Author: readerjohn
Danton and Robespierre
Ross Douthat and Rod Dreher, both of whom disagree with Andrew Sullivan on same-sex marriage, nevertheless agree that he’s the most important political writer of his generation.
Dreher’s synopsis of Sullivan’s significance at this historic moment really grabbed me, and summarizes my forebodings: “I think he’s something of a Danton figure. Now, I fear, come the Robespierres.”
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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)
Not the SCOTUS comments you might expect
I’m disappointed at our Supreme Court’s Wednesday decisions, but I’ll not annoy you with my cries de coeur. They’re in my private journal as they occur to me.
The Court ruled that Prop 8 proponents were not the right party to bring the suit. Wherever vague and conflicting standing doctrine points, its application here eviscerated the California referendum process. That process was designed to let citizens pass laws, and amend their constitution, to check and balance government officials. If those same officials can effectively veto provisions of the state constitution by refusing to enforce and then refusing to defend them, the point of the referendum process is defeated.
(The Supreme Court, You and Me, and the Future of Marriage)
Did you get that? It didn’t say “Blah blah blah blah blah.” The California referendum process is their to let California voters overrule their elected officials. It isn’t an easy process. As I recall, the Attorney General gets to edit the referendum question to some extent, and the Attorneys General use that power to skew voting as much as possible in the direction they want.
Now, if the voters repudiate their masters by clearing all those hurdles, it appears that the government can just smirk and play their final trump card: refuse to defend and trust than nobody else has standing. Perhaps there could be voter standing if the party or parties seeking to defend could demonstrate particular and tangible harm, but that’s not likely to be true on most of the day’s vexed social issues.
[E]ven some who cheer the [DOMA] decision have called its reasoning less than coherent or satisfying.
(Ibid.)
DOMA, [Justice Kennedy] goes on to insist, must have been motivated by a “bare desire to harm,” or “to disparage and to injure.” Its sole purpose and effect is to “impose inequality,” to deny “equal dignity,” to “humiliate.” He infers all this from a few passages in its legislative history about defending traditional morality and the institution of traditional marriage, from its effects, and from the act’s title. Most importantly—and scandalously, given his obligations as a judge—Kennedy does so with nothing more than passing reference to arguments made for DOMA in particular, and conjugal marriage in general. How else could his reasoning leap from the people’s wish to support a certain vision of marriage, to their alleged desire to harm and humiliate those otherwise inclined?
The effect of this refusal to engage counterarguments is the elevation of a rash accusation to the dignity of a legal principle: DOMA’s supporters—including, one supposes, 342 representatives, 85 senators, and President Clinton—must have been motivated by ill will.
(Ibid.)
In his DOMA dissent, Justice Alito goes out of his way to frame the central issue of both cases: They involve, he writes, a contest between two visions of marriage—what he calls the “conjugal” and “consent-based” views. He cites our book as exemplifying the conjugal view of marriage as (in his summary) a “comprehensive, exclusive, permanent union that is intrinsically ordered to producing children.” He cites others, like Jonathan Rauch, for the idea that marriage is a certain commitment marked by emotional union. And he explains that the Constitution is silent on which of these substantive, morally controversial visions of marriage is correct. So the Court, he says, should decline to decide; it should defer to democratic debate.
The Court is likelier to defer to democratic debate if it believes there’s a genuine debate to defer to.
(Ibid.) The supporters of the traditional (conjugal) view of marriage must not let liars like Justice Kennedy silence them by baseless accusations of ill will. That is a partisan ploy, and has long been a conscious tool of the proponents of SSM. Nobody who respects truth will resort to this accusation.
For the record, I still support the traditional view of marriage and, as a corollary, must oppose same-sex marriage. I support the traditional view for many of the views set forth in What is Marriage? And I say that as one who has esteemed members of my extended family who experience same-sex attraction — one who no doubt will marry as soon as his state allows it (if he hasn’t already traveled to a state that does). My son’s most influential high school mentor was a barely-closeted gay man. He was “barely” closeted only because the smut-mongers wouldn’t leave him alone, to conduct his professional life with integrity, neither affirming that he was gay nor denying it. His sexuality was, properly speaking, not relevant — but some creeps, and more particularly, Church Lady Creepettes, insisted that They Knew, and demanded his brilliant, inspiring head on a platter. Thanks to them, perhaps (he won’t give them the perverse pleasure of confirming that they led him to leave), students now are spared his brilliance, and the program he led shows it.
