Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, April 20, 2009

“Perez… that’s a very hot topic in our country right now” and ...

I have not watched a beauty pageant since I was around 7 years-old, when the Miss America Pageant was 1970s “must see T.V.” I certainly do not plan to start watching pageants now. Since it was all over the news this morning, I can’t help but laud Miss U.S.A. contestant, Carrie Prejean, a.k.a. Miss California, who, when asked by pageant judge Perez Hilton, whether she thought every state should follow Vermont and the three other states that have given legal recognition to same-sex marriage, responded: "Well I think it’s great that Americans are able to choose one way or the other. We live in a land where you can choose same-sex marriage or opposite marriage. You know what, in my country, in my family, I do believe that marriage should be between a man and a woman, no offence to anybody out there. But that’s how I was raised and I believe that it should be between a man and a woman. Thank you."

It was not enough to ask a baiting question and accept the answer given, Mr. Perez, who is a well-known and very vocal advocate for same-sex marriage, lambasted Prejean after the contest, saying that her answer was "the worst answer in pageant history." Why? One can only surmise that it is because she neither came out in favour of same-sex marriage, nor did she choose to be "diplomatic" and avoid answering the question directly. Isn’t this a bit like seating a V.P. of Citibank as a pageant judge and her asking contestants what they thought about Hank Paulson’s TARP legislation? In fact, it was a question about bank bailouts that Prejean’s competitor, Kristin Dalton, Miss North Carolina, who went on to be named Miss U.S.A., was asked, but not by a bank vice-president.

Being a generous man, Mr. Hilton went so far, after the pageant, to suggest an answer he would not have found offensive: "Perez, that’s a great question and that’s a very hot topic in our country right now. I think it’s a question that each state should answer for themselves because that’s our forefathers designed our government. The states rule themselves and then there are certain laws that are federal." Looking back at Carrie Prejean’s answer, I think she did state what Hilton suggested as regards what it means to live in a constitutional democracy, like the U.S. Her apparent misstep was answering his question in its entirety, a question that asked what she thought about the matter.

It is also important to note that her opinion is the opinion of a majority of Californians who went to the polls last November and democratically rejected giving legal status to same sex marriage, thus popularly overturning an edict by the California Supreme Court. It may bear reminding Mr. Hilton that the only state that recognizes same-sex marriage that has done so by anything like a democratic process (i.e., not by judicial fiat) is Vermont. In Massachusetts, Connecticut, and Iowa it is something imposed by state supreme courts. Further, wherever same-sex marriage has appeared as a ballot initiative to amend the state’s constitution to define marriage as between one man and one woman, including California (and Utah), it has passed, the California vote being far and away the closest, though Colorado and Arizona passed marriage amendments with majorities of 55% and 56% respectively. I will concede that while Massachusetts began recognizing same-sex marriage as the result of a state Supreme Court ruling, subsequent attempts to amend the state constitution have been defeated in the legislature. New Jersey and New Hampshire both have civil partnership laws, like Vermont did prior to the recent vote to override the governor’s veto of a bill to legalize same-sex marriage.

Sadly, Hilton was not able to limit himself to dismissing her answer with prejudice. Posting a video blog he went on to call her " dumb bitch." I would expect to see feminists take issue with a gay man calling a woman a dumb bitch, just as people did when Isiah Thomas, defending himself in a sexual harassment lawsuit, claimed that it was alright for an African American man to call an African American woman a bitch, but it was not alright for a white man. Just to be clear, it is not okay for a man of any colour or sexual orientation to conduct himself in such a reprehensible manner, especially under these circumstances, in which she was merely giving an honest answer to a question he asked!

It is true that her answer likely cost her title Miss U.S.A., but that is a small price to pay for maintaining her integrity. Perhaps Perez Hilton should just stick to asking himself questions, that way he’ll always get the answer for which is looking.

I think this event is very instructive regarding the current cultural circumstance in which we find ourselves. The question for us, attending to the totality of its factors, how do we live this reality, how do we give witness to Christ in this reality? Part of the answer lies in giving honest answers to questions, questions that are ultimately about meaning and purpose, our meaning and purpose, even in the face derision and hostility.

