What America Got Right

President Obama made a speech in Kenya that has received very little attention, and that’s a shame, for many reasons. As Amanda Taub wrote at Vox,

While his remarks focused on Kenya, they might as well have been about the United States. And this is what was so striking about the speech: the degree to which Obama seemed to articulate a worldview, and thus a foreign policy, rooted in the lessons of America’s history of racial discrimination. Obama was offering not just a prescription for one African country, but a diagnosis of how discrimination and hatred can endanger any society — one he seems to have drawn from his experiences engaging with America’s domestic struggles during his presidency.

The speech focused upon the structural nature of discrimination and the fact that social attitudes–about the proper role of women, to take just one example–shape systems that operate to perpetuate rules and actions based on those assumptions even after majorities of citizens no longer hold them.

As important as it is to examine and address these discriminatory structures, it was the President’s other point that really struck me.

He reminded the audience that Martin Luther King Jr.’s famous dream was not just of an America without segregation, but of a world in which people would be judged by the content of their character, without prejudice or bigotry. “In the same way, people should not be judged by their last name, or their religious faith, but by their content of their character and how they behave. Are they good citizens? Are they good people?”

As I tell my students, one of America’s most striking departures from prior systems of government was this focus on behavior rather than identity. The rights of citizens were not to depend upon caste, religion, ethnic identity, or the other categories that determined  civic status in the old world; the new American philosophy (if not always the reality) held that citizens should be judged and treated as individuals, on the basis of their behavior, and not as members of favored or disfavored groups.

We have not always lived up to that standard, but the trajectory of American jurisprudence has been in that direction.

Ours is a view of citizenship and equality that is still rejected by many countries around the world–not to mention a distressing number of citizens here at home. As the President forcefully pointed out, however, basing rights on who people are rather than how they behave isn’t just morally wrong; it inflicts real damage on a society.

“When we start making distinctions solely based on status and not what people do, then we’re taking the wrong path and we inevitably suffer in the end.”

This emphasis on government’s obligation to treat people based upon their actions–not their wealth, not their religion, skin color, sexual orientation or gender– is at the core of what it means to be an American.

That principle–not our wealth or military power–is what is “exceptional” about America.

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Take the Sin Survey

Mississippi has passed one of those “religious freedom” bills, protecting the right of merchants who are “people of faith” to refuse service to members of the public whose identities/behaviors offend their tender religious sensibilities. (Translation: gay people.)

In response, a guy named Mitchell Moore, who owns Campbell’s Bakery, started an anti-discrimination campaign, and from the looks of it, he and many other business owners are having some fun with it.

Initially, the campaign created a large window decal proclaiming “We don’t discriminate: If you’re buying, we’re selling.” The decal proved popular with Mississippi businesspeople who remembered that they were in business. Now, Moore has produced a tongue-in-cheek “potential Campbell’s customer survey,” an online list of yes-or-no questions, complete with Biblical references:

Unbelievable as it may seem, some people took the survey literally–prompting Mr. Moore to post the following message to the Bakery’s Facebook page:

The “Potential Customer Questionnaire” is just a spoof folks. There are some people saying that my bakery shouldn’t serve certain people. I think that is RIDICULOUS. We are a business open to the public. The Public includes a TON of people I disagree with. If I only limited selling to people who aren’t sinners I couldn’t even eat my own food. We will sell our product to the public, to sinners, to people we disagree with, to anyone who loves Made From Scratch goods and wants to buy them. That is what we are in business to do.

Wow. Someone who knows the difference between a business and and a church, and actually wants to encourage people to buy his goods! Who’d have thought?

If they aren’t careful, Mr. Moore and his fellow campaigners will give Mississippi a good name.

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Tolerance

I don’t really like the word “tolerance.” Toleration suggests putting up with something that is substandard or otherwise unfortunate in the interests of civil peace. I prefer something more along the lines of “live and let live.” You do your thing, I do mine. Neither of us may approve of the other’s choices, but we respect our mutual right to differ.

My distaste for the word aside, I found it fascinating that The Heritage Foundation–that once-respectable, currently rabid source of right-wing “policy” positions–has announced its approval of a recent proposal out of Idaho, citing it as an example of “tolerance.”

Rep. Raúl Labrador of Idaho has proposed a new bill that would protect “religious liberty” by issuing licenses to discriminate against gay people. (I know that’s bizarre, but work with me here, people!)  The “logic” of this measure is simple, if daft. Because evidently not being able to discriminate against gay people does discriminate against Christians, the bill provides that there would be no adverse consequences for any organization, business or individual who refuses to recognize same-sex marriage. The text reads as follows:

“The Federal Government shall not take an adverse action against a person, on the basis that such person acts in accordance with a religious belief that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.”

Under that language, businesses could refuse benefits to same-sex partners, hospitals could refuse visitation rights, landlords could refuse to rent to gay couples, and pretty much anyone at all could refuse services to LGBT people. Note too that this language isn’t intended to reinforce already robust Free Exercise protections that exempt churches and many religious organizations from compliance with civil rights laws. This language is far broader.

Why do I think that if they could get away with it, these proponents of “religious liberty” would grant a similar “license” to people whose religious beliefs included a distaste for Jews or blacks or Muslims?

In this profoundly upside-down view, after all, any and all anti-discrimination laws can be seen as invasions of my civil liberties. How dare the government tell me I can’t pick on people my religion tells me to dislike?

In what alternate universe is official government approval of  discrimination “tolerance”?

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