It pained me more than once to stand in public meetings and oppose what I thought misguided in front of him and other closeted or “out” friends and acquaintances with same-sex attraction.
Justice Alito is right about their being two competing views. One of the things I’ve learned this Spring is that the traditional view is waning partly because young people don’t know about marriage history and falsely assume that the traditional view was invented, a la Justice Kennedy, out of desperate need to disguise the ill will that motivated opposition to SSM. But that’s not true:
Consummation or consummation of a marriage, in many traditions and statutes of civil or religious law, is the first (or first officially credited) act of sexual intercourse between two people, either following their marriage to each other or after a prolonged sexual attraction. Its legal significance arises from theories of marriage as having the purpose of producing legally recognized descendants of the partners, or of providing sanction to their sexual acts together, or both, and amounts to treating a marriage ceremony as falling short of completing the creation of the state of being married.
This is from the notorious right-wing Christianist website, Wikipedia.
Before same-sex anything was at stake, our society was already busy dismantling its own foundation, by innovations like no-fault divorce and by a thousand daily decisions to dishonor the norms of marriage that make it apt for family life. Atomization results from these forms of family breakdown—and from the superficially appealing idea that emotional closeness is all that sets marriage apart, which makes it gauche to seek true companionship and love in non-marital bonds. Part of rebuilding marriage will be responding to that atomization—reaching out to friends and neighbors suffering broken hearts or homes, or loneliness, whatever the cause. That, too, will make the conjugal view of marriage shine more brightly as a viable social option.
(The Supreme Court, You and Me, and the Future of Marriage) True. All true. There are threats besides, and probably greater (if only because they’re pandemic in the 98% that isn’t same-sex attracted), than same -sex marriage. But it’s the most acute at the moment. The others are chronic.
Finally, a collateral reason why I oppose the Tsunami:
This is perhaps the most remarkable thing about this entire debate: how so many who favor gay marriage — including, apparently, five members of the US Supreme Court — see absolutely no reason why anybody could oppose [SSM] in good conscience. We trads are not just wrong, but wicked. We are entering a dangerous world for believers. Expect to see the Law of Merited Impossibility fulfilled a lot more in the years to come. I defined it once as:
The Law Of Merited Impossibility is an epistemological construct governing the paradoxical way overclass opinion makers frame the discourse about the clash between religious liberty and gay civil rights. It is best summed up by the phrase, “It’s a complete absurdity to believe that Christians will suffer a single thing from the expansion of gay rights, and boy, do they deserve what they’re going to get.”
This has by no means been a comprehensive overview of the last 34 hours’ commentariat, nor as I indicated, of my own opinion, but I thought it probably was enough out of the mainstream that you might miss it despite the merits.
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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)
Back to some Tidbits
Trash Talk
If someone were to follow me around and record my every word and thought, I suspect I could be proven as guilty as anyone else of gossip and (at least inadvertent) misrepresentation of things I don’t understand. I certainly have been guilty in the past. Continue reading “Trash Talk”
Makers, fixers, philosophers
Alan Jacobs’ malfunctioning garage door opener, apparently boogered up by a sensor with “no user serviceable parts,” got him to thinking about planned obsolescence, things designed to be thrown away rather than fixed, and some questions someone* suggested should be asked of any new technology:
Ecological
What are its effects on the health of the planet and of the person?
Does it preserve or destroy biodiversity?
Does it preserve or reduce ecosystem integrity?
What are its effects on the land?
What are its effects on wildlife?
How much, and what kind of waste does it generate?
Does it incorporate the principles of ecological design?
Does it break the bond of renewal between humans and nature?
Does it preserve or reduce cultural diversity?
What is the totality of its effects, its “ecology”?Social
Does it serve community?
Does it empower community members?
