The beheading of Anne Boleyn

From today’s Writer’s Almanac:

It was on this day in 1536 that Anne Boleyn was beheaded for the charge of adultery, only a few years after she had inspired King Henry VIII to create an entirely new church just so that he could marry her.

When she met Henry VIII, Anne Boleyn was an 18-year-old girl who had plenty of admirers. She was beautiful, but she was also smart. She could debate theology and discuss literature.

Henry wanted Anne as a mistress, but she was an extremely ambitious young woman. And so she told the king that she couldn’t give herself to him unless they were married. He was genuinely smitten with this young woman, and he was also desperate for a male heir. So he decided to break with his wife of more than 20 years, and asked the pope for an annulment of his first marriage. The Pope refused, for both political and religious reasons. Henry had spent his life as a devout Catholic, and took very seriously his role as a defender of the faith. But when the Pope stood in the way of his love, Henry declared himself the head of the new Church of England, and granted himself an annulment in his own matrimonial suit.

Henry VIII married Anne Boleyn in 1533. It was only the second time in English history that a king had married for love, and it was possibly the only time in history that a new church has been founded just to facilitate a marriage. And yet, that marriage didn’t last long. He didn’t like that their first child was a girl. The one thing that might have saved Anne would have been a male child. Historians think she may have had several miscarriages or stillborn children, and it is certain that she miscarried in 1536, a stillborn male four months into her pregnancy. A few months later, she was arrested on charges of adultery and was set to be executed. Most historians believe the charges were false.

After her death, portraits of her were destroyed, along with her books and correspondence, and poems and songs she wrote. Her rivals spread rumors and made up stories about her, to defame her reputation in the history books, claiming that she’d been ugly and deformed, with a sixth finger on one hand and a huge hump on her neck. But despite all that, her daughter Elizabeth, the daughter who had so disappointed Henry VIII, grew up to become one of the most influential queens in history.

The ECUSA, part of the “entirely new church” Henry VIII created “just so that he could marry her,” still isn’t letting anything stand in the way of sexual desire.

Porn on my mind

I have pornography on the mind lately.

You might say “tell us something surprising” or “aren’t you a little old for that?” But that would miss the point of why I have it on the mind. One obituary and a news mailing from my Law School did it to me.

Until just a few years ago, my hometown still had an independent bookstore and magazine stand downtown, City News. It was mostly magazines, frankly, and about 15% of it, as I recall, was pornography. One of the brothers who owned it until it finally closed died May 11.

City News and I had some history together. As a young adolescent, I was keenly interested in the — ahem! — “adult” material they had, and they were lax about underage browsers (this was before the brothers owned it). As a professional working half a block away decades later, I resented the pornography, but I realized that City News probably wasn’t viable without it. And I see that the brother who died, of complications of ALS, was pretty darned smart (Duke, magna cum laud) and had a pretty admirable life that I didn’t know about.

As I mused aloud on this, my wife reminded me that as a journalism major, she interviewed the female owner of a similar news stand in Peoria. Asking about the porn (which as I recall was “harder” by the standards of that day than what City News ever carried), she got the answer “I have a disabled son who is very costly to raise. Without pornography, the store dies and I’m out of work.”

Even Barnes & Noble and Borders have a small stash of what today qualifies as soft core, prudently wrapped in plastic bags.

I write this from a Marriott Hotel in L.A. Marriott is under Mormon ownership, as I recall. There was no Gideon Bible for my morning devotions, but I could have viewed pornography on the TV had I wished. I know offhand of no exceptions to “pay-per-view” porn in major hotel chains. The market apparently demands it.

I thought of this, too, as I saw a photo of my law school classmate, Scott Flanders, arm-in-arm with the Dean, with the caption declaring that he is CEO at Playboy. Scott was a libertarian-type conservative. Perhaps he still is. How wide the gulf between cultural conservatives and others of the “conservative” label!

Porn is everywhere. Yesterday before leaving for L.A., I attended a Daybreak Rotary meeting to receive a grant check for Matrix Lifeline, a pregnancy resource center I’ve been affiliated with for nearly three decades. Another grant recipient was the PEERS Project in Lafayette. It and all similar programs are losing their federal funding (elections have consequences). Mike Boston, the leader in Lafayette, trying to convey what they’re up against, said “just watch MTV for seven minutes if you can stomach it. No, just three minutes is enough.”

