Dear Christians, …

Dear Christians, thank you for feeding, housing, and caring for the poor, but unless you do it in the manner we prefer, advancing the worldview we prefer — even to the point of adopting the personnel policies we demand — we will use all the power of law and public shame to bring you into compliance. We’ll pass laws that violate your conscience. We’ll call you bigots or misogynists when you resist. And all the while, the fact that you actually do serve and sustain (physically and spiritually) millions of Americans will be lost and ignored.

And in response to each event, as Christians leave campus or adoption agencies close their doors, many of these same progressives will be puzzled. Why close? Why leave? Just change your policies. Can’t you provide Catholic care and contraception — and blame the state for making you do it?

But this fundamentally misunderstands the nature of serious faith ….

David French, describing an increasingly pervasive progressive attitude, instantiated by FiveThirtyEight here and here. (He also speculates on how cafeteria Christianity may have made the progressives think their demands reasonable.)

It is a silver lining in this wretched Administration that it has largely kept its promises to protect religious freedom. That ought not be an optional and partisan policy, but if the Democrats want to be evil and stupid, it’s their right, as it’s my right not to vote for them despite the horrid condition of the national GOP.

* * * * *

Our lives were meant to be written in code, indecipherable to onlookers except through the cipher of Jesus.

Greg Coles.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

A sixth anniversary

If you’ve got a business — you didn’t build that. Somebody else made that happen.

— Barack Obama, Roanoke, Va, July 13, 2012

To say that all individuals are embedded in and the product of society is banal. Obama rises above banality by means of fallacy: equating society with government, the collectivity with the state. Of course we are shaped by our milieu. But the most formative, most important influence on the individual is not government. It is civil society, those elements of the collectivity that lie outside government: family, neighborhood, church, Rotary club, PTA, the voluntary associations that Tocqueville understood to be the genius of America and source of its energy and freedom.

What divides liberals and conservatives is not roads and bridges but Julia’s world, an Obama campaign creation that may be the most self-revealing parody of liberalism ever conceived. It’s a series of cartoon illustrations in which a fictitious Julia is swaddled and subsidized throughout her life by an all-giving government of bottomless pockets and “Queen for a Day” magnanimity. At every stage, the state is there to provide — preschool classes and cut-rate college loans, birth control and maternity care, business loans and retirement. The only time she’s on her own is at her gravesite.

Charles Krauthammer, Did the State Make You Great?, in Things That Matter.

These two episodes, retold, are a helpful reminder of why some people caught Obama Derangement Syndrome. And Krauthammer’s last sentence about Julia captures why “people who need people are the luckiest people in the world.”

* * * * *

The waters are out and no human force can turn them back, but I do not see why as we go with the stream we need sing Hallelujah to the river god.

(Sir James Fitzjames Stephen)

Reality is that which, when you stop believing in it, doesn’t go away.

(Philip K. Dick)

Some succinct standing advice on recurring themes. Where I glean stuff.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Calming the discord

Impatient with the three branches of government established at the nation’s founding, the left routinely takes its politics to the streets now to demand remedies for “inequality” or “injustice.” Yet these inchoate demands have become so disconnected from the normal mechanisms of politics that no Congress, representing 535 elections, could possibly turn them into legislation.

Shortly after the Obergefell decision, something else of cultural and political significance happened. Within months, the left began to agitate for transgender rights, another moral claim whose substantive meaning is a mystery to most Americans.

Liberals remain incredulous at Mr. Trump’s election. But nearly half the electorate voted for him, and among the reasons is that today a lot of people—across all income classes—feel they are really being jammed by the culture. Progressive jurisprudence had a lot to do with this. Liberals won their share of court decisions, but at a price: The courts in America became an agent of social discord.

It would be good for the country’s stability if a Kavanaugh Court disincentivized the left from using the courts to push the far edges of the social envelope. This is not about turning back the clock. It is about how best to resolve bitter social and cultural disputes in the future. It is about no longer using the courts to make triumphal moral claims against the majority.