While I am at it, note to Janeane Garofalo: just as it was not inherently un-patriotic to criticize Pres. Bush, it is not inherently racist to criticize Pres. Obama.

Friday, March 27, 2009

The one year anniversary of the YFZ raid

Looking back at yesterday's post on my blog, today marks the one year anniversary of the raid on the Yearning for Zion ranch in Texas. You know what is really weird? I have twice spent the better part of a year in San Angelo, Texas!

"In sermons and school lessons," writes Brooke Adams in today's SL Trib, "the FLDS have kept alive eight decades of efforts to wipe out their polygamous lifestyle -- most notably, the 1953 raid on Short Creek, their traditional home base at the Utah-Arizona border. Authorities kept 263 women and children in state custody for two years. The raid led the sect to close ranks -- a decision that contributed to what happened in Texas 55 years later." She then goes on to quote Utah Attorney General Mark Shurtleff, whose statement is as notable for what he does not say as for what he does: "One good thing is it sent a message to [sect leader] Warren Jeffs, or anyone of his ilk, that they can't go somewhere else to perform underage marriages, even though they went to extraordinary lengths to have it be private on the ranch." Note that he is not so concerned about polygamy per se, which is forbidden by the Utah State Constitution, but only with underage shenanigans. Now, if one has to prioritize, sparing young girls the tribulation of being forced to be a plural wife at an age younger than the law permits anyone to enter into a marriage is a higher priority. Do not for one minute think that he has no sympathy for polygamists. After all, it is Shurtleff who said,

FLDS Temple at the YFZ Ranch
"Polygamy is illegal in Utah and forbidden by the Arizona constitution. However, law enforcement agencies in both states have decided to focus on crimes within polygamous communities that involve child abuse, domestic violence and fraud. The Utah Attorney General's Office and the Arizona Attorney General's Office also worked together [with polygamy advocates] to produce 'The Primer -- Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities.' This manual provides basic information about various communities that will assist human services professionals, law enforcement officers and others in helping victims from these communities. The Primer will be updated regularly to reflect modifications in the law and changes in each organization's beliefs and practices . . ."
I am not entirely unsympathetic with such an approach to law enforcement, but the idea that these communities can in any wise be trusted to police themselves and cooperate honestly with authorities, given their histories, strikes me as being more than a tad too optimistic.

Mike Leavitt, who served in the Bush Administration as EPA Administrator and then as Secretary of Health and Human Services, while serving as governor of Utah, once called for the repeal of state laws against polygamy and for an end to laws against polygamy being enforced, not only in Utah, but other states, too, because he thought the practice fell under the protection of the first amendment, despite the fact that the constitution of his state, which he took an oath defend, has to say on the matter. The Utah constitution makes polygamy a third-degree felony, although enforcement of laws banning it have not been high on the law enforcement or legal agenda since the 1953 raid. Of course, he corrected himself a few days later by saying that it is difficult to impossible to enforce laws against it because of the manner in which it is practiced. This last statement is no doubt true, but do not be fooled into thinking that he, Shurtleff, and others state leaders have problems in principle with the practice of polygamy. Why? Doctrine & Covenants Section 132, which states:
"And again, as pertaining to the law of the priesthood—if any man espouse a virgin, and desire to espouse another, and the first give her consent, and if he espouse the second, and they are virgins, and have vowed to no other man, then is he justified; he cannot commit adultery for they are given unto him; for he cannot commit adultery with that that belongeth unto him and to no one else. And if he have ten virgins given unto him by this law, he cannot commit adultery, for they belong to him, and they are given unto him; therefore is he justified. But if one or either of the ten virgins, after she is espoused, shall be with another man, she has committed adultery, and shall be destroyed; for they are given unto him to multiply and replenish the earth, according to my commandment, and to fulfil the promise which was given by my Father before the foundation of the world, and for their exaltation in the eternal worlds, that they may bear the souls of men; for herein is the work of my Father continued, that he may be glorified. "
The LDS believe that these are words of the Lord spoken directly to the Prophet Joseph Smith, Jr. Hence, for the LDS faithful, these words remain divine revelation, an unambiguous expression of God's will.

