Sunday, December 22, 2013

Thursday, December 19, 2013

Polygamy comes out of the closet



Kody Brown, center, poses with his wives, from left, Janelle, Christine, Meri, and Robyn
Is Utah’s ban on polygamy unconstitutional? Last week a Federal Court judge ruled that it is, after Kody Brown and his four wives, the stars of the reality TV series Sister Wives, challenged it.

Judge Clark Waddoups, of United States District Court in Utah, struck down provisions of Utah’s bigamy law, which make “religious co-habitation” illegal. Kody Brown, who belongs to the Apostolic United Brethren Church,  an offshoot of the Mormon church, and has four wives and 17 children, welcomed the decision:

“Like thousands of other plural families, we have waited many years for this day. While we know that many people do not approve of plural families, it is our family and based on our beliefs. Just as we respect the personal and religious choices of other families, we hope that in time all of our neighbors and fellow citizens will come to respect our own choices as part of this wonderful country of different faiths and beliefs.”

Judge Waddoup’s ruling will not allow a man to be legally married to several women. He specifically stated that the state still has a right to enforce a ban on multiple marriage licences. But it does allow polygamists to come out of the closet and live without fear of prosecution.
Although Brown v. Buhman is sure to be challenged and could be overturned, it is a milestone in the evolution of modern relationships from monogamous and permanent traditional marriage, to no-fault divorce and serial polygamy, widespread de facto marriage, same-sex marriage and now polygamy.

Most Americans are still deeply hostile towards polygamy so supporters of same-sex marriage constantly argue that the US is not on a slippery-slope to polygamy. Judge Waddoups’s decision, however, makes it very clear that being unpopular or disliked is not a legitimate reason to discriminate against a lifestyle. And, in fact, all the arguments deployed in favour of same-sex marriage work perfectly well for polygamy – and other even more colourful forms of plural marriage.

The judge’s 91-page decision relies on two fundamental ideas expressed in two famous decisions of the US Supreme Court.

The first is that a ban on polygamy is essentially religious discrimination and that heterosexual, monogamous marriage is merely a Christian institution. He grounds this idea on an 1878 case, Reynolds v United States. George Reynolds, the secretary of Mormon leader Brigham Young, had been charged with bigamy. His defence was that his religion obliged him to be married to several women and that his marital arrangements were protected by the First Amendment of the US Constitution. The Supreme Court did not accept this. In a unanimous decision it said, “Polygamy has always been odious among the northern and western nations of Europe, and, until the establishment of the Mormon Church, was almost exclusively a feature of the life of Asiatic and of African people”. In a subsequent decision in 1890, the Court described polygamy as “a return to barbarism” and “contrary to the spirit of Christianity.”

To Judge Waddoups, such words are “unthinkable” in a racially and religiously pluralistic society. There can be no rational basis for a ban on “religious co-habitation”. Society is no longer predominantly Christian and its standards cannot legitimately define relationships.

The second case is Lawrence v. Texas, which ruled in 2003 that homosexual sodomy could not be criminalised because it was protected by a constitutional right to privacy. This has buttressed arguments for same-sex marriage. If the government cannot prohibit homosexual behaviour, how can it prohibit relationships based on that behavior?

Judge Waddoups has simply extended this line of reasoning to polygamous relationships. The attorney representing Kody Brown and his wives, Jonathan Turley, summed this up in the New York Times: “We should fight for privacy as an inclusive concept, benefiting everyone in the same way. Regardless of whether it is a gay or plural relationship, the struggle and the issue remains the same: the right to live your life according to your own values and faith.”

The common thread in Waddoups’s reasoning is that marriage is simply a legal framework which gives public recognition to the affections of adults. Children are just a footnote, an optional extra, in their relationships.

The reality of authentic marriage is quite different: it is centred on children. Marriage deserves to be recognised and protected by the government because the loving care of a father and a mother is the best environment in which to raise children.

A polygamous marriage is superior to a same-sex marriage because both a father and a mother are involved in raising a child. But even if there is no physical, sexual or emotional abuse of the wives or children, it fails to treat them with the dignity that they deserve. Men and women deserve unique and exclusive love as a fundamental aspect of their human dignity. Polygamy introduces division and competition into relationships.

Contrary to what Judge Waddoups contends, the repudiation of polygamy is not a uniquely Christian idea. It is based on historical experience and even on the finding of social science. Although polygamy a fact of life in many societies, the ideal relationship has always been between one man and one woman. Christianity merely ratifies this and places it within its own theological framework.