In the Kavanaugh Court, extending rights claims beyond their already elastic status is going to require more rigor than appeals to a judge’s personal sensibilities or a theory of social organization developed in law journals.

Advocates for social change involving race, gender, identity and such will have to convince representative majorities, elected by voters, to agree with their point of view. Unlike in the past four decades, the high court will more often weigh in after, not before, the political process has happened.

The United States needs to settle down politically ….

Daniel Henninger (emphasis added, paywall)

I’m less convinced than Henninger that the Roe v. Wade line of cases can survive a court that shows rigorous respect for the Constitution. Here’s why.

Not too long ago, I got into an internet dust-up with an progressive ignoramus who claimed that the purpose of the Constitution was to establish “rights.” I tried to correct him, and was treated as a monster for denying his dogma.

He was wrong, but he’s far from alone. It’s widely overlooked these days (though probably not widely ignored when mentioned) that the Bill of Rights are ten amendments to the constitution, the core purpose of which was to set up the rules for governing a new nation (duh!).

Among those rules were separation of the national government into three branches, with checks and balances among them, and with limitation on their overall power because states and the people would retain all powers not delegated to the national government.

So when an overreaching court seizes an issue from the States, although the Constitution left that issue to the states, that seizure is no less a violation of the constitution than when Congress makes a law, say, respecting the establishment of religion or prohibiting the free exercise thereof.

The Supreme Court Justices swear to uphold the Constitution, and take no oath to advance rights claims without Constitutional roots. Doesn’t that oath oblige justices to undue the mistake of a prior court that improperly wrested an issue away from those to whom the Constitution left it?

It’s pretty well known among legal scholars that the constitutional underpinnings of our abortion jurisprudence are somewhere between shaky and fanciful. There was a veritable cottage industry of attempts on the legal left to re-write the defective Roe v.. Wade opinion in law journal articles from 1973 to 1992, when Justice Kennedy replaced all the trimester crap and other Roe detritus with the equally risible “mystery passage” and invocation of stare decisis to avoid a “jurisprudence of doubt.” (“Shut up,” he explained.)

Perhaps a “Kavanaugh Court” would demur from overruling the Roe line of cases because frank overruling would increase an already-dangerous level of political discord. I suppose that could be justified on a “lesser Constitutional evil” theory (e.g., “If we honor federalism and return abortion laws to the states, where they belong, the whole Constitutional edifice could be toppled in the aftermath”).

In an era of Constitutional outrages, I don’t think that would be at the top of the outrage list, but I could fairly easily see it going the other way, too, especially if our political discord dies down before an appropriate case reaches the court.

* * * * *

The waters are out and no human force can turn them back, but I do not see why as we go with the stream we need sing Hallelujah to the river god.

(Sir James Fitzjames Stephen)

Reality is that which, when you stop believing in it, doesn’t go away.

(Philip K. Dick)

Some succinct standing advice on recurring themes. Where I glean stuff.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Will Kavanaugh butcher the sacred cow?

I think it was Nina Totenburg who on NPR Tuesday evening was incredulously challenging a Trump spokesman on the claim that President Trump didn’t ask SCOTUS nominee Kavanaugh about abortion — because Trump said on the campaign trail that he would appoint pro-life justices. As the spokesman pointed out, he also promised that there would be no litmus test and that he provided a list, later expanded, of people from whom he would nominate.

Here’s the solution of Totenburg’s clumsy effort at setting up a trick box:

  • There are no secret handshakes or pass-codes. Trump and Kavanaugh are (or will be) telling the truth when they deny discussing abortion. Get over it.
  • Trump (or, likelier, his advisers on judicial matters) are just quite confident that the people on his list are going to be hostile to the Supreme Court’s abortion jurisprudence because it’s a hot, steaming mess, lacking firm roots in the Constitution. The people on the list revere the Constitution and will be disinclined, all else being equal, to ignore hot steaming messes that sully the Constitution by the pretext that it, the Constitution, and not errant justices, created the mess.
  • Notably, Democrat Chuck Schumer has declared his certainty — and horror — about how Kavanaugh would decide abortion cases (presumably starting with Kavanaugh’s constitutional reverence and following the trail from there, though Schumer would never admit that the one follows the other logically).
  • Democrat Presidents are similarly confident, without actually asking, that their nominees are not going to be overly troubled by the legal messiness of the status quo. Their party has a rather latitudinarian view about the importance of the Constitution’s original public meaning, plus some theories on how we can never know that meaning, and (double-plus) it reveres the sexual revolution. Q.E.D.
  • Trump was and is a bullshitter. Any correspondence between what he promises and what he does is, generally, coincidental. His judicial nominees from that list have been a happy exception, as he has hewed to the list of nominees from which he promised to pick. (Okay: Schumer’s a bullshitter, too, though definitely a minor-leaguer compared to President MAGA.)

A Kafkaesque part of the prescribed ritual combat will be invocations or deprecations of “Roe v. Wade.” It’s weird because Roe finally succumbed to its birth defects (helped along by a thousand cuts from Law Journal articles, left, right and center) in 1992, with Anthony Kennedy and company quietly interring it and trotting out the new rationale for continuing a liberal abortion regime: No more trimesters or such; the test of a law is whether it creates an “undue burden” on access to abortion, because “[a]t the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe and of the mystery of human life.” (Damn! How could I have missed that?!)

Roe is dead. De mortuis nil nisi bonum. But if you take away the totemistic invocation of Roe, the Senate might be struck dumb(er).

And therein lies the dilemma that will produce some sordid theater over the coming months.

* * * * *

The waters are out and no human force can turn them back, but I do not see why as we go with the stream we need sing Hallelujah to the river god.

(Sir James Fitzjames Stephen)

Reality is that which, when you stop believing in it, doesn’t go away.

(Philip K. Dick)

Some succinct standing advice on recurring themes. Where I glean stuff.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

If you promise, deliver

[John] McAdams, a professor of political science, wrote on his personal blog, Marquette Warrior, about a recorded interaction in which a graduate student philosophy instructor told her student that his opinions opposing gay marriage “are not appropriate.”

A month later, without presenting him with any formal charges, Marquette suspended McAdams, cancelled his classes, and banned him from campus. The college later insinuated that McAdams violated a harassment policy, and that his punishments stemmed from his naming the instructor in his blog post and linking to her own, publicly available, blog.

“As FIRE has argued since the beginning, Marquette was wrong to fire John McAdams simply for criticizing a graduate student instructor who unilaterally decided that a matter of political interest was no longer up for debate by students,” said FIRE Executive Director Robert Shibley. “This ruling rightly demonstrates that when a university promises academic freedom, it is required to deliver.”

Though Marquette is a private, Roman Catholic institution not bound by the First Amendment, the university promises faculty “the full and free enjoyment of legitimate personal or academic freedoms,” and it explicitly guarantees that “dismissal will not be used to restrain faculty members in their exercise of academic freedom or other rights guaranteed by the United States Constitution.”

Press Release by FIRE. From their computers to God’s ear — and the ears of other university administrators:

“Administrators cannot simply decide that they do not like the results of certain faculty speech, and then work backwards to find a justification for firing them,” said Ari Cohn, director of FIRE’s Individual Rights Defense Program. “The court’s decision recognized that allowing a university to do so is incompatible with any meaningful understanding of academic freedom. Colleges and universities across the country that are facing calls to discipline faculty members for their online speech should pay attention to today’s decision.”

* * * * *

The waters are out and no human force can turn them back, but I do not see why as we go with the stream we need sing Hallelujah to the river god.

(Sir James Fitzjames Stephen)

Reality is that which, when you stop believing in it, doesn’t go away.

(Philip K. Dick)

Some succinct standing advice on recurring themes. Where I glean stuff.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving.

Not just another warring Hobbesian voice

The press — especially the prestige press like the New York Times — has trouble seeing religion as anything real. They so thoroughly view everything through a political lens that they assume that religion is just politics in disguise.

