Disillusioned

This has been rattling around my soul, inchoate. Today, it came together. It’s nothing much, but maybe others will find it helpful.

I was a single-issue voter for a while in the 80’s, but then I notice some fools and rogues checking the “Pro-Life” box, and that most Republican “Pro-Lifers” were insincere and/or utterly tone-deaf to all overtones or undertones. So I now vote pro-life, but with more discernment.

I will not vote for Donald Trump just because he checks the “Pro-Life” box (and “Religious Freedom” box), especially since all he really means is “anti-abortion” (and “suck up to Evangelicals”). Same goes for Republicans more generally.

The Trump Party has destroyed even my presumption in favor of The Thing That Used To Be The GOP.

* * * * *

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Potpourri

[L]ast summer’s much-discussed debate between Sohrab Ahmari and David French is not really new. And, of all the participants in said debate, both Ahmari and French are amongst the least interesting and least illuminating. What began as a debate about the relationship between freedom and virtue in the 1960s had, by last summer, devolved into a debate about LARPing Catholic Integralism vs a libertarian public square that saw Cold-War-style mutually assured destruction as the glue that held our pluralist order together. A version of the conversation matters. But it is not the version we encountered last summer.

… A government can serve the choice-maximizing individualism of our present order or it can serve something else. What it cannot do is refuse to take sides.

Liberalism, the American Right, and the Place of Love in Politics. Highly recommended, dangerously engrossing.


The price of being Christian in post-Christian modernity is eternal vigilance.

Rod Dreher, ‘Apocalypse Any Day Now!’


[O]ne can affirm that Christians have lost the “culture wars” (a term coined by Hunter himself—though not an endorsement of their prosecution), while affirming simultaneously that those wars are still being played out before our very eyes. The situation is analogous, in other words, to World War II, when fighting continued in parts of Europe following Germany’s surrender. Culturally speaking, news doesn’t travel fast.

The election of Trump and Pence, therefore, far from a muscular reassertion of conservative white Christianity’s social capital in America today, is instead the spasmodic last gasp of a once virulent but now spent and dying body.

Brad East, Theologians Were Arguing About the Benedict Option 35 Years Ago.

Okay, I can see that. But let’s look at 11/3/20: Trump (and even Pence) have made Evangelicalism extremely odious in the nostrils of elite society. By extension, Christianity generally is now odious, completing the work of Roman Catholicism’s handling of the clergy sexual abuse problem.

Paybacks can be hell, and this could be the last gasp battle.


I’m trying to decide if Jonathan Rauch is mostly trying to be clever by suggesting a Veep nobody else is touting, but Janet Napolitano sells fairly easily.


The strange thing is that, a full year after the release of the Mueller report, Trump and the media ecosystem around him are still following that bread-crumb trail toward an ever-elusive climactic moment—even in the midst of a pandemic that is killing more than 1,000 Americans every day. Trump’s supporters like to complain that Democrats are “obsessed” with the Russia probe, but in fact it’s the Trumpist right that just can’t seem to give the investigation up.

… A release of documents involving emails between Strzok and Page is kind of like a golden-oldies night for Fox News. Commentators find the menacing-sounding tidbits and read them breathlessly over and over, and the whole conspiracy comes rushing back to the faithful. For viewers, the coverage is enough to induce a more general sense that something must have been rotten in the deep state if people are talking about it all so much.

… Whereas people on the left and center-left used to eagerly await Mueller Time, a large constituency on the right is now awaiting some kind of moment of truth in which Barr and Durham hold to account the cabal that tried to take down a president. In its most extreme forms—evidence of which is daily in our Twitter feeds and emails—the reckoning will include arrests and jailing (typically at Guantánamo) of all of the conspirators, while the Roger Stones and Michael Flynns of the world walk free, having been vindicated.

