Tag: Texas

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The Ten Commandments and the First Amendment

Fresno Bee, July 7, 2024

The Ten Commandments have long been controversial. So, it’s not surprising that Christians in Louisiana have resurrected this controversy with a law requiring the Ten Commandments to be posted in schools. Oklahoma and Texas are following suit. Donald Trump recently posted, in all caps, “I LOVE THE TEN COMMANDMENTS IN PUBLIC SCHOOLS.”

This appears to violate the Establishment Clause of the First Amendment, which prohibits state entities from propounding religious doctrine. This does not mean, however, that schools and teachers cannot address the controversy.

At best, the text known as the Ten Commandments invites deeper conversations about religion, ethics, and political life. At worst, it becomes a meaningless idol, posted on the wall without thought.

Scholars refer to this text as The Decalogue, which means “ten sayings.” In the Bible, these sayings are not numbered and occur in slightly different forms in Exodus and Deuteronomy. The text has been interpreted in diverse ways. This includes a difference in numbering the commandments. Catholics think the sixth commandment is against adultery, while Protestants count that as number seven. For Catholics, the commandment against murder is number five. Protestants count that as number six.

Beyond the textual details is the deep question of whether morality must be grounded in religion. The first several commandments are religious, which may suggest that faith is before ethics. Does this mean that atheists cannot be ethical?

Another significant question is whether morality is negative, focused only on a few “you shall not” prohibitions. Should we donate to the poor, forgive our enemies, or give special consideration to the disabled?

The Decalogue is silent on these questions. It does not mention abortion, the death penalty, or war. Nor does it celebrate democracy or liberty. The Decalogue has always been the subject of interpretive disputes. When asked about these ancient laws, Jesus offered a succinct interpretation, suggesting that there are only two laws: love God and love your neighbor as yourself.

Of course, this did not settle the matter. Benjamin Franklin suggested the existence of twelve commandments, with the first being “to increase and multiply” and the twelfth demanding us “to love one another.” John Adams and Thomas Jefferson discussed the matter in letters the two ex-presidents exchanged about a German book of Biblical criticism. Adams suggested that the book showed that the Ten Commandments were “not written by the finger of God on tables.” Jefferson expressed doubt about the authenticity of the Decalogue since, as he put it, the history of these texts is “defective and doubtful.”

There are lots of interesting questions here for student research and reflection. Consider the third or fourth commandment—depending on your tradition—which focuses on keeping the sabbath day holy. Does this mean that businesses must close or that it would be wrong to watch football on Sunday? Students might also ask whether Sunday is actually the sabbath. Most Christians think so. But Seventh-Day Adventists maintain that Sunday was imposed on Christians by the Romans. They follow Jewish tradition and view Saturday as the Sabbath.

Critical discussions of the Decalogue should eventually lead to a conversation about the value of the First Amendment as a response to religious diversity. When a state authority picks sides in religious and moral controversies, it ends up violating the Establishment Clause. There is no doubt that the Decalogue is controversial. But does posting the text amount to promoting a religious viewpoint?

If the text were posted alongside similar texts such as Hammurabi’s Code, Buddhism’s Four Noble Truths, or the Five Pillars of Islam, it would be more obviously a stimulus for critical thought and lessons about history. Context matters. As does the intention of those who post such texts.

Christian culture warriors do not seem to engage in critical thinking about the Bible. Here is the irony: If the text isn’t used to spur critical conversations, it appears to violate the First Amendment. But once we engage in a critical conversation about the Decalogue, it becomes obvious that the text is controversial and that the Establishment Clause ought to prohibit it from being posted as an idol in classrooms.

Read more at: https://www.fresnobee.com/opinion/article289743274.html#storylink=cpy

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Abortion Ethics and the Texas Heartbeat Law

Fresno Bee, September 12, 2021

Abortion is a contentious moral and political issue. The new law in Texas, “The Texas Heartbeat Act,” gives us a lot to think and argue about.

One issue is the law’s novel “enforcement” mechanism. The law does not put the state directly in charge of policing abortion. Rather, that is left up to what the law calls “a private civil right of action.” Citizens may direct lawsuits against abortion providers.

Critics have pointed out that this is a kind of vigilante enforcement, where ordinary people are empowered to punish abortion. There will likely be legal challenges to that enforcement mechanism.

The deeper moral question is about where we draw the line that establishes the moral worth of a fetus. The Texas law draws that line around so-called fetal heartbeat. The law states that “fetal heartbeat has become a key medical predictor that an unborn child will reach live birth.” It defines fetal heartbeat as “the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.”

Critics have pointed out that while rhythmic activity is detectable at about six weeks, this is not a heartbeat. There are no heart valves at that stage of development.

You might think that the question of fetal heartbeat would be easy to answer. But is there a “heartbeat” before the heart is fully formed? Furthermore, why does heartbeat matter?

This is connected to questions at the other end of life. Is a person whose heart has stopped beating really dead? Hearts can be re-started and even transplanted. And blood can be pumped artificially.

So, heartbeat is not the only thing that matters in thinking about the moral status of a body. Indeed, there are deep disagreements about how we determine that moral status.

Some opponents of abortion draw the line earlier than six weeks, claiming that “life begins at conception.” This perspective claims that when there is a unique set of DNA — when sperm and egg unite — a unique person is created. The “life begins at conception” idea opposes abortion as well as “contraception” that prevents fertilized eggs from implanting in the uterus.

On the other hand, some defenders of abortion argue that what matters is “viability,” the ability of a fetus to live outside of its mother’s womb. Others focus on brain development. The brain-based view may be fleshed out in various ways. Perhaps what matters is sentience, the ability of a fetus to feel pain. Or maybe what matters is the development of complex neurological systems capable of desire, intentionality, and higher-thought.

Viability and complex brain development happen much later than six weeks.

A further consideration is what happens when there is a conflict of goods and values. Some pro-choice arguments will admit that a fetus has some moral value while also maintaining that the mother’s autonomy can trump that value. Sometimes this is articulated as saying that an actual person’s rights outweigh the emergent rights of a merely potential person.

Furthermore, there is the legal question of what we should do when there are fundamental disagreements about all of this. In Texas, the state has decreed that what matters is the so-called heartbeat. But what if a woman in Texas disagrees with that? She may think that brains matter.

Or she might think, as they used to in the old days, that what matters is “quickening” — the moment when a woman feels the fetus move within her. Or she may believe that a fetus becomes a person when it draws its first breath at the moment of viability.

How can we restrict abortion without violating a woman’s right to decide for herself about fundamental questions of personhood, ensoulment, and the value of her own autonomy?

Abortion is contentious because we disagree about the answer to that question and the other questions mentioned here. These disagreements are not going away. They cannot be solved by science and medicine. Nor does yelling and protesting resolve them.

These are metaphysical and moral disagreements, involving disputes about the meaning and value of life. As we continue to argue about abortion, we ought to try our best to understand the depth of these disputes and to think critically about our disagreements.