion, virtue, and modesty.

Clothing and hairstyles have nothing to do with the content of your character. It’s what’s inside your head and your heart that counts, not what you wear on the outside. That’s why the idea of fashion police is absurd. It is a meaningless exercise in enforcing conformity that is only skin deep.

Morality is simply not the kind of thing that results from the application of external force. The way to make people moral is to educate them, not to beat them into compliance. External force is useful for animals. We fence them in and leash them. But that’s not how you treat human beings.

Arresting people for what they wear (or don’t wear) also breeds discontent and further nonconformity. Women protested against the swimsuit police in the United States a hundred years ago. They are pushing the limit in the case of bikini baristas. And in Iran, women are burning their hijabs.

To force human beings to conform to some standard of modesty is degrading and ineffective. Secular systems of law respect our freedom to decide for ourselves about what we believe about modesty and how we adorn our bodies. This approach is respectful of our humanity, our rationality and our liberty.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article266575386.html#storylink=cpy

Religious Switching is a Sign of Freedom

Fresno Bee, September 17, 2022

The religious composition of the United States has changed significantly in the past 50 years. A new report from the Pew Research Center predicts that the Christian population will continue to shrink during the next half century. This is what happens in a world of religious liberty.

In 1972, 90% of Americans were Christian. Today only 64% of Americans identify as Christian. If the rate of change remains steady during the next 50 years, Pew predicts that the Christian population will be 46% in 2070.

Those who have left Christianity have mostly turned away from organized religion. Social scientists call this group “the nones.” When asked about their religious affiliation they say “none.” During the past 50 years, the nones increased from 5% in 1972 to around 30% today. If trends remain the same, five decades from now 41% of the population will be nones.

There are also non-Christian religious affiliations: Jews, Muslims, Hindus, Sikhs, Buddhists, and others. Those folks add up to about 6% of the population today. This combined group of non-Christians may increase to 13% during the next 50 years, if rates remain constant.

The result will likely be a country in which Christianity is no longer the dominant religion. Some may view this as a tragedy, especially those who maintain that America ought to be a “Christian nation.” But proponents of secular social and political systems will suggest that this is just the way that liberty works. If people are given the freedom to choose their own path through life, then we ought to see a profusion of lifestyles, affiliations and identities.

The Pew Center does not offer an explanation as to why all of this change began to occur after the 1970s. But such an explanation might include the fact that liberal interpretations of the First Amendment in the middle of the 20th century fanned the flames of liberty. School prayer was prohibited along with devotional Bible readings in the 1960s. The civil rights movement and changed immigration laws opened doors and eyes. A bigger, freer world emerged.

This does not mean that American secularism is opposed to religion, as some religious folks claim. The First Amendment framework is not antireligious. It protects the free expression of religion while preventing the state from creating an establishment of religion. This framework is good for religious people because it allows them to pursue their own faith in their own way.

But as liberty grows, a world of possibilities unfolds. This includes the likelihood that people will leave old traditions behind in order to make meaning for themselves in new and different ways. Lovers of liberty should celebrate our shifting religious demography. Religious switching is a sign of our freedom.

One of the great defenders of liberty, the philosopher John Stuart Mill, spoke of the importance of “experiments in living.” We need to be free to explore and experiment because no human being has a monopoly on truth. To believe something, we must experience it for ourselves. And if the old traditions no longer make sense, we should be free to create new ones.

Experimentation helps us discover new and better ideas. This process is also good for faith traditions. Competition in the realm of ideas encourages people to think more carefully about what they really believe and why they believe it.

Some people don’t like the marketplace of ideas. If your faith once had a monopoly, you may not welcome challenges to your dominance. You may resent new ideas and the liberty that allows them to be born.

Intolerance is “natural to mankind,” as Mill pointed out. Genuine religious freedom has rarely been practiced in human history. Bigotry and persecution are more common. Socrates and Jesus were both killed for opposing traditional dogma. The Protestants of Europe were persecuted by the old regime. Some fled to America, where they wrote religious tolerance into law.

In a world of liberty, nothing stays the same for long. We are creative and curious beings. Free people explore and innovate. Old traditions get left behind. Or they grow and adapt to the needs of the present. But the future belongs to the vitality of the experimental mind.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article265910211.html#storylink=cpy

Living In the Shadow of Doomsday

Fresno Bee, September 11, 2022

Down in Antarctica, a massive glacier is rapidly melting. The media have dubbed this 80-mile-wide ice sheet “the doomsday glacier.” Reporters warn that when the glacier collapses, it could raise global sea level by 2 feet. The collapse could happen as soon as 2031.

We are a long way from Antarctica. But it’s easy to picture the ice melting during our roasting September heat wave. My car thermometer hit 117 the other day.