Tuesday, February 12, 2008

The Diminished Role of Christians in the Public Sphere

One of the challenges we face as a culture is that we do not know well how to live with the tension created by the fact that we disagree on fundamental moral questions. We want to resolve that tension. Some attempt to do so through persuasion. Others use force; in our culture, typically the force of law. I disagree with much of libertarianism's ideological tendencies when it comes to the role of the state, but I must admit there's wisdom in some if it, especially in this area: a recognition that relieving that tension though force of law in some situations will backfire. Who cannot look at the abortion debate and not see the weakness of both sides efforts to use courts and judicial decisions to change the debate on this? Or the drug war and not at least recognize that having the law reinforce morality hasn't always resulted in the change of behavior that many hoped for and has often created new problems? ("More Questions, No Answers")
Jack, I'm going to dodge your great questions about immigration, or at least defer them for now to follow another train of thought. The part of your message quoted above starts to articulate something bothering me about the Republican monopoly on "Christian values", in previous elections as well as specifically with Mike Huckabee's campaign. I have thought the problem is due also to the difference between a Catholic and a Protestant conception of social life.

Thomas Aquinas did not expect that the political body should resolve questions of personal morality, except insofar as they would have an impact on others.
Aquinas plainly rejects the idea that the state is a surrogate for paternal authority, or has God's authority over morally significant conduct. Though he frequently states that the political rulers have a proper concern to lead people to virtue, these statements turn out to refer to the appropriate aspirations of rulers, not to their coercive jurisdiction or authority. In the context of the surrounding argument, the statements do not commit him to any wider governmental or legal authority than to require and foster the public good and the virtue of justice, that is, the willingness to perform one's duties to others: 6.1(iii) above. The other virtues can be legally required of citizens only so far as they impact on justice: ST I-II q. 96 a. 3. Moreover, he holds the classic position that doing justice does not require that one's motivations and character be just. And when it comes to coercive measures, he holds that they can bear only upon conduct that is external and immediately or mediately affects other people unjustly or disturbs the peace of the political community: ST I-II q. 98 a. 1. Really private vices are outside the coercive jurisdiction of the state's government and law. (Stanford Encyclopedia of Philosophy)
Let me be clear. The state's interest in preventing abortion involves the protection of the innocent child. Same-sex marriages impact the nature of the family, particularly for children adopted or artificially conceived. (The issue of drugs, that you bring up, is mixed, I think. The main question there to me would be exposure to children which we hardly have a handle on.) Still it is not the law's job to turn us into "good" people.

Still, the reduction of "Christian values" in the political sphere to an exclusive emphasis on prolife/profamily issues, which are primarily private-sphere issues with a public impact, seems to me a result of a strange capitulation to religion's relegation to merely private morality. Since the secular society has mostly usurped politics, education, science, social services, you name it, setting religion in the corner to deal with private scruples and personal crises, then we in turn ourselves reduce the Christian social role to dealing with such domestic issues. So our Christian advocates of good private moral practices have no trouble with breaking up families to expel illegal immigrants, or continuing to deny Palestinians their rightful sovereignty, or going to war to impose our "democratic" way of life on another country.

In fact, our Christian outlook does have something to say about many important social issues, war for starters. We have an entire body of Catholic social teaching which is practically unknown to most evangelicals who rely on a personal interpretation of Scripture and a mostly individual response to charitable needs. Those many Catholics who are voting for Hillary Clinton may or may not be pro-abortion, but not a few do remember that Catholics were involved in labor unions so that exploited workers could have a just wage.

No answers here, just an observation. After this, IMHO, disastrous administration, we need to do some soul-searching as Catholics, with our rich tradition of social thought and practice, at accepting our banishment to such a reduced role in the political arena.