The Problem with “Principle”

Principles are necessary “rules of the road” for human and social conduct. We consult our guiding principles when we encounter real-world problems, in an effort to craft solutions that will be both practical and just.

When principles lose their connection to the real world, however, they lose their ability to guide us to good decisions.

There are a couple of ways principles get divorced from reality. One example was the Supreme Court’s decision in Citizens United. The Court applied an important abstract principle—upholding the widest possible marketplace of ideas—without a proper appreciation of the messy realities of money and American politics.

Isolation from the nitty-gritty of politics goes a long way to explain the Court’s disconnect from the likely real-world consequences of decisions like Citizens United. A different kind of isolation from reality can be seen in the ferocious attack by Republicans on the very idea of universal healthcare–what they contemptuously call “Obamacare.” It’s what happens when principles harden into rigid ideologies, and defending those ideologies becomes more important than solving real problems.

Recently, a friend emailed me to ask a question about the Komen/Planned Parenthood controversy. Her interest was more than casual: she has breast cancer. And as she explained,

“My husband and I are on the mend now but found ourselves in a terrifying situation. I was diagnosed in June, had my lumpectomy and chemo, radiation.  In the middle of all of this Tom had chest pains. He was in heart failure and could have died.  He had emergency open-heart surgery to correct a birth defect he had no idea he had.   The doctor replaced his aortic valve because it had 2 flaps instead of three. No blockages fortunately.

I am ashamed to admit this but we have no health insurance. This is because we are both self-employed, not part of a group, so our premiums increased yearly until we could no longer afford the $1700 per month premiums.

We thought we might even have to divorce to protect our home from creditors due to medical bills. We both have always worked hard and paid our bills but this was beyond our control.

 Through the Little Red Door we found Indianapolis Medical Society Project Health. They helped us both financially. Without them I do not know what we would have done.”

 According to the Medical Society’s website, Project Health is a community partnership to improve access to health care for low-income, uninsured residents of Indianapolis. It combines donated physician care, hospital services, medication assistance, and case management in order to wring the most out of existing community resources and service providers so that patients can receive timely and appropriate care.

Project Health and other nonprofit organizations make a valiant effort to help the uninsured, but in the real world, there is simply no way the nonprofit sector can address the needs of the estimated 45 million Americans who have no health insurance.

I have my own “principled” critique of the Affordable Care Act. It’s far from perfect. But it is an effort to help real people with real problems in the real world.

What I’d like to say to the (well-insured) politicians intent on mischaracterizing, savaging and repealing “Obamacare,” is this: It is entirely appropriate to suggest alternatives, to offer proposals that would improve coverage and efficiency. It is entirely appropriate to acknowledge that regulations accompanying universal coverage will generate conflicts of the sort we’ve seen with the recent flap over contraception, and to try to minimize those.

What is neither appropriate nor humane is your insistence that people continue to suffer and die for your political “principles.”

Whose “Conscience”?

Several Facebook friends recently posted the same cartoon: a pregnant woman lying on an examination table getting a sonogram is looking at the machine’s screen as her doctor moves the sensor over her belly. She asks “What’s that other thing in my uterus?”  The doctor replies “The State of Texas.”

The reference is to one of the latest assaults on women, legislation that would require any woman wanting an abortion to undergo a medically unnecessary sonogram. Since the vast majority of abortions occur within the first trimester, when a fetus is difficult to detect, this procedure requires the insertion of a sensor into the uterus through the vagina. In other words, it requires that the woman be penetrated.

In Virginia, proponents of this requirement defeated an amendment that would have required the woman to consent to that penetration.

Words fail.

Let me try to understand where we are, in the brave new 21st Century. It is a violation of religious liberty to require health insurers to offer birth control coverage to women who want it. It’s a violation of conscience to require a pharmacist to dispense birth control to a willing buyer if his religion disapproves of its use. But it isn’t a violation of personal and religious liberty to compel a woman to be penetrated by a device during a medically-unnecessary procedure before she can exercise a constitutionally-protected right to terminate a pregnancy.

We’re lucky women still have the right to vote.

And speaking of voting–the phrase “use it or lose it” has never seemed more apt.

Comments

Irony-Challenged Santorum

In the dust-up over contraceptive coverage, Rick Santorum–along with a number of other GOP (male) elected officials–has condemned the Obama administration’s “assault” on “religious liberty.” This charge has produced some truly ludicrous moments; yesterday, for example, the news was filled with photos depicting the witnesses at a trumped-up congressional hearing into the pernicious effects on religious liberty of the requirement that health insurers cover contraception. The witnesses were all male.