The Trumpist Right Just Cannot Let Go of the Russia Investigation

* * * * *

Secularism, I submit, is above all a negation of worship. I stress:—not of God’s existence, not of some kind of transcendence and therefore of some kind of religion. If secularism in theological terms is a heresy, it is primarily a heresy about man. It is the negation of man as a worshiping being, as homo adorans: the one for whom worship is the essential act which both “posits” his humanity and fulfills it.

Alexander Schmemann, For the Life of the World, Appendix 1

[O]nce you say you are ashamed,
reading the page they hold out to you,
then such light as you have made
in your history will leave you.
They will no longer need to pursue you.
You will pursue them, begging forgiveness,
And they will not forgive you.
There is no power against them.
It is only candor that is aloof from them,
only an inward clarity, unashamed,
that they cannot reach ….

Wendell Berry, Do Not Be Ashamed

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Eric Metaxas

Eric Metaxas has bothered me a lot in the age of Trump.

He was supposed to be a really bright guy, who wrote biographies of Martin Luther and Dietrich Bonhoeffer, both of which were acclaimed at least in the parts of the virtual world I visit. But then he got an eponymous radio talk show, and started supporting Trump, for support of whom I had not heard and could not imagine any “really bright” defenses.

Was really bright Metaxas seeing something I was missing? Or had he just decided it was time to cash in on his “bright guy” reputation, seeing how even acclaimed books don’t pay that much in royalties? That doesn’t seem to fit: I’ve looked at the podcast version of his radio show, and two other podcasts Metaxas does, and they look a bit too high-toned, and even non-political, frankly, to be cash cows. (I’m not subscribing, but they’re apparently not the cesspools I feared, either.)

Then came a recent “debate” over Trump between him and David French. In my opinion, Metaxas did not produce even semi-bright arguments for Trump. It’s hard to identify Metaxas’ argument beyond that because it’s a “thought salad” (he’s too smooth for word salads), a fusillade of arguments lame and lamer.

I will not say that Metaxas makes evangelical-friendly arguments that he does not believe, whatever I may suspect about that. But he clearly is making fear-based arguments about the horrors that will come if Democrats are elected. (If Democrats gain the Presidency and the Senate, it could indeed get ugly because (a) they’ve been terrible on religious freedom since, oh, roughly, when Bill Clinton signed RFRA and RLUIPA and (b) now some of them are out for explicit revenge against at least Evangelicals, and it’s hard to punish Evangelical Trumpists without mucho collateral damage.)

So: Gotcha! You’re voting/inciting votes based on fear, Metaxas!

But so what? I’m voting against Trump because I fear that his malignant narcissism will tragically misapprehend the world in a future crisis — a fear his January-February misapprehension of the novel coronavirus threat justifies in spades.

I think, though, that “fear” is an equivocal word in this context. My fear for the country isn’t exactly the same genus and species as the fear Metaxas is engendering toward the prospect of Democrats controlling the political agenda again — fear of “socialism” and, of course, increased abortion (which has actually been decreasing, including under Democrats, for a long time now).

So no, I wasn’t missing anything, but it seems that stupid pro-Trump arguments are kind of an inexplicable quirk of Metaxas, who may indeed be a really bright guy in other contexts — though the way he wielded Luther and Bonhoeffer in the debate with French disinclines me to buy either of their bios.

(H/T John Fea, The French-Metaxas Debate: Some Commentary, who first got the debate transcribed and then in later commentary confirmed my impression that Metaxas was fear-mongering and, for good measure, dog-whistling.)

* * * * *

Secularism, I submit, is above all a negation of worship. I stress:—not of God’s existence, not of some kind of transcendence and therefore of some kind of religion. If secularism in theological terms is a heresy, it is primarily a heresy about man. It is the negation of man as a worshiping being, as homo adorans: the one for whom worship is the essential act which both “posits” his humanity and fulfills it.