Some Christians feed that perception, though — and insofar as they do, they are behaving somewhere between dubiously and very badly — closer to the latter than the former, in my opinion.

Consider:

In a conversation with a young friend, I was told that “politics is the only way to get anything done.” This is not true. Politics (the use of civil power) is a means to gain the upper hand in a Hobbesian struggle. It is war, fought by other means. It is for that reason that politics is a questionable activity for Christians. The victories achieved are often brief, and, depending on the opposition, only maintained by the continued use of force.

It is profoundly the case that civil (or military) force are not the tools of the Kingdom of God. It is among the many reasons why the Kingdom of God is not, and never can be a human project …

What Christ brought was not a set of ideas to be shared in the Hobbesian conflicts of this world. What He brought was the Kingdom itself and the means for our entrance into that Kingdom and for its life to be manifest in us. It has become commonplace for modern Christians to espouse some ideas based on Christian “moral principles” and to make them the guiding light for political projects, sometimes saying that they are “building up the Kingdom in this world” (or words to that effect).

When the Christian life is reduced to moral and political principles, it simply becomes one more warring voice within Hobbes’ nightmarish description of life. This is true regardless of how noble our intentions might be. This is also deeply frustrating for us. The Christian life as moral and political principle does not require anything more than new opinions. It masquerades as renewal and change when it is nothing more than the same war fought by unbelievers.

Fr. Stephen Freeman

In my perception, “building up the Kingdom in this world” is a characteristically progressive Christian trope.

The dread “Religious Right” tends so strongly toward dispensational premillennialism that it would be a feat of theological code-switching of epic proportions for them to say that with a straight face. That doesn’t mean the Religious Right doesn’t “espouse some ideas based on Christian ‘moral principles’ and to make them the guiding light for political projects,” however — which feeds the media bias first cited above.

On the precedent of the Apostle Paul, however, I think we may assert our legal rights defensively (and in most cases, Christians are legally aggressed against more than aggressors).

But we mustn’t kid ourselves that we’re building the Kingdom of God when we do. Whatever you label it, it’s something other than that.

* * * * *

The waters are out and no human force can turn them back, but I do not see why as we go with the stream we need sing Hallelujah to the river god.

(Sir James Fitzjames Stephen)

Reality is that which, when you stop believing in it, doesn’t go away.

(Philip K. Dick)

Some succinct standing advice on recurring themes. Where I glean stuff.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving.

Δ blindness

The New York Times item (news? analysis? editorial?) on the Right “weaponizing” the First Amendment is, of course, subject to satire and plausible accusations of hypocrisy — as is the Rights newish romance with that Amendment.

But here’s a fresh spin on the story:

[I]f you follow this logic of this Times analysis, then workers at low-budget religious ministries that offer women alternatives to abortion actually represent “the powerful” classes in California, in a free-speech fight with government, Planned Parenthood, et al, over whether ministries can be compelled to give women what amounted to referrals to abortion facilities.

When you apply this to other crucial First Amendment doctrines then you would find yourself defending the rights of a single baker (a traditional Christian) to decline a request to create a one-of-a-kind artistic cake celebrating a same-sex wedding rite (after offering the couple any of the standard cakes or desserts in his shop). The baker’s very narrow, faith-based refusal of this task was offensive and caused pain, yet the gay couple had many other options in the local marketplace. The baker is “the powerful” force in this legal fight?

It would also be possible to defend Catholic nuns who refused government commandments that they cooperate with efforts to provide contraceptive options to their own staff, in violations of important Catholic doctrines linked to their mission. The elderly nuns represent the “the powerful” classes in this legal fight?

I am left, once again, wondering what label to assign to contemporary people and groups that are weak in their defense of free speech, weak in their defense of freedom of association and weak in their defense of the free exercise of religion. What should fair-minded journalists call them? What should the Times team have called the powers that be on the “progressive” side of the debate (including the newspaper’s editorial-page team)?