How does it affect our perception of our needs?
Is it consistent with the creation of a communal, human economy?
What are its effects on relationships?
Does it undermine conviviality?
Does it undermine traditional forms of community?
How does it affect our way of seeing and experiencing the world?
Does it foster a diversity of forms of knowledge?
Does it build on, or contribute to, the renewal of traditional forms of knowledge?
Does it serve to commodity knowledge or relationships?
To what extent does it redefine reality?
Does it erase a sense of time and history?
What is its potential to become addictive?Practical
What does it make?
Who does it benefit?
What is its purpose?
Where was it produced?
Where is it used?
Where must it go when it’s broken or obsolete?
How expensive is it?
Can it be repaired?
By an ordinary person?Moral
What values does its use foster?
What is gained by its use?
What are its effects beyond its utility to the individual?
What is lost in using it?
What are its effects on the least advantaged in society?Ethical
How complicated is it?
What does it allow us to ignore?
To what extent does it distance agent from effect?
Can we assume personal, or communal responsibility for its effects?
Can its effects be directly apprehended?
What ancillary technologies does it require?
What behavior might it make possible in the future?
What other technologies might it make possible?
Does it alter our sense of time and relationships in ways conducive to nihilism?Vocational
What is its impact on craft?
Does it reduce, deaden, or enhance human creativity?
Is it the least imposing technology available for the task?
Does it replace, or does it aid human hands and human beings?
Can it be responsive to organic circumstance?
Does it depress or enhance the quality of goods?
Does it depress or enhance the meaning of work?Metaphysical
What aspect of the inner self does it reflect?
Does it express love?
Does it express rage?
What aspect of our past does it reflect?
Does it reflect cyclical or linear thinking?Political
Does it concentrate or equalize power?
Does it require, or institute a knowledge elite?
It is totalitarian?
Does it require a bureaucracy for its perpetuation?
What legal empowerments does it require?
Does it undermine traditional moral authority?
Does it require military defense?
Does it enhance, or serve military purposes?
How does it affect warfare?
Is it massifying?
Is it consistent with the creation of a global economy?
Does it empower transnational corporations?
What kind of capital does it require?Aesthetic
Is it ugly?
Does it cause ugliness?
What noise does it make?
What pace does it set?
How does it affect the quality of life (as distinct from the standard of living)?
I’m too old to memorize them, but certainly wanted to further memorialize them.
(* I share Jacobs’ skepticism that “someone” was Jacques Ellul. The language it too contemporary, some allusions too pointedly contemporary as well.)
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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)
Striking a balance
Perhaps the eager/anxious anticipation of the Supreme Court decisions on California’s Proposition Eight and the Defense of Marriage Act moved Elizabeth Scalia to write about why, confronted with an accusation of hypocrisy by an unknown internet scold, she nevertheless would neither condemn a gay friend’s decision to “marry” his partner nor offer him her felicitations:
First, I will not be held hostage to an ascendant social mood toward compulsory conformity; I will not give up my own (imperfect but free) thought and reason, whether it be to anonymous e-mailers who want me to prove my faith, or to an over-emotive era that demands that I prove my love. To the former I offer the words of Christ Jesus: “Go and learn the meaning of the words, ‘I desire mercy.’”
To the latter I offer a simple truth: Real love models God. God loves us unconditionally, and accepts all we are, but not all we do.
Secondly, I do not wish to surrender to the twin tyrannies of sentimentalism and relativism that overwhelm our society; within them resides neither justice nor truth …
Thirdly, I did not offer my friend public felicitations because I do not wish to be misunderstood, or to further add to the diminution of the concept of agape—the God-rooted depth of friendship that we have undervalued and left under-explored. Our pop culture portrays every first kiss as leading to a sexual tumble, and our society has largely adopted that mindset and practice. To us, it seems inconceivable that any love goes unconsummated or unconditionally approved. This makes it difficult for us to believe, or even to imagine, that sometimes God has other plans for love …
There follows a remarkable illustration of her third point. Do read her wonderful column, and don’t miss her self-referential link to an inspired bit of madness, “Jesus Never Said I Couldn’t Paint the Baby,” from April 9. (During the day, after I started writing this but hadn’t finished, Rod Dreher weighed in.)
