Scalia’s Morality

As has been widely reported, Justice Antonin Scalia made a controversial–albeit illuminating–remark on Monday, during a speech at Princeton. In response to a student who asked him about previous anti-gay writings in which he had compared laws criminalizing homosexuality to those banning bestiality and murder, Scalia defended the comparison, saying that–while he wasn’t equating homosexuality with murder–it illustrated his belief that legislative bodies should be able to enact laws against “immoral” behaviors.

I am deathly tired of legislators and judges who define “morality” exclusively by what happens below the waist, and who confuse “tradition” with a moral compass.

Throughout his career, Scalia has devoted his undeniable brilliance not to an exploration of the human condition, the nature of morality or even the role of law in society, but rather to the creation of an elaborate intellectual defense of his prejudices.

Anyone who would equate sexual orientation–an identity–with murder–a behavior–fails Classification 101. It can never be immoral simply to be something: gay, female, black, whatever. Morality by definition is right behavior. And most moral philosophers begin that examination by asking a fairly simple question: does this behavior harm another?

Now, I know there are endless (legitimate) arguments about the nature of “harm,” but–Micah Clark and Eric Miller to the contrary–the mere fact that gay people exist and may be granted equal civil rights cannot be rationally considered harmful.

How moral we are depends upon how we treat each other. Sexual molestation is wrong whether the molester is gay or straight. Theft is wrong irrespective of the color, religion or sexual orientation of the thief.

And as many others have noted, tradition is hardly a reliable guide to moral behavior. Quite the opposite, really. War has been a human tradition. Slavery was traditional for generations. The submission of women lasted eons. The loss of these “traditions” is hardly a victory for immorality–although for old white guys like Scalia, I’m sure the loss of privileged status is cause for regret.

The job of legislatures is to pass measures needed by governing bodies–rules for civic order, taxation, service delivery, and the myriad other matters that may properly be decided communally. Allowing legislators to decide whose lives are moral is not only improper, not only an abuse of power, it is itself immoral.

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Test Results?

‘Tis the season.’ Classes are over for this semester, final exams are concluding, and college professors are drowning in piles of term papers to grade.

And griping.

Yesterday, I was talking to some of my colleagues about the disappointing performance of my students this semester. Although they’ve been reasonably diligent, this cohort has been stubbornly “stuck” at a superficial level. They can regurgitate material from the text or lectures, but they seem unable to get beneath the surface; for that matter, I’m not sure they know there is anything beneath the surface. They seem unaware of complexity or nuance. They skate along the surface, seemingly unaware of the big questions, or the deeper implications of the material–they just focus on finding out what I want on the tests and then giving it to me.

My experience has been shared by others, and not just in SPEA, where I teach. One of my colleagues has an intriguing–if disquieting–theory about the root of the problem: she thinks it is a result of the educational emphasis on high-stakes testing.

It’s now been several years since the education reform movement began its love-affair with constant testing. Students who have grown up in the resulting environment, students whose educational experience has consisted of sitting in a classroom where the instructor is “teaching to the test” are just now entering college. They come to us expecting to be evaluated in much the same way–that is to say, on the basis of their ability to absorb and recite back an assigned body of material.

And that isn’t education. It shouldn’t be what college is all about. College should be a time for probing, for questioning, for discovering–for considering the pros and cons and complexities of issues. Skill acquisition is part of that, but by no means the most important part. Skills can quickly become obsolete; the ability to think critically and analytically will never be outdated.

I don’t know whether my colleague’s theory that we are seeing the end result of teaching to the test is correct. Maybe next semester’s students will display intellectual curiosity, ask the hard questions and disprove the generalization. But I think she may be on to something, and if she is, then the critics of the current methods of “teacher accountability” will have been proven right.

I’m no defender of the status quo in K-12 education. I was once a high-school English teacher, and I am a firm believer in the importance of evaluation. But (as I try to explain to those uninterested students), how we do something is frequently more important than whether we do it. Unintended consequences are the bane of the policy process.

Maybe we should re-introduce elementary and high school students to art and music, test them a little less often and challenge them to think a little bit more.

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Give Me a Break!

My friend Bill Groth has been posting to Facebook bits and pieces of the amicus brief that Indiana’s Attorney General has filed in the Supreme Court in the Proposition 8 case.

“The decision below invalidating California’s traditional definition of marriage represents about as radical a departure from deeply ingrained American legal traditions and precedents as one can imagine….The result [of the 9th Circuit’s decision] is disintegration of perhaps the most fundamental and revered cultural institution of American life: marriage as we know it.”Next, he tells us why “traditional” marriage is so grand–only we straights can “beget”:

“A state may rationally confer civil marriage on one man and one woman in order to encourage the couple to stay together for the sake of any children that their sexual union may create. Traditional marriage focuses on protecting children and creating optimal childrearing environments, not on adult relationships. The male-female relationship alone enables the married persons—in the ideal—to beget children who have a natural relationship to both parents and to serve as role models of both sexes for those biological children.”