It does seem like our “house is on fire,” as Greta Thunberg put it in a speech at the World Economic Forum in Davos, Switzerland a couple of years ago. Thunberg said, “I want you to panic.” She continued, “And then I want you to act. I want you to act as you would in a crisis. I want you to act as if our house is on fire. Because it is.”

When speaking to the elites at Davos it might help to ring the alarm bells loudly. Our leaders are currently throwing a few buckets of water at an advancing wildfire. They need some political heat to get them moving.

But what about the rest of us? Should we panic? Eco-anxiety is a serious problem, as I discussed in a previous column. Nihilism and despair are as deadly as the rising heat. If doomsday really is right around the corner, we might be inclined to crank up the AC, pull down the blinds and abandon hope.

Doomsday is pretty depressing, after all. But let’s think critically about our language for a moment. Words like “doomsday” cause panic and despair. Two feet of sea level rise is bad. But the world won’t end. Media literacy can help prevent overreaction. Doomsday is just a word. It was chosen by the headline writers to capture your attention.

It also helps to recall that human beings are adaptable and inventive. We likely won’t prevent climate change from re-shaping civilization. But human beings change and adapt. The history of civilization is a story of our adaptability and inventiveness. The future won’t be easy. And there will be pain. But it’s better to embrace the inevitability of change than to hide in the closet.

We had some practice in dealing with radical change during the COVID-19 pandemic. Things fell apart for a time. Remember the fear? The uncertainty? The toilet paper shortages? But we adapted. The response wasn’t perfect. Many people died. Political life became polarized. And we’re still recovering. But here we are. Life goes on. It’s different today than it was a few years ago. But each dawn is different.

We need to develop a kind of Stoic resolve, leavened with creativity, humor, love, and joy. One of my mentors, the philosopher John Lachs, described this as “Stoic pragmatism.” He encourages us to confront tragedy with “equanimity born of joy.”

We need endurance and acceptance but also good humor and energy. When things get rough, as they always do, it helps to smile into the pain. Shake off the suffering and keep going. That’s what marathon runners do. It’s what inventors, entrepreneurs, and artists do when they hit a roadblock. Make a joke, suck it up, and get back to work.

We have strayed pretty far from the doomsday glacier. But the end is never really far away. On any given day, millions of people experience their own private doomsdays. Loss is inevitable. Everyone you know and love eventually ends up dead. And no civilization lasts forever.

In admitting our mortality, there is the risk of despair. But it is better to look into the abyss with open eyes than to live in denial. And once you accept the inevitable, you can discover acceptance and even joy. John Lachs put it this way in a book he wrote about death and dying: “Of course we die, but why should that spoil breakfast?”

That cheerful nugget of wisdom is helpful. This doesn’t mean that we should just smile and wave without taking action. The house is on fire. There’s work to be done. And we’re going to have to adapt. But freaking out doesn’t help. When doomsday arrives, it’s better to greet it with creative good humor than with anxiety and despair.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article265519076.html#storylink=cpy

The Ethics of Fatherhood: On Rights, Responsibilities, and Abortion

Fresno Bee, June 19, 2022

Since this is Father’s Day weekend and our country is expecting a U.S. Supreme Court decision about abortion, let’s consider how the ethics of fatherhood connects to the ethics of abortion. Abortion is a matter of women’s rights. But as they say, it takes two to tango.

The Roe v. Wade decision briefly mentioned the ancient idea that abortion violated a “father’s right to his offspring.” In the old days, husbands and fathers controlled the reproductive lives of their wives and daughters. But Roe v. Wade established a woman’s right to decide for herself, within limits, about terminating a pregnancy. Subsequent decisions, such as Planned Parenthood v. Danforth, clarified that when there was a conflict between mother and father about abortion, the mother’s right should prevail.

And yet, fathers may want a say in the matter. There are two very different ways this might occur. Some fathers may want the mother to keep the child. Other fathers may want the mother to abort.

This last kind of case has led some men to seek a so-called “financial abortion.” The idea here is that if a mother remains pregnant against the father’s wishes, he should not have to pay child support. So far, there is no legal basis for financial abortion. Instead, if paternity is established, fathers are liable for child support.

I suspect that if more men understood the obligation of child support, they would be more responsible about birth control. If you dance without protection, you may have to pay the piper.

This points us toward the importance of responsibility. It is not only the woman who is responsible for avoiding pregnancy. She didn’t dance alone. And when a child is born, both parents are responsible to care for the child.

Responsibilities are different from rights. Discussions of rights are typically about what we are free to do without interference. If you have a right to dance, you are free to dance with whomever you want, without the government preventing you. The right to an abortion is similar, as a kind of freedom from interference. Rights give us permissions, while responsibility gives us duties.

Responsibilities are harder to enforce. You are free to tango. But no one can force you to dance well. Nor can anyone force you to use protection when you dance. That area of responsibility is left up to the dancers.