Alexander Schmemann, For the Life of the World, Appendix 1

[O]nce you say you are ashamed,
reading the page they hold out to you,
then such light as you have made
in your history will leave you.
They will no longer need to pursue you.
You will pursue them, begging forgiveness,
And they will not forgive you.
There is no power against them.
It is only candor that is aloof from them,
only an inward clarity, unashamed,
that they cannot reach ….

Wendell Berry, Do Not Be Ashamed

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Trade-offs of pluralism

I’m still bereft of worthy, fresh ideas for blogging since blogging for me is part of an iterative search for truth and I don’t have a good enough handle on coronavirus to say a whole lot confidently and truthily.

Except maybe this: If you think the coronavirus is a hoax and not very serious, pull your head out of those nether-regions where the sun don’t shine (i.e., shut off Limbaugh, Hannity and their ilk), get a few basic facts, and think about how many Chinese, Italian and Spanish people died, how many international organizations sounded alarms, in this elaborate hoax to dethrone King Donald. Does that sound plausible?

Lacking something fresh, I found another incomplete draft, from September 9, took it and dusted it off. Enjoy!

* * *

Sohrab Ahmari and David French finally faced off live at Catholic University of America Thursday evening [September 5?], moderated by Ross Douthat.

In debating terms, it was no contest: French cleaned up. In fairness to Ahmari, his wife had a child on Wednesday, so he had things on his mind more important than a mere livestreamed national debate of sorts.

But again and again, French, in good Evangelical style, spoke of the freedom to preach the Gospel in a content-neutral public square, to lead drag queens to Jesus, and such. That’s pretty consistent with the forward-facing values of ADF, the Evangelical-leaning public-interest law firm for or with whom he formerly worked.

It started to sound as obsessive as Ahmari’s concern over Drag Queen Story Hour. So I was glad to see Jake Meador at Mere Orthodoxy argue for something a bit thicker than mere neutrality:

For most of the … campus ministries at Nebraska, …universities were convenient social institutions because they rounded up a large number of demographically similar young people into a single place where they would have broadly identical routines, all of which made it very easy to evangelize them. Many of these groups did not think anything of taking their students away from campus regularly on retreats, heavily programming their weeks (thereby cutting into their time to give to their studies), and even sometimes suggesting that their academic work was of mostly incidental importance. The real life happened in Bible studies and when you prayed and over coffee with your discipler or disciplee. College, much like one’s eventual career, was mostly a necessary evil that simply secured material goods for you.

While watching the French-Ahmari debate last night it occurred to me that French seems to have a fairly similar vision of the nation—it’s an incidental good that is useful for advancing certain strictly material goods but it pales in significance when set next to the work of the church …

The point is not necessarily that French should endorse some species of integralism, although it is worth noting that in his handling of rights and the nature of religious doctrine as it relates to public life French is far closer to the Baptists than he is the traditional views of the reformed tradition to which he belongs. But that point aside, French could preserve many of the rights he cares about preserving while anchoring his account of the political in something more real than the pragmatic adjudication of disputes within a pluralistic society.

… That the government could be something more than a mere arbiter who threatens to hit you in the head with a brick if you don’t play nicely with your neighbor seems to be unimaginable ….

There’s much more Jake wrote, but you can go read it yourself readily enough.

By lifelong mental habit and eventual initiation into the solemn mysteries of “thinking like a lawyer,” I don’t suppose I’ll ever be able to leave the camp of classical procedural liberalism, but the Ahmaris and Meadors of the world at least drive home that there are trade-offs in our pluralistic experiment.

One of the trade-offs is the risky one of declaring, a priori, that we must never agree on just what is the “common good” because we know that there’s no such thing as human nature, just humans with various and sundry natures, each, probably, as unique as a snowflake. I disagree with both dogmas, but for the foreseeable future, I’m a loser. It will take some undeniable anthropological catastrophe, the equivalent of COVID-19, to turn those tables.

