A Philosopher's Blog

Birkini Ban

Posted in Ethics, Law, Philosophy, Religion by Michael LaBossiere on August 29, 2016

In response to terrorist attacks, some French politicians sprang into action and imposed ordinances aimed at banning the burkini. For those who are not theological fashionistas, a burkini is essentially a more fashionable wet suit intended primarily for Moslem women who want to swim in public while remaining modestly dressed. The burkini is in some ways reminiscent of women’s swimwear of the early 1900s, but far less likely to result in death by drowning. The burkini is also popular with women who want to swim but would prefer to lower their chances of getting skin cancer.

To be a bit more specific about the ban, the ordinances did not name the burkini, but rather forbid bathing attire that is not “appropriate,” that fails to be “respectful of good morals and of secularism,” and does not follow “hygiene and security rules.” There is a certain irony in the fact that being scantily clad on the beach was once considered in the West to be inappropriate and disrespectful of good morals. Now it is claimed that being well covered is not respectful of good morals.

While I am not a legal scholar, the specifications seem rather odd. I would think that appropriate attire that is “respectful of good morals” would be one that covers up the naughty bits—assuming that covering the bits is the right thing to do. While not an expert on hygiene and security, I do not see how a burkini would be any more a threat to hygiene or security than other common swimming attire such as bikinis, speedos, and wet suits. After all, the typically burkini is effectively a wet suit. There is also the fact that Christian nuns who dress conservatively for the beach are not targeted; presumably their attire is in accord with both hygiene and security.

As with France’s 2011 burqa ban, these ordinances seem aimed at creating the impression that a leader is doing something, to distract the masses from real problems and to appeal to religious intolerance and xenophobia. Since women going to swim in a burkini are unlikely to present a threat to public safety, there seems to be no legitimate basis for these ordinances in regards to preventing harm to the public. And this is the only rational moral justification for laws that forbid people from dressing or acting certain ways.

It could be countered that ordinances are actually intended to protect the women from oppression; that it aims to prevent women from being forced to cover up if they do not wish to do so.  While many Westerners probably assume that Moslem women are all forced to cover up, this is not the case. Some women apparently do this by choice and regard the right to do so as protected by the Western notion of freedom. While some might be skeptical about how free the choice is, it is reasonable to think that some women would, in fact, freely decide to cover up in this way. After all, if some women are willing to show lots of skin in public, then it hardly seems unusual that some women would rather show far less. There are certainly women who prefer modest attire and women who willingly embrace religious traditions. For example, some nuns who visit beaches dress very modestly; but they seem to do some from choice. Presumably the same can be true of Moslem women.

Some might argue that women who cover up too much and those that cover up too little are all victims of male oppression and are not really making free choices. While it is reasonable to believe that social and cultural factors impact dressing behavior, it seems unreasonably to claim that all these women are incapable of choice and are mere victims of the patriarchy. In any case, to force someone to dress or not dress a certain way because of some ideology about the patriarchy would also be oppressive.

It might also be argued that just as there are laws against being naked in public, there should also be laws against being improperly over-covered on the beach. After all, a woman would (probably) get in trouble for walking the streets of France with only her face, feet and hands covered, so why should a woman be allowed to go to the beach with only her face, hands and feet exposed? Both, it could be argued, create public distractions and violate the general sense of appropriate dress.

While this might have some appeal, such ordinances would need to applied in a consistent manner. As such, if a Christian woman were spotted walking the beach in jeans and a shirt, she would have to be removed from the beach or forced to strip. The obvious counter is that the ordinances are not used to target anyone but Moslem women in birkinis, although the secular part of the ordinances would allow targeting any attire with a non-secular connection. This would, obviously, ban nuns from the beach if they wore religiously linked attire, such as modest swimsuits.

This sort of ban would be a clear attack on religious freedom, which is problematic. While I am not particularly religious, I do recognize the importance of the freedom of faith and its expression. While there can be legitimate grounds for limiting such expressions (like banning human sacrifices), when a practice does not create harm, then there seems to be no real ground for banning it. As such, the ban in France seems to be completely unjustified and also an infringement of both the freedom of choice and the freedom of religion.