My wife just told me, as she leafed through an L.A. travel guide, that there’s a Porno Hall of Fame on Santa Monica Boulevard not too far from where we sit.

I hate it. We have lost all sense of shame seemliness. Some things are meant to be kept in private. Time was, not long ago, that the Dean of a good law school would have hesitated to be photographed with the CEO or a porn empire. Time was that a news stand could have survived without trafficking in porn.

I don’t accept market demand as an excuse. There are some things the market should not provide, demand be damned. And there are some trades less honorable than ditch-digging, even if they’re more remunerative.

Brother Jim, requiescat in pacem. I can’t really approve of the choice you made, but your Judge knows exactly how to factor in the spirit of the age.

More on Red and Blue families

Ross Douthat writes today some further analysis of the provocative new book and Red and Blue families in America, on which I wrote last week.

Read it if interested, because what follows is not (with one exception) a summary.

Notable to me is that the Blue state approach does not produce lower teen pregnancy rates, just lower birth rates. In other words, the price of the “new equilibrium” of the professional classes is widespread abortion.

Some years back I read an arresting summary. Part of America thinks everything would be hunky-dory if every teenager in America was sexually active if they were all faithfully contracepting (and aborting when contraception failed). Another part thinks teens shouldn’t be sexually active and refuses to acquiesce (e.g., “don’t do anything I wouldn’t do, but if you do, here’s a condom – wink! wink!”).

That may be an exaggeration, but it often seems only slight. The tacit assumption of the “pro choice” side is that the new economic arrangements, and the contraception and abortion that keep us competitive in that millieu, are good or at least neutral.

Is abortion the seed or the flower of Culture Wars?

The buzz about the new book Red Families, Blue Families continues with a conservative columnist I greatly respect, Maggie Gallagher.

Maggie, author of The Abolition of Marriage and a tireless advocate of traditional western marriage, thinks the culture wars start with different views about abortion and those different views ramify in earlier marriage versus later, out-of-wedlock birth rates, etc., rather than the latter ending in controversy over abortion (the quintessential Culture War issue).

It would be interesting in this regard to test how much the “red state, blue state” differences were shaping up before Roe v. Wade, and (if reliable data is available – very unlikely), how the blue states and red states stacked up on abortion rates, legal and illegal, before the Supreme Court basically gave us one, utterly permissive national abortion law.

Plus ça change, plus c’est la même

Plus ça change, plus c’est la même. There’s no doubt in my mind that the Catholic Church gets extra scrutiny because it’s not 100% cool with modern prejudices and vices.

The Orthodox Church will get the same treatment as we grow and become better known. Orthodoxen: get used to it.

Yes, I just “compared” today’s sexual revolutionaries — i.e., about 90% now (or so it seems sometimes) — to Nazis, if you’re looking for merde to throw. No, I don’t think sexual revolution is Nazi or Nazi-inspired.

CLS/Hastings update

The arguments were had before the Supremes yesterday, after my post and bold-if-not-foolish prediction.

Gordon Crovitz of the Wall Street Journal summarizes nicely here:

Presumably Gays & Lesbians for Individual Liberty do not share the CLS view of human sexuality. But they understand exactly where Dean Martinez’s logic is taking us.

“[U]nder Hastings’ forced membership policy, only majority viewpoints (or those viewpoints too banal to interest the majority) are actually assured a voice in Hastings’ forum,” argues their brief. “That is a patently unreasonable way to ‘promote a diversity of viewpoints.'”

Sadly, it appears that this is shaping up in the popular press as a case about the legal status anti-gay bigotry if religiously motivated. Few in the press note that the CLS sexuality standards bar from office unrepentant straight fornicators as well as unrepentant gay fornicators.

As well it should: so far, the sexual revolution and no-fault divorce have done a heckuva lot more damage to the formation of Christian consciences and the institution of marriage than has the gay rights movement.

Can homosexual orientation be changed?