Zoeller next scolds the 9th Circuit for even daring to suggest Prop 8 was mean-spirited:

“[T]he Ninth Circuit’s unsupported and insulting insinuation [was] that California voters adopted Proposition 8 out of sheer bigotry against homosexuals….”

Oh, no–it couldn’t possibly be mere bigotry! After all, the arguments against same-sex marriage are so logical and powerful. (Actually, they are powerful. Like zombies, they just won’t die.)

Let’s go over this one more time.

“Traditional marriage” has always been between one man and one woman. Bullfeathers. Read that damn bible you keep cherry-picking, and see how many wives those patriarchs had. Look at world history, where plural marriages–polygamy–have been the norm in many countries. For that matter, look around the globe today, where a significant percentage of the world’s population continues to practice polygamy.

Marriage is for procreation. Double bullfeathers. In the past, marriages have been arranged in order to maintain business relationships, cement national treaties, protect property…Furthermore, if we didn’t let non-procreators marry, there would be a lot of lonely old folks and sterile singles. I certainly didn’t marry my current husband in order to procreate–we’d both done that with previous spouses.

Allowing same-sex couples to marry won’t do a single thing to diminish my heterosexual union. It won’t cause divorce rates to skyrocket (Massachusetts, interestingly, has the lowest divorce rate in the nation.) It won’t require elementary school teachers to talk about sexual orientation, or ministers to perform same-sex marriages. It won’t establish affirmative action quotas.

Despite the whining coming from the Right, same-sex marriage won’t undermine Western Civilization as We Know It.

What recognition of same-sex unions will do is acknowledge that gay men and lesbians are citizens, not criminals, and entitled to be treated equally under the law. And that is quite clearly what sticks in the craw of the “defenders of traditional marriage.” Recognition of that increasingly obvious fact is what leads most fair-minded people to the inescapable, albeit “insulting,” conclusion that opponents of same-sex marriage are simply bigots.

What infuriates me even more than these tired and flimsy justifications for homophobia is the news that my tax dollars are being spent by the Indiana Attorney General to file a brief that purports to represent the position of the Hoosier state. I’m pretty confident that Indiana citizens are closely divided on this issue. I’m even more confident that, if asked, a significant majority of us would tell Greg Zoeller to spend his time on the duties statutorily assigned to him, the tasks for which he is being paid.

He can indulge his prejudices on his own time.

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Engage!

There’s no dearth of discussion about the effect of social media on culture and politics. Facebook and Twitter, especially, are credited (if that’s the word) with facilitating everything from the Arab Spring to the surprise victory of Glenda Ritz here in Indiana. Political observers tell us that sophisticated use of social media was a major factor in Obama’s successful GOTV effort, and that bungled use of that same media hampered that of the Romney campaign.

During a discussion about the Media and Policy class we’ve been team teaching this semester, John Mutz wondered aloud whether these forms of communication might be destabilizing government, making it much more difficult to engage in the sort of negotiation and deliberation that democratic theory prizes.  I think he’s right, and I think this is an unfortunate and under-appreciated consequence of our current, frenetic media environment.

It’s not just the speed with which information, innuendo, rumor and half-backed conspiracy theories circle the globe. It’s the partial nature of that information.

The goal of democratic societies is informed participation. Not just voting, not just agitating for this or that change, but thoughtful engagement in self-government. Today’s communication technologies facilitate immediate engagement: Sign the petition to XYZ, telling them to vote for ABC! Join the protest against so-and-so! Don’t let ‘them’ change this program–it’s all that protects grandmas and kittens! We are given tools with which to send a message, but all too often, the message is not based upon a full explanation of the issues involved.

I know there have been several instances where I’ve gotten such a “call to action” that initially seemed appropriate to me, but upon further research into the policies involved, turned out to be promoting a result that was neither practical nor possible. (The federal budget really isn’t like our household budgets–it’s a lot more complicated. Sometimes, well-intentioned programs that are meant to help one population or another have negative unintended consequences that really do need to be addressed. It’s usually more complicated than that email blast would suggest.)

Despite their considerable merits, Facebook and Twitter and all the other methods of rapid communication at our disposal too often get us to fire before we aim.

It’s important to be engaged. It’s important to communicate quickly with our elected representatives when we think they are about to act in ways that will damage important institutions, or harm vulnerable constituencies. Social media allows involved citizens to mobilize others, and to have a much louder and more effective voice than was previously possible. The downside is that the folks most likely to be involved are the partisans, both left and right, who tend to be more ideological than informed.

It’s so easy to click that link and sign your name. Who has time to read up on the arguments, pro and con?

As Captain Picard might say, “Engage!”

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