What Scalia calls the “diminution of the concept of agape” others, like Robert P. George et al, see as threatening a drought of deep friendship, as here:
Misunderstandings about marriage will also speed our society’s drought of deep friendship, with special harm to the unmarried. The state will have defined marriage mainly by degree or intensity — as offering the most of what makes any relationship valuable: shared emotion and experience. It will thus become less acceptable to seek (and harder to find) emotional and spiritual intimacy in nonmarital friendships.
On the same day as Scalia’s “On the Square” column, Daniel Mattson adds there an installment to a slow-motion discussion of the appropriate vocabulary for discussion same-sex attraction (and its overt symptoms). “The danger [of adopting the language of our fallen experience] lies in getting mired in faulty narratives created by fallen man, which lead men and women to be at cross purposes with their divinely created nature.” “Hard teachings” can nevertheless be part of the Good News.
Mattson is opposed, he acknowledges, by “gay but chaste” voices like that of Eve Tushnet:
Eve Tushnet, for example, shows great disdain for the Church’s language when she writes, “the ‘intrinsically disordered’ language sucks and is a mark of privilege, the kind of thing you only say if you don’t feel it yourself or don’t care about the other people who feel it” and believes that part of her mission, and of others who think like her, is to work to “come up with a vastly broader and better set of vocabularies than the ridiculously, painfully limited set the Church is working with right now.”
It really does seem to be an important discussion, which is being carried on with commendable civility among people, most of whom have a very strong personal interest in the topic because they experience same-sex attraction.
The goal, I think, is not a compromise or via media – unless by via media is meant a course that is neither reflexively homophobic nor homophilic. The goal is truth, perceived in a way that can be taken in as pastoral by those who are willing to entertain the possibility that they, like every other sinner in the world, have their own mix of besetting sins and temptations, and that it’s not forbidden for a physician of souls to call your temptation a “temptation” instead of a “gift.”
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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)
A Joe Sobran Story
In Glen Arbor, Michigan Thursday, I saw Sobran Gallery, and indulged my curiosity, engaging the man who appeared to be the owner:
Me: I have to ask this. I’m a great admirer of the late Joseph Sobran, and I know he was from Michigan. Do you know if you’re related to him?
Artist (rising from his sofa): He was my brother.
Greg Sobran and I then engaged in some pleasantries, and I recounted when I met Joe, when he shared the dais with Attorney General C. Everett Koop in the early 1980s. Koop bantered that he was trying to get Joe to give up his cigars – which in my book captured a lot about both Koop and Sobran.
I knew that Joe was an amateur Shakespeare scholar, but I wasn’t ready for this:
When we were in high school, he’d hand me his volume of the complete plays, and tell me to open it randomly and read a line. Then he’d quote the next line.
“I think I’ve got it memorized,” he said, a little sheepishly. “I didn’t mean to, but I think it’s happened.”
He’d started seriously reading Shakespeare at age 9. Greg says that more and more scholars seem to be adopting Joe’s “Oxfordian theory that Edward de Vere, the 17th Earl of Oxford, was the true author of the plays generally attributed to William Shakespeare of Stratford-on-Avon.” (Wikipedia)
The rest of our conversation tip-toed around the issue of Joe’s alleged anti-semitism, and Greg’s perception of Joe’s world-weariness, following his banishment from the increasingly neo-con pages of National Review, preceding his death at age 64.
Joe lived too late for one to shrug off any anti-semitism by attributing it to the spirit of the age – since philo-semitism was the spirit of his age. I like to attribute it more to contentiousness accompanied by a sort of Aspie cluelessness about how much trouble contentiousness on that subject can land one in.
I lamented his death at the time and I lament it still.
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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)
What Sunday IS this?
Today is variously Pulpit Freedom Sunday 2013 or, in relevant contrast, the 6th Sunday of Pascha, the “Sunday of the Blind Man.” Continue reading “What Sunday IS this?”
See you in a week or so

Gone having fun