Oh, my! The saga continues! This is as more confusing as than the the Intelligent Design versus Evolution kerfuffle!

The weight of professional opinion seemed to me to have become that same-sex orientation was unchangeable.

So I had pretty much come to the conclusion that Christian people with exclusive same-sex attraction simply needed to gird themselves for life-long sexual abstinence, without even the hope of an abstinent bachelor or spinster (I know the former is neutral, the latter deprecatory in connotation – sorry) someday finding Mister or Miss Right. (I generally say “chastity” instead of “abstinence” when dealing with, say, teen sexuality of clients at Matrix Lifeline, because of chastity’s relatively positive connotation. But chastity outside Christian marriage means abstinence and repentance for lapses.)

I would not have urged a gay or lesbian Christian, in other words, to try to become heterosexual.

I might have encouraged them to consider a monastic vocation to get away from our hypersexualized culture and, for an Orthodox monastic, to engage in this ultimate battle against all the passions. But monastic vocation should not be undertaken toward the specific end of sexual reorientation, as if to say “I’ll be a monastic until I’m straight, and then I’ll laicize and marry.”

But here is a flawed column citing provocative information to the effect that I may have been wrong.

[T]he American College of Pediatricians … recently began a campaign to educate schools on sexual orientation and youth. “Facts About Youth” cites research that shows that over 85% of students with homosexual attractions will ultimately adopt a heterosexual identity as adults.

Okay, the American College of Pediatricians can be, as is being, faulted as a Christian front group impersonating the American Academy of Pediatrics. Point taken. But the American Psychiatric Association did not dispassionately de-list homosexuality as a disorder because of the great weight of scientific evidence. They did it for the same reason that the American Bar Association endorsed abortion – just before I resigned: a powerful lobby with an agenda mau-maued the APA (and the ABA). It’s hard to find neutrality on some subjects.

But what of these studies they cite?

If they exist, and are methodologically sound, they at least suggest that sexuality in youth is highly confused – perhaps even malleable. Mightn’t it be premature to tell conflicted adolescents that “you’re gay (or bi-); get used to it and celebrate it”? As long ago as Kinsey, there were claims that an astonishing proportion of people had experienced some same-sex encounter in their lives. And there are, after all, even adults who get sexually aroused by things like feet or underwear. Adolescent arousal by a member of the same sex may not mean much about one’s ultimate sexual destiny. (Would you think you were destined to get off with shoes forever if they turned you on?)

[There is a] growing body of research demonstrating that changing one’s sexual orientation is indeed possible.

Among those being ignored is Columbia University’s Dr. Robert Spitzer, whose 2003 landmark study was published in the prestigious journal Archives of Sexual Behavior. To his surprise, Spitzer – who ironically spearheaded the removal of homosexuality from the APA’s Diagnostic and Statistical Manual of Mental Disorders in 1973 – found that the majority of his 200 subjects experienced significant change in their same-sex feelings through therapy and support groups: “Like most psychiatrists, I thought that homosexual behavior could only be resisted, and that no one could really change their sexual orientation. I now believe that to be false. Some people can and do change.”

If that’s not convincing enough, in 2009 the National Association for Research and Therapy of Homosexuality published a comprehensive overview of research, citing over 500 scientific studies spanning nearly 100 years of research that demonstrates change is possible. However, these facts aren’t being communicated to young people. What is being educated to our youth is based on political correctness, not sexual freedom.

Dr. Robert Spitzer has no known ax to grind, but is a fairly dramatic “conversion story.” NARTH may have an ax to grind; that’s not clear to me.

By all means stop the persecution of young people who have doubt about their sexuality or who have come out as gay or lesbian (or are harassed for other reasons, like Phoebe Prince), but let’s have a little retiscence about showing 13 year old boys how most safely to sodomize or be sodomized, and suchlike.

And I’m not ruling out the possibility that some adults can change from gay to straight. It won’t upset my worldview if it proves false, but I may have closed my book prematurely.

What’s going on here? Boy Scout sex abuse case.

This Wall Street Journal story blind-sided me this morning. I was unaware of this lawsuit.