* * * * *

[O]nce you say you are ashamed,
reading the page they hold out to you,
then such light as you have made
in your history will leave you.
They will no longer need to pursue you.
You will pursue them, begging forgiveness,
And they will not forgive you.
There is no power against them.
It is only candor that is aloof from them,
only an inward clarity, unashamed,
that they cannot reach ….

Wendell Berry, Do Not Be Ashamed

* * * * *

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

I highly recommend blot.im as a crazy-easy alternative to Twitter (if you’re just looking to get your stuff “out there” and not pick fights).

Montana’s Blaine Amendment case

I know I’ve written about this general topic before, maybe for my private journal or maybe published, so forgive me if this is plowing old ground.

Mark Movesian at the St. John’s Law School Center for Law and Religion blogs at the Law and Religion Forum that he thinks the petitioner will prevail in Espinoza v. Montana Dep’t of Revenue, a case wherein the Montana Blaine Amendment led the state Supreme Court to invalidate an entire, modest program of state aid to private schools, including religious schools, but (let us presume, as it appears to be true) “wholly as a result” of parents’ “genuine and independent choice” (two criteria of a prior Supreme Court precedent).

That’s a mouthful I know. Here’s a longer, more relaxed account.

Because the Supreme Court took the case, I think Movesian is correct about the outcome: if the court wasn’t inclined to overrrule the Montana Supreme Court, it could have just rejected the case.

I hope Movesian is correct that the decision will be a shot across the bow of states that retain Blaine Amendments, rather than a vehicle to invalidate all Blaine Amendments. I hope that because, in my mind, it would be “conservative” judicial activism to rule more broadly (more correctly, it would require a whole lot of ‘splainin’ why it wasn’t judicial activism to persuade me).

I’m a strong advocate of religious freedom in an expansive sense, including some instances where some people would contend that one’s religious freedom causes harm (usually, “dignitary” harm) to another. Consequently, I detest Blaine Amendments’ typical operations today.

But the outcome in Montana is that religious parents and parochial schools are not being treated any differently than “secular” parents and their private schools. If I was a Montana legislator, I might be mad at my Supreme Court for striking down the program, but were I a Montana judge, I might well have found it the best balancing of my state Blaine Amendment’s ban with federal equal protection requirement to strike down the whole law, just as Montana’s Supreme Court did.

The best argument I can see for petitioner Espinoza is that “but for” (a causal connection) the state Blaine Amendment, the whole program would have stood and dollars could be going to the religious school of my preference — an argument that, lacking a complaint of unequal treatment, I find too weak, given my current ignorance of the arguments in the briefs.

Maybe my hesitation means I’m, oh, I dunno, a temperamental conservative or something,

* * * * *

In the fearful day of judgment, O Lord, forgive my prissy efforts at purity.

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Motivated reasoning

If I had to name only one thing I have learned in my many years of making arguments, it would be this: You cannot convince people of anything that they sense it’s in their interest not to know. I thought about this often as I was reading Alex Morris’s Rolling Stone story about American evangelicals’ love of Trump.

… It is very much in the interest of Morris’s aunt, and in the interest of millions and millions of other people, not to know that we are, through our economic choices, bringing ruin to the planet that we’re supposed to be the stewards of. And so she doesn’t know. Like so many others, she makes a point of not knowing.

But I think the problem of motivated not-knowing isn’t found only on the conservative evangelical side of things. Here’s one passage from Morris’s essay that seems to be drawing a lot of attention:

“The white nationalism of fundamentalism was sleeping there like a latent gene, and it just came roaring back with a vengeance,” says [Greg] Thornbury. In Trump’s America, “‘religious liberty’ is code for protection of white, Western cultural heritage.”

In that second sentence, the clause “In Trump’s America” is a problem. What does it mean? In one sense, the entire nation is “Trump’s America” right now, whether we like it or not; but maybe Morris means something like “Americans who enthusiastically support Trump,” or “the parts of the country that are strongly supportive of Trump.” Impossible to tell. Thornbury didn’t use the phrase, but presumably he said something that led into his line about “religious liberty” as code for something else.