While some might point out that some Muslim countries do not allow such freedoms, my easy and obvious reply is that these countries are in the wrong and we should certainly not want to be like them. Two wrongs do not, obviously, make a right.

Lastly, it could be argued that the bikini is a very serious matter—the bikini is rejection of French culture and an explicit statement in support of Islam against France. The challenge is, of course, to provide evidence that this is the intention behind wearing the bikini. While attire can be used to make a statement, thinking that wearing a birkini must be an attack on France is on par with thinking that a person who eats a Big Mac or hummus in public in France is also attacking France. Even if a person is wearing the birkini as a statement, then it would seem to fall under freedom of expression. While it might offend some, offense is not grounds for imposing on this freedom.

While there is some appeal to the idea that people should assimilate into the culture, there is the obvious question of why one view of the culture should be granted hegemony over everything. That is, why the burkini cannot be as accepted as the bikini, why Islam cannot be as accepted as Methodism. Going back to the food analogy, it would be unreasonable to require French citizens to only eat food that is regarded as properly French and to see people who eat other food as a threat.

In closing, the birkini bans are unwarranted and morally unacceptable.

 

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Muslims, Bigotry & History

Posted in Religion by Michael LaBossiere on September 28, 2015

English: John F. Kennedy, former President of ...

In the September of 2015 Republican presidential candidate Ben Carson took some heat for his remarks regarding Muslims. His fellow candidate, Donald Trump, has also faced some criticism for his persistence in feeding the suspicions that President Obama is a secret Muslim. Some of the fine folks at Fox and other conservative pundits have an established history of what some critics regard as anti-Muslim bigotry.

As might be suspected, those accused of such bigotry respond with claims that they are not bigots—they are merely telling the truth about Islam. Ben Carson echoed a common anti-Muslim claim when he asserted that a Muslim should not be President because “Muslims feel that their religion is very much a part of your public life and what you do as a public official, and that’s inconsistent with our principles and our Constitution.” There are also the stock claims that nearly all Muslims wish to impose Sharia law on America, that Islam (unlike any other faith) cannot become a part of American society, and that taqiyya allows Muslims a license to lie to achieve their (nefarious) goals. The assertion about taqiyya is especially useful—any attempt by Muslims to refute these accusations can be dismissed as falling under taqiyya.

It is not always clear if the bigotry expressed against Muslims is “honest” bigotry (that is, the person really believes what he says) or if it is an attempt at political manipulation. While “honest” bigotry is bad enough, feeding the fires of hatred for political gain is perhaps even worse. This sort of bigotry in politics is, obviously, nothing new. In fact, there is a historical cycle of bigotry.

Though I am not a Mormon, in 2011 I wrote a defense of Mitt Romney and Mormonism against accusations that Mormonism is a cult. I have also written in defense of the claim that Mormonism is a form of Christianity. While the religious bigotry against Romney was not very broad in scope, it was present and is similar to the bigotry in play against Muslims today.

Perhaps the best known previous example of bigotry against a religion in America is the anti-Catholicism that was rampant before Kennedy became President. Interestingly, the accusations against American Catholics are mirrored in some of the current accusations against American Muslims—that a Catholic politician would be controlled by an outside religious power, that a Catholic politician would impose his religious rules on America and so on. As is now evident, these accusations proved baseless and now Catholics are accepted as “real” Americans, fit for holding public office. In fact, a significant percentage of Congress is Catholic. Given that the accusations against Catholicism turned out to be untrue, it seems reasonable to consider that the same accusations against Islam are also untrue.