Ethical men behave well before, during, and after the tango. They are respectful of the women they dance with. They are not selfish or cruel when they dance. And after the dance is over, they take responsibility for the outcome.

Of course, in our libertarian society, you are free, within limits, to be a bad father. “Dead beat dads” and abusive fathers can be punished. But apart from those extreme cases, there is no legal obligation to be a good dad.

And what do good dads do? Well, they love their children. This means that they are responsible and caring, compassionate and supportive. This lovingkindness extends throughout a child’s life.

One way that paternal love unfolds is through a kind of identification. Paternal love is like the Golden Rule but more intimate. We love our children as ourselves because they remain a part of us. A father’s love is both selfish and selfless. There is no room in paternal love for jealousy, resentment, or cruelty.

Good fathers also respect the autonomy of their children. A father does not own his children. They will transcend him. Good fathers do not impose or command. Rather, they encourage and support, knowing that when the child becomes herself, she will leave him behind.

Again, the metaphor of dancing comes to mind. Dance is responsive. It involves structure. But it also includes freedom. A dance without freedom is a slogging march. But dance without structure is merely a spasm of movement. Somewhere in the middle there is beauty, grace, and joy.

Let’s not forget the importance of paternal love and responsibility as we think about the ethics of abortion in the coming weeks. We have a right to dance. But we also have a responsibility to dance well. And somewhere in all of this, we ought to seek transcendence, joy, and love.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article262610487.html#storylink=cpy

How much carnage is enough?

Fresno Bee, June 5, 2022

Social policy involves managing risks. But we, the people, are not good at this. We fear some things that are unlikely, while ignoring other very real dangers. In some cases, our fears are irrational. In other cases, our fearlessness is rash and uninformed.

Our track record is not reassuring. Over 1 million people in the U.S. have now died of COVID-19. The Kaiser Family Foundation estimates that 234,000 of the deaths that occurred since vaccines became available could have been prevented by vaccination. But some people are more afraid of the vaccine than the disease.

This makes you wonder whether we will make wise choices with regard to gun violence. The schoolroom massacre in Uvalde, Texas was horrifying. One event like this seems to be too many. The good news is that most schools remain safe. Mass school shootings remain rare. An analysis published in Scientific American reports that since 1966, there have been 13 mass school shootings (with four or more victims). But the carnage is horrific, with 146 people killed.

And many more people die in “ordinary” gun violence and from firearm suicide. The Pew Center reports that in 2020 — the most recent year of complete data — more than 45,000 people were killed by guns. More than half of those deaths (about 24,000) were from suicide.

These numbers are appalling. But how do they compare with other risks? One point of comparison is drug overdose deaths. The National Institutes of Health reports that in 2020, nearly 92,000 people died from drug overdoses. This is another appalling number.

We might also consider traffic fatalities. The California Department of Transportation reports that in 2020, nearly 39,000 people died in car crashes. This means that in 2020, more people died from guns than from car crashes. But more people died from drug overdoses than from car crashes and gun violence combined.

So how do we compare these depressing apples and oranges? Well, the benefits of cars are obvious. We need them to get to work. But are guns such an obvious necessity? Some view them as necessary for self-defense. Others enjoy shooting as a fun hobby. And a few believe that an armed populace prevents the slippery slope toward authoritarianism. Are those supposed benefits worth the annual bloodbath? What level of carnage is acceptable?

Some ask whether any of this is acceptable. Earlier this year, U.S. Secretary of Transportation, Pete Buttigieg, announced the ambitious goal of reducing traffic fatalities to zero. Buttigieg said, “We cannot and must not accept that these fatalities are somehow an inevitable part of life in America.” What if we had a similar goal of zero deaths with regard to COVID-19, drug overdoses, or gun deaths? This seems impossible. But that all depends on what we are willing to trade off and what we accept as inevitable.

Imagine what we’d need to do to eliminate automotive fatalities. We’d need safer cars, better roads, and more enforcement. Drivers would need better training. We’d need to eliminate drinking and driving, as well as cell phone distraction. And we might have to change the speed and size of our vehicles.

A similar comprehensive agenda would be needed to reduce gun violence and drug overdose death. Are we willing to make those kinds of changes? Or are we willing to tolerate all of this misery and death?

Some gun control measures seem blatantly obvious. One step would be to coordinate gun ownership with the legal drinking age, as it is in California. The Scientific American analysis indicates that the average age of mass school shooters is 18. The Uvalde murderer bought his weapon legally after he turned 18. It makes little sense for 18-year-olds to be able to purchase assault weapons, as they can in Texas, when they are not old enough to buy beer or cigarettes.

But even that modest proposal is controversial in a world out of whack. I am frankly not very hopeful that we’ll do much to reduce any of this American carnage. Our nation is too polarized. And we are not good at managing risk. But if we are going to move in the right direction, we’ll need to keep asking how much blood and how many tears we are willing to accept.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article262100462.html#storylink=cpy