On the one hand, the Boy Scouts have been roundly vilified, and even banned from city-owned buildings in gay-friendly cities, for expelling scouts who come out. Now an Oregon jury thinks they were too lenient about pedophile scoutmasters:

The jury found the national body 60% negligent for the abuse and the local council just 15% negligent, assessing economic damages of $840,000 and $210,000, respectively.

Deliberations on punitive damages—the plaintiff’s attorneys are asking for $25 million—resume here next week.

I know the connection between homosexuality and pedophilia is disputed, and denial of any connection seems very plausible to me.

But on the theory that “we’re just like you except that we prefer the same sex,” I consult my own feelings (especially when I was a younger adult) about sexually mature adolescent girls. Hmmm. It seems to me that it would be highly imprudent to put a young straight guy in a position where he could finagle sexual access to nubile female charges.

By “just like you except …” extension, is it not imprudent to allow a gay adult male to be in charge as Scoutmaster of a bunch of sexually mature if young adolescent boys?  (Note, however, that the plaintiff here was apparently 11 or 12 during the abuse, and likely pre-pubescent.) We had a local tragedy as a result of “out” gay Greg Ledbetter being put in charge of troubled adolescent boys (although he was caught later, elsewhere), and the politically correct line throughout was that the charges against him were not even plausible, but were cooked up by fanatical homophobes.

The national Boy Scout organization apparently tried to avoid such problems:

[T]he Portland case against the Boy Scouts drew national attention, in part because it was one of the very few times jurors have been allowed to review secret “perversion files” the Boy Scouts compiled against its own membership.

The national organization in the past has tried to keep those files out of court proceedings, but lost an appeal to the Oregon Supreme Court last February that would have kept confidential its files on pedophiles dating back to 1964. During the trial, attorneys for the Boy Scouts argued that the files demonstrated the lengths Boy Scouts officials have gone to police their ranks and keep suspected pedophiles away from children.

Attorneys for the defendants declined to comment, citing the coming deliberation on punitive damages. The Boy Scouts of America issued a statement on its Web site denouncing the jury’s decision.

“We are gravely disappointed,” the scouting organization said. “We believe that the allegations made against our youth protection efforts are not valid. We intend to appeal.”

I’m imputing no political agenda to the Plaintiff in this case, but is this a “damned if you do, damned if you don’t” dilemma for the Scouts? How can an organization the puts adults and kids together steer between the Scylla of phobia and the Charybdis of laxity?

Tactical shift coming in Supreme Court confirmation fight?

Since Roe v. Wade was imposed on us by the Supremes 37 years ago, there has been a pervasive “abortion distortion factor”:

The “Abortion distortion factor” is that phenomenon whereby when established rules of law encounter the abortion right, the established rule is bent to accomodate the abortion right.

(Bopp, James, in A Passion for Justice – A Pro-life Review of 1987 and a Look ahead to 1988, at page 80) That factor has been huge in most Supreme Court appointment battles since 1980 – generally couched in code words and litmus tests that fooled no observant observer.

The successor for Justice Stevens may face a significantly different constellation of questions, centering on “Obamacare” partly because that issue works to the benefit of the Republicans though so pervasive is the Abortion Distortion Factor that it won’t be entirely out of play:

Another set of questions could prove embarrassing for Democrats who have lauded Griswold v. Connecticut and Roe v. Wade for creating a right to privacy that includes contraception and abortion. “How can the freedom to make such choices with your doctor be protected and not freedom to choose a hip replacement or a Caesarean section?” asks former New York Lt. Gov. Betsy McCaughey in The Wall Street Journal. “Either your body is protected from government interference or it’s not.”

McCaughey also notes that in 2006 the Supreme Court in Gonzales v. Oregon ruled that the federal government couldn’t set standards for doctors to administer lethal drugs to terminally ill patients under Oregon’s death with dignity act. So does the Constitution empower the feds to regulate non-lethal drugs in contravention of other state laws?

Such questions may not persuade an Obama nominee to rule that Obamacare is unconstitutional. But they can raise politically damaging issues in a high-visibility forum at a time when Democrats would like to move beyond health care and talk about jobs and financial regulation. Stevens apparently timed his retirement to secure the confirmation of a congenial successor — but some Democrats probably wish that he had quit a year ago, when they had more Senate votes and fewer unpopular policies.