The bigotry against Muslims has also been compared to the mass internment of Japanese Americans during WWII. In an exchange with a questioner who asked “when can we get rid of them?” (“them” being Muslims), Trump responded that he will “looking at that and plenty of other things.” In the case of Japanese Americans, the fear was that they would serve as spies  and saboteurs for Japan, despite being American citizens. The reality was, of course, that Japanese Americans served America just as loyally as German Americans and Italian Americans. The bigotry against Muslims seems to be rather similar to the same bigotry that led to “getting rid of” Japanese Americans. I would hope that what we learned as a country from the injustice against the Japanese Americans would make any decent American ashamed of talk of getting rid of American citizens.

While it is possible that Islam is the one religion that cannot become part of American society, history shows that claims that seem to be bigotry generally turn out to be just that. As such, it seems rather reasonable to regard the accusations against American Muslims as bigotry. This is not to make the absurd claim that every single American Muslim is an ideal, law abiding citizen—just a refutation of unthinking bigotry.

 

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Is Baking a Gay Wedding Cake an Endorsement of Same Sex Marriage?

Posted in Ethics, Law, Philosophy, Politics, Religion by Michael LaBossiere on April 10, 2015

Indiana’s version of the Religious Freedom Restoration Act set off a firestorm of controversy. Opponents of the law contended that it would legalize discrimination while some proponents argued that it would do no such thing. Some proponents contended that it would allow people and businesses to refuse certain services to homosexuals, but that this should not be considered discrimination but a matter of freedom of expression. This approach is both interesting and well worth considering.

In the United States, freedom of expression is a legally protected right. More importantly, from a philosophical perspective, it is also a well-supported moral right. As such, an appeal to freedom of expression can be a useful defense.

In the case of the Religious Freedom Restoration Act, the argument from freedom of expression would certainly not work in regards to justifying general discrimination in regards to goods and services. For example, the owner of a pizzeria would be hard pressed to claim that not being allowed to refuse service to a person just because she is gay violates his freedom of expression. However, freedom of expression might be applicable in certain cases.

While the freedom of expression is typically presented as a right against being silenced, it also provides the right not to be compelled to express views (specifically views that one does not hold or that one opposes). The right to not be compelled in one’s expression would thus seem to give a person a moral (and a legal) right to refuse certain services.

This line of reasoning does have considerable appeal. For example, I operate a writing business—I write books to be sold and I do freelance work. I obviously have no moral right to refuse business from someone just because she is gay, Jewish, Christian, or a non-runner. However, my writing is clearly an act of expression. As such, my freedom of expression grants me a clear moral right to refuse to write a tract endorsing Nazism or one advocating hatred of Christians. I also design book covers and do some graphic work (graphic as in visual, not as in adult content). Since these are clearly expressions, I would have the moral right to refuse to do a book cover for book expressing ideas I regard as morally wrong, such as eliminating religious freedom in favor of enforced atheism. This is because the creation of such work entails a clear endorsement and expression of the ideas. If I write a tract in favor of white supremacy, I am unambiguously expressing my support of the idea. If I knowingly do a cover for a book on white supremacy, then it would be reasonable to infer I agreed with the ideas. In such cases, an appeal to freedom of expression would seem quite relevant and reasonable.

Obviously, an author or cover designer who believes that her religion condemns same-sex marriage as wickedness would also be protected by the freedom of expression from being required to express views she does not hold. If a LGBT group approached her and offered her a fat stack of cash to pen a piece in favor of gay marriage, she would have the moral right to reject their offer. After all, they have no moral right to expect her to express views she does not hold, even for fat stacks of cash.

In contrast, I could not use freedom of expression as a reason to not sell one of my books or works to a person. For example, freedom of expression does not grant me the right to forbid Amazon from selling my books to Nazis, racists, intolerant atheists, or non-runners. After all, selling a book to a person is not an endorsement of that person’s ideas. I do not endorse intolerant atheism just because an intolerant atheist can buy my book.

Likewise, the author who believes her religion condemns same-sex marriage as wickedness could not use freedom of expression to demand that Amazon not sell her books to homosexuals. While buying a book might suggest agreement with the author (but it obviously does not entail it—I have plenty of philosophy books whose contents I regard as being in error), it does not suggest that the author is endorsing the purchaser. So, if a gay person buys the author’s anti-same-sex marriage book, it does not mean that the author is endorsing same-sex marriage.