Is this bracket creep from same-sex marriage? No, it’s bracket creep from the idea that every kind of sexual expression deserves government protection so long as no one is physically harmed. As Justice Kennedy wrote in another famous case about sexuality: “At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.”

But as support for same-sex marriage grows, the twin notions that Christian morality has no rational basis and that any non-abusive sexual relationship is legitimate will take deeper root. Polygamy is obviously the first cab off the rank, because there are thousands of polygamous families belonging to offshoots of the Mormon Church. As the number of Muslims grows, some are certain to demand the right to polygamous marriage.

One person who must feel more than a little satisfaction at Brown v. Buhman is US Supreme Court Justice Scalia. In his dissent to Lawrence v. Texas, he declared that the majority opinion “effectively decrees the end of all morals legislation” because if “the promotion of majoritarian sexual morality is not even a legitimate state interest, none of the above- mentioned laws [against fornication, bigamy, adultery, adult incest, bestiality, and obscenity] can survive rational basis review”.

Justice Scalia has often been ridiculed for his forthright comment. But Judge Waddoups has proved him right.

Michael Cook is editor of MercatorNet. 

This article is published and was originally posted here by Michael Cook and MercatorNet.com under a Creative Commons licence. You may republish it or translate it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation. Commercial media must contact them for permission and fees. Some articles on this site are published under different terms.
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Saturday, December 14, 2013

Belgian Senate approves child euthanasia

Belgian Senate approves child euthanasia

The outcome was expected, but overseas observers were astonished at the margin of victory. By a vote of 50 to 17, the Belgian Senate has approved euthanasia for children. When the bill finally passes – which now seems quite certain – there will be no age limit for choosing to die at the hands of Belgian doctor. The next step is a vote in the lower house, which will probably take place in May.

The conditions for euthanasia are vague. Children who are under 18 but who are of sound mind can request death if their situation is “medically hopeless” and if they are experiencing “unbearable physical suffering that within the foreseeable future will result in death."

Supporters of the bill have argued that there will only be about 10 or 15 cases each year. They contend that terminally-ill children are already being euthanased and it is better for the practice to be regulated. How will the doctor know if the child is of sound mind? He or she must be examined by a psychiatrist or psychologist. The parents or the legal guardian must also consent.
The debate raises the issue of something that is often taken for granted: is there really an ethical difference between a child and an adult?

In November 16 paediatricians urged lawmakers to approve the legislation in an open letter in the press. "Why deprive minors of this last possibility? Experience shows us that in cases of serious illness and imminent death, minors develop very quickly a great maturity, to the point where they are often better able to reflect and express themselves on life than healthy people."
This seems to be a consistent theme in the Belgian debate. One senator, Louis Ide, a Catholic and a conservative, explained why he voted for the bill in his blog,Gezondheidszorg. He argues that assessing mental competence by calendar age is an archaic standard. “Children” can drive, or can give testimony in divorce cases. The only relevant standard is a capacity to make sound decisions.

However, British barrister and medical ethicist Charles Foster has been especially critical about the issue of informed consent.

“Death, so far as we know, is terribly final. And if you’re opting for death, you need to be sure that you’ve got it right. This demands an understanding of many complex facts (such as prognosis – how your disease or condition is going to pan out – and your therapeutic and palliative options), and an evaluation of their significance. It’s hard for anyone; it’s likely to be impossible for children.

“There’s lots of evidence to show that when we find ourselves in the situations we have most feared (for instance severe disability), we find that those situations are nothing like as unbearable as we anticipated. When we are stripped of much, we value all the more what is left. Try explaining that to a child.”
This article was published originally by Michael Cook and BioEdge.org under a Creative Commons licence. You may republish it or translate it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation. Commercial media must contact them for permission and fees. Some articles on the site are published under different terms.

Friday, December 6, 2013

Sing Sing Sing - 1938 Carnegie Hall

I just heard a local high school jazz band close their performance at  the Festival of Lights in Ave Maria with their rendition of Sing Sing Sing.  They did a good job, but I had to come home and find the great Benny Goodman version, from the extraordinary 1938 Carnegie Hall concert.  Truly one of the greatest jazz performances ever.  If I were doing a time capsule about American culture of the past 100 years, I would have to include this as one of its great moments.