So the passage is unclear, but I’d like to know what Thornbury means. I’ve written a good deal about the importance of religious freedom on this blog and elsewhere — just see the tag at the bottom of this post — so does that mean that I am using that topic as “code for protection of white, Western cultural heritage”? If so: explain that to me, please.

Maybe there’s something that Greg Thornbury and Alex Morris have an interest in not knowing: that even if millions of white Americans abuse the concept of religious liberty, religious liberty could nevertheless be in some danger.

Alan Jacobs, who has much more than this to say, including ways in which fundamentalist Christian cranks are motivated to ignore environmental damage.

Seriously, read it all.

But Jacobs omits something: anyone who thinks Rolling Stone is prima facie a reliable interlocutor of Christianity, and especially of the religious right, deserves all the false certaintly and motivated ignorance he gains there. Rod Dreher kinda hits that, too.

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Gotcha! failure

Aaron Tang, a ConLawProf at U.C. Davis, opines in the very receptive New York Times: “Conservative Hypocrisy Makes Its Case at the Supreme Court.” The gist of the column is in the sub-headline: “Lawyers on the right are advancing arguments they once rejected on principle.”

Two problems with the column are (a) opportunistic arguments are nothing new (there’s a story about circuit-riding lawyer Abe Lincoln arguing a proposition for one client in the morning, its opposite for another client in the afternoon) and (b) progressive lawyers defending the laws in question are also advancing arguments they once rejected on principle.

Keep that in mind, though, and the cases Tang discusses are legitimately interesting. The Montana case seems like a particularly tough one for “conservatives.”

Montana had a “Blaine Amendment,” one of many 19th Century anti-Catholic state constitutional provisions that no public funding may be used directly or indirectly to aid any religious school. But “Montana’s 1972 constitutional convention overwhelmingly re-enacted the no-aid provision in order to protect religious institutions from state interference.”

A relatively recent legislature sought to circumvent the no-aid amendment by providing a (paltry) tax credit for scholarship funds for religious and secular schools, presumably reasoning that a tax credit prevents the money from ever becoming “public funding” subject to the provision.

The Montana Supreme Court reasoned otherwise, but mindful of SCOTUS precedents that states cannot treat religious institutions differently than similarly-situated secular institutions, struck down the whole program, not just the part allowing scholarship funds for religious schools.

I hope SCOTUS agreed to hear the case to say something like this:

  1. No, no, no! We’re not going to sit a Super-Legislature. This case isn’t like our precedents.
  2. The 1972 Constitutional Convention’s anti-entanglement rationale plausibly moots any constitutional infirmity of the bigoted original no-aid provision. (Dictum: events before and after 1972 arguably support Montana’s instinct that public funds come with strings attached, and we’re not going to second-guess the Montana Supreme court that tax credits are public enough to fall under the 1972 ban.)
  3. There is no Federal constitutional right for private schools to get public support in any form, including tax credits.

Some of my favorite Colleges don’t take public aid in any form, and I think they’re the better for it, net. Further, it would not be good for the country for the high court, fortified by two Federalist Society-vetted nominees, to unduly embolden activist conservative litigators just because prior courts have emboldened progressive litigators.

Caveat: I have not read the briefs — an omission that will not be true of any of the Justices.

* * * * *

Sailing on the sea of this present life, I think of the ocean of my many offenses; and not having a pilot for my thoughts, I call to Thee with the cry of Peter, save me, O Christ! Save me, O God! For Thou art the lover of mankind.

(From A Psalter for Prayer)

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Masterful Resonance

Good news for religious freedom, out of Michigan and courtesy of the Supreme Court’s ruling in Masterpiece Cake Shop.

For those who don’t recall, the Supreme Court ruled for Phillips [proprietor of Masterpiece Cakes] in large part because a commissioner of the Colorado Civil Rights Commission called Phillips’s claim that he enjoyed a religious-freedom right not to be forced to design a custom cake for a gay wedding a “despicable piece of rhetoric.” The commissioner also denigrated religious-liberty arguments as being used to justify slavery and the Holocaust.