But Santorum easily wins my vote for the most audaciously irony-challenged of these protectors of religious liberty.

Santorum is one of those Christian Nation folks who believes that his religious beliefs should dictate public policy; in his 15th-Century view, violations of religious liberty occur when the law fails to follow his version of God’s plan. Santorum’s God doesn’t like gay people, so Santorum believes the law should deny GLBT folks basic civil liberties, let alone the right to marry. Santorum’s God doesn’t believe in abortion, so no one else should be able to have one, no matter how dire the circumstances or how different that woman’s own belief system.

And with respect to contraception, as a fellow Catholic recently wrote:

“This confluence of politics and religion brings me right to Santorum’s public policy opposition to contraception. In his public (and apparently private) life, Santorum has, in effect, hewed to the Vatican line that so-called “artificial” contraception constitutes an “unnatural” frustration of the natural end of the sex act. But, like most good politicos Santorum hides his Catholic animus to contraceptive rights. Notably, he takes cover in legalisms. He opposed Griswold v. Connecticut—the judgment guaranteeing contraceptive right to married couples—because he disagreed with the Court that right of privacy exists in the Constitution. Beyond its cramped legalism, I find this maneuver devious. Santorum dare not say what truly moves him in this debate—namely his unswerving loyalty to the Vatican’s proscription of “artificial” methods of birth control and family planning as against nature.”

During his tenure in the U.S. Senate, Santorum consistently voted to impose his own religious views on others, and he is admirably forthright about his intentions to “Christianize” America should he be elected President. He is breathtakingly oblivious to the true meaning of religious liberty. (Hint, Rick: religious liberty means that you are entitled to live in accordance with your beliefs, but others are equally entitled to live by theirs.)

I am rooting for a Santorum Presidential candidacy. He is the perfect embodiment of today’s GOP base. If Romney is the nominee, and gets crushed, the Republican base will simply conclude he wasn’t conservative enough. A Santorum-Obama contest would allow the general public to send a decisive and needed wake-up message to the culture warriors who have captured one of America’s major political parties.

Comments

Church and State in Texas

A friend recently sent me a copy of a Court Order approving a settlement in a hotly contested case from a small town in Texas. The Plaintiffs had complained that the school corporation engaged in pervasive and unconstitutional religious activities over a period of years–prayers over the loudspeakers, constant religious references by the Principal, prayers at athletic contests and graduation ceremonies and more. Students who complained were disciplined.

The judge’s opinion–especially the unusual “Personal Note” that he added–are worth reading in their entirety; the Personal Note appears below. His Appendix–which is not reproduced, but is also accessible on line–is a first-rate history of church/state relations through American history. I particularly appreciated the opening section of the Opinion, “What this case was NOT about,” in which he made a point not sufficiently emphasized: any child can pray in school at any time. The issue is whether public school officials–arms of the government–can promote or require that prayer.

Americans United for Separation of Church and State issued a press release detailing the major elements of the settlement:

* School district personnel will not display crosses, religious images, religious quotations, Bibles or religious texts, or other religious icons or artifacts on the walls, hallways, and other areas at the school.

* The district will not invite speakers, including government officials or community leaders, whom it has reason to believe will proselytize or promote religion during their remarks.

* The Medina Valley High School student handbook will contain a section on students’ rights to religious freedom, including the importance of respect for and tolerance of students from all backgrounds and the specific procedures for registering a complaint with district personnel about violations.

* The district will provide annual training to all district personnel who interact with students or parents or who supervise those who interact with students or parents. The training will cover a variety of topics related to students’ rights and church-state separation.

The release clarifies the terms of the agreement, but it’s only when you read the brief “Personal Statement” the Judge appended that you really appreciate the nastiness of the controversy, and the tenor of the “debate” conducted by the “religious” folk involved.

“A PERSONAL STATEMENT

During the course of this litigation,many have played a part:

To the United States Marshal Service and local police who have provided heightened security: Thank you.

To those Christians who have venomously and vomitously cursed the Court family and threatened bodily harm and assassination:In His name,I forgive you.

To those who have prayed for my death: Your prayers will some day be answered,as inevitability trumps probability.

To those in the executive and legislative branches of government who have demagogued this case for their own political goals:You should be ashamed of yourselves.

To the lawyers who have advocated professionally and respectfully for their clients’ respective positions:Bless you.”