Wednesday, December 4, 2013

More on the Economics of Pope Francis: Two Videos

Two videos on Evangelii Gaudium, with very different perspectives.  Fr. Barron emphasizes the urgency and the central point of the pope's Apostolic Exhortation, not to be too caught up with internecine quarrels when we should be on fire with the joy of the Gospel, as the early Christians were.  Fr. Barron says nothing at all about the most controversial parts of the letter, those about economics.



Samuel Gregg, research director of the Acton Institute, on the other hand, focuses his attention on precisely what Fr. Barron ignores in his commentary, namely Francis's comments about the market.  It is here that the pope seems most naive and uncomprehending.  Not that a pope needs to be an economist, but if he chooses to comment on the nature of markets, the sources of wealth, and how poverty can be overcome, it is good that he know what he is talking about.

If the point is to set aside bickering and join in the urgent task of communicating the joy and the good news of the Gospel, why permit yourself to be diverted into attacks on the one institution that has done vastly more than any other to lift billions of people out of poverty?

Friday, November 29, 2013

On the Economics of Pope Francis's Evangelii Gaudium


Fr. Sirico, president of the Acton Institute for the Study of Religion and Liberty, responds thoughtfully to the views on economics and poverty expressed in Pope Francis's Apostolic Exhortation.  Where do unfettered, unregulated markets even exist and who even advocates them?  On the difference between crony (or state) capitalism, which prevails in Latin America and elsewhere, and real capitalism, see the excellent paper of Jesse Norman, MP, "Conservative Free Markets, and the Case for Real Capitalism." Norman makes the case for real capitalism - "the greatest tool of wealth creation, social advance and economic development ever known" - but says we are living through an age of crony capitalism.

Here's an interesting article from The Atlantic, by someone who's a speed reader or had an advance copy under embargo.

At this Thanksgiving holiday time, we would do well to remember the Pilgrims' experience.  John Stossel points out that Pilgrims, who held property in common, were saved from starvation for two years by Indians. Then Governor Bradford figured out that private property, capitalism, individual ownership of fields, was the solution to having enough food to eat.

Here's a much quoted passage by Blessed John Paul the Great, who has a more nuanced approach, where he endorses capitalism rightly understood.  As Adam Smith argued, free markets are not only key to the wealth of nations.  They also depend on a moral basis that is indispensable - the free market requires and builds certain virtues (honesty, diligence, creativity, responsibility, initiative, responsible risk-taking, prudence, courage, justice and the avoidance of certain vices - cronyism, corruption, bureaucratic interference, etc.  As all the popes from Leo XIII on say, socialism is bad, evil in all its forms; capitalism needs a proper juridical framework and regulation.  So they all opposed "unfettered capitalism" or strong libertarianism and the kind of individualism that leads people into selfishness and ignoring social problems and the plight of the poor and exploited.  They say, socialism NO, capitalism, yes but (the but standing for tendencies to materialism and greed, seeing economic freedom as the only freedom, etc.).

It seems the difference between JP II and Francis lies in the latter's seeing the market as somehow causing poverty instead of being key to eliminating or reducing it, as Governor Bradford came to see.

Here's the much quoted start of para #42 in John Paul II's social encyclical, Centesimus Annus:

42. Returning now to the initial question: can it perhaps be said that, after the failure of Communism, capitalism is the victorious social system, and that capitalism should be the goal of the countries now making efforts to rebuild their economy and society? Is this the model which ought to be proposed to the countries of the Third World which are searching for the path to true economic and civil progress?

The answer is obviously complex. If by "capitalism" is meant an economic system which recognizes the fundamental and positive role of business, the market, private property and the resulting responsibility for the means of production, as well as free human creativity in the economic sector, then the answer is certainly in the affirmative, even though it would perhaps be more appropriate to speak of a "business economy", "market economy" or simply "free economy". But if by "capitalism" is meant a system in which freedom in the economic sector is not circumscribed within a strong juridical framework which places it at the service of human freedom in its totality, and which sees it as a particular aspect of that freedom, the core of which is ethical and religious, then the reply is certainly negative.
Of course, it doesn't help that there seems to be a serious error in the English translation, giving a key passage a slant that is not there in the original.  Fr. Z explains here.

See also this Poverty Cure video on what really helps the poor and what harms them:

Wednesday, November 6, 2013

Rethinking Marriage and Divorce in Scandinavia


Norway rethinks its acceptance of divorce

The News Story - Norway's mission reposition: state says date nights key to good marriage

At least one of the Nordic countries — that paradise of social progressivism — seems to be rethinking its earlier disregard for the institution of marriage.  Solveig Horne, the new Minister for Children, Equality, and Social Inclusion in Norway’s Populist government, recently suggested that to curb a 40% divorce rate, Norwegian married couples should institute “date nights.”