… [T]he question was whether Justice Anthony Kennedy’s strong condemnation of anti-religious bigotry would resonate beyond the specific facts of the case.

David A. French

The answer is “yes, it would resonate more widely,” and I’m starting to see how this may play out:

In 2015 the state of Michigan passed a statute specifically designed to protect the religious liberty of private, religious adoption agencies. In 2018, however, Dana Nessel, a Democratic attorney general, took office. During her campaign, she declared that she would not defend the 2015 law in court, stating that its “only purpose” was “discriminatory animus.” She also described proponents of the law as “hate-mongers,” and the court noted that she believed proponents of the law “disliked gay people more than they cared about the constitution.”

Then, in 2019, the attorney general reached a legal settlement in pending litigation with the ACLU that essentially gutted the Michigan law, implementing a definitive requirement that religious agencies provide recommendations and endorsement to same-sex couples and banning referrals. The plaintiffs sued, seeking to enjoin the relevant terms of the settlement, and yesterday Judge Robert Jonker (a Bush appointee) granted their motion for a preliminary injunction.

His reasoning was simple. There was ample evidence from the record that the state of Michigan reversed its policy protecting religious freedom because it was motivated by hostility to the plaintiffs’ faith. Because Michigan’s targeted St. Vincent’s faith, its 2019 settlement agreement couldn’t be truly considered a “neutral” law of “general applicability” that would grant the state a high degree of deference in enforcement.

(French)

Kudos to Becket (which I’ve been calling “Becket Fund for Religious Liberty,” perhaps erroneously or anachronistically), which handled this important case. I like to think a few of my dollars went into it.

This is a gratifying outcome that avoids the deeper constitutional issue of silently excluding an entity from a program because of its religious beliefs.

Attorney General Nessel herself is now unmasked as a bigot who misunderstands or contemns the law — or to paraphrase her, “dislikes conservative religious people more than she cares about the constitution.” May she be suitably chastened — repentant even.

But I’m taking no wagers on that.

What’s notable is that Nessel felt free to utter those sentiments in public, and as part of a campaign promise. She apparently thought shaming observant Catholics (the Reformed Protestants of Bethany Christian Services, too) was an electoral plus for her, and it obviously didn’t wound her fatally.

Maybe her GOP opponent was terribly odious, but I fear it’s more a matter of not living in our parents’ civilly-religious America any longer.

Now, though, Nessel and her fellow bigots need to stifle the legally counter-productive expression of their bigotry.

So how do they get the electoral lift without the legal let-down? Welcome to the era of anti-religious campaign dog-whistles.

On that, I will take (modest) wagers. Instead of Willie Horton ads, maybe Jerry Falwell, Jr. or Pat Robertson ads?

* * * * *

I sought to understand, but it was too hard for me, until I went into the sanctuary of God; then understood I their end.

(Psalm 72:15-17, Adapted from the Miles Coverdale Translation, from A Psalter for Prayer)

* * * * *

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

I highly recommend blot.im as a crazy-easy alternative to Twitter (if you’re just looking to get your stuff “out there” and not pick fights).

Trade-offs of pluralism

Sohrab Ahmari and David French finally faced off live at Catholic University of America Thursday evening, moderated by Ross Douthat.

In debating terms, it was no contest: French cleaned up. In fairness to Ahmari, his wife had a child on Wednesday, so he had things on his mind more important than a mere livestreamed national debate of sorts.

But again and again, French, in good Evangelical style, spoke of the freedom to preach the Gospel in a content-neutral public square, to lead drag queens to Jesus, and such. That’s pretty consistent with the forward-facing values of ADF, the Evangelical-leaning public-interest law firm for or with whom he formerly worked.