Miscellany – Pope in the Dock, Justice Stevens retirement, Serin gas and the enduring Flannery O’Connor

Michael Cook notes and ruminates on what I hope is an eccentric call to try Pope Benedict XVI for crimes against humanity in connection with the Catholic Church’s pedophilia scandal, and then segués into other who then should be there:

  • the Secretary-General of the United Nations
  • the executive director of USA Swimming
  • Texas Governor Rick Perry

Tu quoque, the argument that because you did it too, I’m not guilty, must be the worst of all arguments. But anyone with the facts acknowledges that the Catholic Church’s problems are no worse than those of other organisations, and they are probably a good deal better. A reporter for yesterday’s issue of Newsweek had the bright idea of asking insurance companies whether the Catholic Church paid higher premiums because its employees were a greater risk. The answer was No  – and it never had. “We don’t see vast difference in the incidence rate between one denomination and another,” said an insurer. “It’s pretty even across the denominations.”

Cook then notes in moderate detail the secular intellectual defense, in the name of liberating children’s sexuality, of lowering age of consent laws – proposals that make me think “I don’t want this intellectual around any child; there’s more going on here than disinterested philanthropy.”

Putting the Pope in the dock would spark a world-wide debate about paedophilia. Why is it so difficult to police? What is there about our views on sex which encourages it? Should we wind back our hypersexualised culture?

All the indicators are that the sex abuse crisis in the Catholic Church is winding down now as the Pope and bishops get tougher and priests have clearer views on authentic Christian sexuality. But no one is preparing for the coming paedophilia crisis when the oversexed teens of 2010 are 34 and believe they should still have fun with 14-year-olds.

* * *

From the Department of Bombast at the Wall Street Journal, an inflated warning that the retirement of Justice John Paul Stevens “gives President Obama a chance to lay the groundwork for a future liberal Supreme Court majority.”

Not even with this Senate will Obama slide through in an election year anyone to the left of Justice Stevens. He is, after all, “The Supreme Court … liberal standard-bearer,” as the Journal’s own subheadline has it. Others writing about Stevens’ retirement more aptly note the irony that any nominee could easily be to Stevens’ right.

Justice Stevens was particularly infuriating not only on religion cases, larding his opinions with secularist code, but on the disregard for religion in other cases. Robert Nagel summarized some of the case against Stevens in Justice Stevens’ Religion Problem. In a school voucher case:

[I]n four different places in an opinion barely five paragraphs long, Justice Stevens used the word “indoctrination” as a synonym for religious education. Stevens asserted that the voucher program was being used to pay for “the indoctrination of thousands of grammar school children.” He surmised that an educational emergency might provide a motivation for parents to “accept religious indoctrination [of their children] that they otherwise would have avoided.” He decried the fact that “the vast majority” of voucher recipients chose to receive “religious indoctrination at state expense.” And he depicted the voucher program as a governmental choice “to pay for religious indoctrination.”

As striking as it is, this use of the word “indoctrination” does not necessarily indicate hostility to religion. Like the words “sectarian” and “fundamentalist,” which have appeared with disturbing regularity in Supreme Court opinions, “indoctrinate” has a literal meaning that is not pejorative. It can, of course, mean simply to instruct or to teach. But, needless to say, like those other words, it has more sinister connotations. Given the common association of the word “indoctrinate” with totalitarian methods, there might be at least a “slight suspicion” that Justice Stevens did not use the term in its neutral sense, especially since he nowhere refers to public school indoctrination. In any event, the duty to determine whether Justice Stevens’ official positions reflect animosity to religion arose well before the voucher case.