Reports the Guardian, Horne “said the government needed to cut divorce rates – and that encouraging couples to try date nights was a good place to start.”  “It is important to find small pockets of time where parents can be lovers," said Horne, who believes that she may have saved her own marriage through date nights and other similar efforts.

From a nation that has embraced cohabitation as a social norm, such enthusiasm for restoring marriages is surprising — and welcome.  Research indicates that nearby Nordic nations would do well to imitate.

The New Research - Sweden No Paradise for Young Adults
The progressive government of Sweden promises health and well-being, as well as economic security, to all. Yet a study by social scientists in Spain and Sweden finds not all is well in the socialist paradise. Documenting a “deterioration of psychological well-being” among young adults there—a decline related to increased rates of parental divorce—the study establishes that the link between parental divorce in childhood and psychological distress in adulthood remains as robust as it was forty years ago.

Using longitudinal data from two waves (1968 and 2000) of the Swedish Level of Living Survey, Michael Gähler and Anna Garriga compare the impact of parental divorce on the psychological adjustment of 19- to 34-year-olds from two generations of Swedes (the first born between 1934 and 1949; the second between 1966 and 1981). Their findings put to rest the notion—widely advanced among progressive scholars—that as alternative family forms have become more prevalent and accepted, as they are in this European haven, the negative impact of parental divorce on children has faded.

Reviewing their descriptive findings, the researchers found that the occurrence of experiencing parental divorce or separation was four times more likely among the younger cohort of Swedes (21 percent) than the older cohort (5 percent). Likewise, while only one-fourth of the older cohort reported psychological distress as measured with six variables in 1968, nearly one-half (45 percent) of the younger cohort reported such distress in 2000. Stating the obvious, Gähler and Garriga note: “Psychological problems have increased substantially among young Swedes during recent decades.”

Using multivariate analysis, the researchers are able to place the blame for this increased angst squarely where it belongs. Controlling for gender, age, country of origin, and parental education, they established that among respondents of each generation, those who grew up in a broken home were more likely to suffer from emotional problems in adulthood than were peers from an intact family. In the older generation, the risk of emotional pathology ran twice as high among the adult children from broken homes as it did among peers from intact families. In the younger cohort, the relative risk of such pathology fell almost by half among the adult children of broken homes. However, despite this sharp fall in the relative risk, the correlation between family structure and emotional pathology remained statistically significant (p < 0.01) for both age cohorts.

Moreover, a pooled-data analysis revealed no statistically significant reduction in the magnitude of the negative parental-divorce impact on young adults between the generation of 2000 and that of 1968. As the two sociologists write: “Individuals whose parents divorced during the period 1966–1997 do not report a higher psychological well-being as 19- to 34-year-olds, compared to individuals from an intact family background, than do corresponding individuals whose parents divorced during the period 1934–1965.”

Though it may disappoint those who think government programs can level the playing field, the researchers found that the economic disparities between both family types did not lessen between 1968 and 2000, a period when the Swedish welfare system stepped up its income-redistribution efforts. To be sure, respondents from both family types reported less economic hardship in 2000, but the decline among respondents from intact families who reported economic hardship in childhood (from 13 percent to 8 percent) was relatively greater than the decline among respondents from non-intact families (from 31 percent to 21 percent).

Given these outcomes, Gähler and Garriga have every reason to lament the “deterioration of psychological well-being” among young adults in Sweden. Now if only scholars and policymakers in America would do the same, and look to the strengthening of the family—not the welfare state—as the answer.

(Source: Bryce J. Christensen and Robert W. Patterson, “New Research,” The Family in America, Fall 2012, Vol. 26 Number 3. Study: Michael Gähler and Anna Garriga, “Has the Association Between Parental Divorce and Young Adults’ Psychological Problems Changed Over Time? Evidence from Sweden, 1968–2000,” Journal of Family Issues34.6 [June 2013]: 784-808.)
This article has been republished with permission from The Family in America, a publication of The Howard Center. The Howard Center is a MercatorNet partner site.
This article is published by and MercatorNet.com under a Creative Commons licence. You may republish it or translate it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation. Commercial media must contact us for permission and fees. Some articles on this site are published under different terms.
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