It started to sound as obsessive as Ahmari’s concern over Drag Queen Story Hour. So I was glad to see Jake Meador at Mere Orthodoxy argue for something a bit thicker than mere neutrality:

For most of the … campus ministries at Nebraska, …universities were convenient social institutions because they rounded up a large number of demographically similar young people into a single place where they would have broadly identical routines, all of which made it very easy to evangelize them. Many of these groups did not think anything of taking their students away from campus regularly on retreats, heavily programming their weeks (thereby cutting into their time to give to their studies), and even sometimes suggesting that their academic work was of mostly incidental importance. The real life happened in Bible studies and when you prayed and over coffee with your discipler or disciplee. College, much like one’s eventual career, was mostly a necessary evil that simply secured material goods for you.

While watching the French-Ahmari debate last night it occurred to me that French seems to have a fairly similar vision of the nation—it’s an incidental good that is useful for advancing certain strictly material goods but it pales in significance when set next to the work of the church …

The point is not necessarily that French should endorse some species of integralism, although it is worth noting that in his handling of rights and the nature of religious doctrine as it relates to public life French is far closer to the Baptists than he is the traditional views of the reformed tradition to which he belongs. But that point aside, French could preserve many of the rights he cares about preserving while anchoring his account of the political in something more real than the pragmatic adjudication of disputes within a pluralistic society.

… That the government could be something more than a mere arbiter who threatens to hit you in the head with a brick if you don’t play nicely with your neighbor seems to be unimaginable ….

There’s much more Jake wrote, but you can go read it yourself readily enough.

By lifelong habit and inititating into the solemn mysteries of “thinking like a lawyer,” I don’t suppose I’ll ever be able to leave the camp of classical procedural liberalism, but the Ahmaris and Meadors of the world at least drive home that there are trade-offs in our pluralistic experiment.

* * * * *

[O]nce you say you are ashamed,
reading the page they hold out to you,
then such light as you have made
in your history will leave you.
They will no longer need to pursue you.
You will pursue them, begging forgiveness,
And they will not forgive you.
There is no power against them.
It is only candor that is aloof from them,
only an inward clarity, unashamed,
that they cannot reach ….

Wendell Berry, Do Not Be Ashamed

* * * * *

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

I highly recommend blot.im as a crazy-easy alternative to Twitter (if you’re just looking to get your stuff “out there” and not pick fights).

Advantage Becket

Hair’s the thing. When Cesar Gonzales was an infant, he was seriously ill—so ill that his parents made a religious promise to God that, if their son recovered, they would keep a strand of hair on his head uncut as a sign of their faith and gratitude. Cesar got better, and he and his brother Diego both continue to keep their hair uncut and have adopted the promise to God as their own. Their Texas elementary school accommodated their faith, but that changed in seventh grade. Now, the Gonzales brothers are banned from participating in school activities like band performance, robotics team, and athletics⁠—just because of their hair. Becket has stepped in to ask the school to accommodate the Gonzales brothers’ religious exercise.

(Becket Fund email)

This is a very odd case, but I don’t question the Gonzales’ sincerity or religious motivation.

I doubt that ADF would take this case because — well, let’s just say ADF’s cases look relatively homogeneous, with few “very odd cases” — which is why I give roughly double to Becket over ADF for religious freedom support.

On the other hand, and in defense of ADF, it is the more proactive of the two, opposing (for instance) LGBT causes that are still a step or two away from religious freedom’s door. I generally can see the uncomfortable logic of these proactive positions, though it sometimes feel like “borrowing trouble” and is hard for me to defend against facile charges of phobia or mean-spiritedness; there’s just no facile counter to that.

Both are worthy of support. The breadth and consistency of Becket’s approach is why I prefer it. Your mileage may vary, especially if you’re inclined to “take the battle to ‘them’.”

* * * * *

You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

I highly recommend blot.im as a crazy-easy alternative to Twitter (if you’re just looking to get your stuff “out there” and not pick fights).