It can be traced back as early as 1990, when the religion clause expert Douglas Laycock noted that under Stevens’ constitutional decisions religion is “subject to all the burdens of government, but entitled to few of the benefits.” Laycock charged that the apparent explanation for this combination of legal positions was hostility to religion. Laycock’s hypothesis ripened into full-blown suspicion by June 2000 when Justice Stevens took the position that the free speech rights of the Boy Scouts were not violated by a state law requiring them to employ an avowed homosexual as an assistant scoutmaster. In the course of his dissent, Stevens offered his opinion about the source of what he termed “prejudices” against homosexuality. He wrote, “Like equally atavistic opinions about certain racial groups, these roots have been nourished by sectarian doctrine.” Whatever he might have meant later by using the word “indoctrination,” there is no question what “prejudices” and “atavistic” mean. The passage is, as Michael Stokes Paulsen of the Minnesota Law School put it, a “slander, disparaging the good faith . . . of any religious worldview—such as those of [some] Christians, Jews, and Muslims—that adheres to traditional views of sexual morality.”

Even decisions that as a formal matter have little to do with religion take on a different coloration when Stevens’ apparent scorn for some religions is factored in. On February 26 of this year, for instance, eight members of the Court ruled that the federal racketeering statute (popularly known as RICO) did not apply to the efforts of the Pro-Life Action Network to shut down various abortion clinics. The rather straightforward reasoning was that, unlike the members of organized crime who are typical objects of RICO prosecutions, the antiabortion protestors did not obtain anyone else’s property for their own use. Since the crime of extortion requires that the offender obtain someone else’s property, the pro-life protests could not be prosecuted under RICO. Even pro-abortion rights advocates like Justice Ruth Bader Ginsburg agreed. Only Justice Stevens dissented. He claimed that “even when an extortionist has not taken possession of the property that the victim has relinquished, she has nonetheless ‘obtained’ that property if she has used violence to force her victim to abandon it.” On the basis of this thin reed Stevens was willing to impose on protestors acting out of profound religious convictions the same draconian punishments that are ordinarily imposed on gangsters.

* * *

Over at TownHall.com and elsewhere in the world of “Movement Conservatism,” Chicken Littles are practicing precision, coordinated vapors over the inference that the U.S. will not commit nuclear genocide in response to chemical, electromagnetic or other non-nuclear attacks. For instance, the mercenary Dick Morris. As Daniel Larison puts it, “quite insane.”

* * *

Thomas Merton wrote that “when I read Flannery O’Connor, I do not think of Hemingway, or Katherine Anne Porter, or Sartre, but rather of someone like Sophocles.” Though O’Connor herself would surely have scoffed at such praise, she is among a bare handful of American writers, modern or otherwise, of whom such a thing might plausibly be said.

But her reputation rests in part on a persistent misunderstanding. Unlike most of the other major American novelists of the 20th century, O’Connor wrote not as a more or less secular humanist but as a believer, a rigorously orthodox Roman Catholic. Her fiction was permeated with religious language and symbolism, and its underlying intent was in many cases specifically spiritual. Yet most of O’Connor’s early critics failed to grasp her intentions, and even now many younger readers are ignorant of the true meaning of her work.

So Terry Teachout concludes his introduction to a lengthy book review of Brad Gootch’s biography of O’Connor.

O’Connor, to her credit, took the homespun beliefs of her fellow Southerners with the utmost seriousness. Even more surprisingly, she regarded them with exceptional imaginative sympathy, seeking to portray in her fiction the sometimes bizarre ways in which spiritual enthusiasm manifested itself in the lives of people who, lacking an orthodoxy to guide them, were forced to re-create the forms of religion from scratch. As she explained in a 1959 letter:

“The religion of the South is a do-it-yourself religion, something which I as a Catholic find painful and touching and grimly comic. It’s full of unconscious pride that lands them in all sorts of ridiculous religious predicaments. They have nothing to correct their practical heresies and so they work them out dramatically.”

Her sympathy, she added, arose from the fact that “I accept the same fundamental doctrines of sin and redemption and judgment that they do.”

(Emphasis added)

Her sympathy for do-it-yourself Christianity may be what makes her work more enduring than things like the Steve Martin movie Leap of Faith, which leavens cynicism with a touch of ambiguous sentimentality. Teachout asks whether O’Connor will endure only by being misunderstood as a satirist rather than a sympathizer writing grotesqueries. I don’t know, but her deep, pervasive Christian faith is well out of the closet for decades now, and her reputation continues to grow.