The Corner

Douthat, Greenwald, and Marriage

I thought that Ross did a fine job in his column on gay marriage. Glenn Greenwald doesn’t. I normally ignore the guy, but a reader sent me his post and I thought this was an interesting argument for someone on the left to be making. Greenwald writes that Ross’s argument is “radically wrong, and its two principal errors nicely highlight why the case against marriage equality is so misguided.”

First, the mere fact that the State does not use the mandates of law to enforce Principle X does not preclude Principle X from being advocated or even prevailing.  Conversely, the fact that the State recognizes the right of an individual to choose to engage in Act Y does not mean Act Y will be accepted as equal.  There are all sorts of things secular law permits which society nonetheless condemns.  Engaging in racist speech is a fundamental right but widely scorned.  The State is constitutionally required to maintain full neutrality with regard to the relative merits of the various religious sects (and with regard to the question of religion v. non-religion), but certain religions are nonetheless widely respected while others — along with atheism — are stigmatized and marginalized.  Numerous behaviors which secular law permits — excessive drinking, adultery, cigarette smoking, inter-faith and inter-racial marriages, homosexual sex — are viewed negatively by large portions of the population.

Now, I gather that Greenwald is a pretty radical civil libertarian (of the hard leftist variety, of course), but we aren’t talking about his preferences. When he writes that racist speech is a fundamental right that is (and should be) widely scorned, I’m with him. But is it really treated as a fundamental right? What about speech codes? Hate-crimes laws? Similarly, secular law does permit cigarette smoking, but lots of states regulate it and essentially ban it in all public areas. Try smoking in public in California. Try getting a job at some hospitals if you smoke.  Meanwhile, tax dollars are routinely used to stigmatize smoking and excessive drinking. And then there are the countless exhortations in public schools and elsewhere against racist speech and attitudes as well. Whatever the merits of these policies, I don’t see anything like the state neutrality Greenwald is alluding to and he would certainly be livid if the state of California (or the federal government) countenanced public-service advertisements against gay marriage or homosexual behavior (I wouldn’t like it either, for the record) or if government treated gay couples the way it treats smokers (“Do that in the privacy of your own home, but not on the job or near children!”).

Most Popular

White House

The Trivialization of Impeachment

We have a serious governance problem. Our system is based on separation of powers, because liberty depends on preventing any component of the state from accumulating too much authority -- that’s how tyrants are born. For the system to work, the components have to be able to check each other: The federal and ... Read More
U.S.

‘Texodus’ Bodes Badly for Republicans

‘I am a classically trained engineer," says Representative Will Hurd, a Texas Republican, "and I firmly believe in regression to the mean." Applying a concept from statistics to the randomness of today's politics is problematic. In any case, Hurd, 42, is not waiting for the regression of our politics from the ... Read More
Culture

Feminists Have Turned on Pornography

Since the sexual revolution of the 1960s, the feminist movement has sought to condemn traditional sexual ethics as repressive, misogynistic, and intolerant. As the 2010s come to a close, it might be fair to say that mainstream culture has reached the logical endpoint of this philosophy. Whereas older Americans ... Read More
Elections

Put Up or Shut Up on These Accusations, Hillary

Look, one 2016 candidate being prone to wild and baseless accusations is enough. Appearing on Obama campaign manager David Plouffe’s podcast, Hillary Clinton suggested that 2016 Green Party candidate Jill Stein was a “Russian asset,” that Republicans and Russians were promoting the Green Party, and ... Read More
Culture

Not Less Religion, Just Different Religion

The Pew Poll tells us that society is secularizing -- particularly among the young -- and who can deny it? That is one reason that the free expression of religion is under such intense pressure in the West. But it seems to me that we aren't really becoming less religious. Rather, many are merely changing that ... Read More