The one label that cannot be assigned to these groups is “liberal.” That just won’t fly, in the wider context of American political thought.

(Terry Mattingly, emphasis added)

Progressives and Conservatives have different characteristic blindnesses.

* * * * *

The waters are out and no human force can turn them back, but I do not see why as we go with the stream we need sing Hallelujah to the river god.

(Sir James Fitzjames Stephen)

Reality is that which, when you stop believing in it, doesn’t go away.

(Philip K. Dick)

Some succinct standing advice on recurring themes. Where I glean stuff.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving.

Don’t worry: There’s still a northern border

Trinity Western University “asks its faculty and students to observe traditional Christian teachings on marriage through a community covenant.” What happened when it wanted to open a law school with a unique specialty in charity law?

Everyone agreed that Trinity’s program met all the requirements and would train competent lawyers. But law societies across the country held public meetings during which Trinity’s students and faculty were called bigots and worse.

The Law Society of Upper Canada, the nation’s oldest and largest, told the high court in Ottawa during oral arguments on Nov. 30, 2017, that accrediting any “distinctly religious” organization would violate the Canadian Charter, which is similar to the U.S. Bill of Rights. It added that when the government licenses a private organization it adopts all its policies as its own. If these arguments had been accepted, they would have spelled the end of Canada’s nonprofit sector. In their zeal to root out the supposed bigotry of traditional religious believers, these lawyers were prepared to dynamite Canada’s entire civil society.

Thankfully the court passed over some of our opponents’ more extreme arguments. Instead, on June 15 it ruled that making Trinity’s faith-based community standards mandatory could harm the dignity of members of the LGBT community who attend Trinity. The majority of the court concluded that this potential dignitary harm to future LGBT law students was “concrete,” while the infringement on Trinity’s religious liberty from refusing to accredit its qualified law program was “minimal.”

Bob Kuhn, Canada Attacks Religious Freedom (emphasis added).

They used to sarcastically say about anti-anticommunism “Don’t worry: they’re still 90 miles away.”

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.

* * * * *

I also blog short items at Micro.blog.

Some succinct standing advice on recurring themes.

Where I glean stuff.

We’re not asking for much

[Masterpiece Cakeshop] did not decide the question about religious freedom and the rights of sexual minorities. However, one key element of the decision drew my attention. The court recognized how anti-Christian bias on the part of the Colorado Civil Rights Commission negatively impacted the chances of the defendant – Jack Phillips. I have done research on Christianophobia, and some individuals choose to ignore the data to say that it does not exist. But now the Supreme Court not only acknowledged its existence but also ruled that it can negatively impact Christians.

The challenge to the religious freedom of Christians comes from those with Christianophobia defined as an unreasonable fear and hatred of Christians. In the United States they generally target conservative Christians. Those with Christianophobia tend to be white, male, wealthy, highly educated, politically progressive and irreligious. These qualities describe individuals with power in our cultural institutions such as academia, media and the arts.

The way anti-Christian attitudes manifest themselves is generally though measures that concentrate on removing Christians from the public square rather than overt discrimination. A great example of this can be seen in the recent University of Iowa ruling. The university attempted to impose a rule by which student religious groups had to allow those nonbelievers to be leaders on a Christian group but not on a Muslim group. On the surface the administrators claimed that the rule is religiously neutral, but clearly they treated non-Christian groups differently than Christian groups. Non-Christian groups were to be allowed to have a cultural presence on the campus that was to be denied to Christians.

George Yancey, Will Loss of Religious Liberty Doom Evangelicalism?

A lot of religious liberty lawyers would join me in opining that most anti-Christian bias (“Christianophobia” if you must) would disappear if only our elites would afford Christians:

  • the same respect they generally afford everyone else,
  • they specifically afford Muslims, as at the University of Iowa, or
  • they afford bakers who refuse commissions for cakes with Biblical “slam passages” artfully applied to the frosting.

* * * * *

I also blog short items at Micro.blog.

Some succinct standing advice on recurring themes.

Where I glean stuff.