Not surprisingly, no one has claimed that religious freedom acts are needed to protect Christian writers from being forced to write pro-gay works. However, it has been argued that the acts are needed to protect the freedom of expression for people such as caterers, bakers, and photographers.

The argument is that catering a wedding, baking a wedding cake, doing a wedding or engagement photo shoot and similar things are expressions and are thus covered by the right to freedom of expression.

Obviously enough, if these activities are expressions analogous to the paradigm cases of speech and writing, then the freedom of expression does protect them. As such, the key question is whether or not such actions are acts of expression such that engaging in them in relation to a same-sex wedding would express an endorsement of same-sex marriage.

To get the obvious out of the way, refusing to cater, photograph or bake a cake for a wedding because the people involved were Jewish, black, Christian, white, or Canadian would clearly be discrimination. If the person refusing to do so said that baking a cake for a Jew endorsed Judaism, that catering a black wedding endorsed blackness, or that photographing Canadians being married was an endorsement of Canada, she would be regarded as either joking or crazy.  But perhaps a case could be made that catering, baking and photographing are expressions of agreement or endorsement.

On the face of it, catering food for a wedding would not seem to be expressing approval or agreement with the wedding, regardless of what sort of wedding it might be. Selling someone food would seem to be like selling them a book—their buying it says nothing about what I endorse or believe. When the pizza delivery person arrives with a pizza when I am playing Pathfinder, I do not say “aha, Dominoes endorses role-playing games!” After all, they are just selling me pizza.

In the case of the wedding cake, it could be argued that it is a specific sort of cake and creating one does express an endorsement. By this reasoning, a birthday cake would entail an endorsement of the person’s birth and continued existence, a congratulations cake would entail an endorsement of that person’s achievement and so on for all the various cakes.  This, obviously enough, seems implausible. Making me a birthday cake does not show that Publix endorses my birth or continued existence. They are just selling me a cake. Likewise, selling a person a wedding cake does not entail approval of the wedding. Obviously enough, if a baker sells a wedding cake to a person who has committed adultery, this does not entail her approval of adultery.

It could be argued that bakers have the right to refuse a specific design or message on the cake. For example, a Jewish baker could claim that he has the right to refuse to create a Nazi cake with swastikas and Nazi slogans. This seems reasonable—a baker, like a writer, should not be compelled to create content she does not wish to express. Given this principle, a baker could refuse to bake a sexually explicit wedding cake or one festooned with gay pride slogans and condemnations of straight “breeders.” However, creating a plain wedding cake is not the expression of ideas and would be on par with selling a person a book rather than being forced to write specific content. By analogy, I cannot refuse to sell a book to a person because he is an intolerant atheist, but I can refuse contract to write in support of that view.

Since photography is a form of art (at least in some cases), it is certainly reasonable to regard it is a form of artistic expression. On this ground it is reasonable to accept that photography is protected by the freedom of expression. The key issue here is whether taking pictures commercially is like writing words—that is, photographing something is an endorsement of the activity or if it is like selling a book, which is merely selling a product and not an endorsement.

On the face of it, commercial photography would seem to be like selling a book. A person who is paid to cover a war or a disaster is not taken to be endorsing the war or the disaster. One would not say that because a person took a photo of a soldier shooting a civilian that he endorse that activity. Likewise, a person photographing a wedding is not endorsing the wedding—she is merely recording the event. For money.

It might be countered that a wedding photographer is different from other commercial photographers—she is involved in the process and her involvement is an expression of approval. But, of course, commercial photographers who take photos at sports events, political events, protests and such are also involved in the process—they are there, taking pictures. However, a photographer hired to take pictures of Hilary Clinton does not thus express her support (or vote) for Hilary. She is just taking pictures.  Fox News, after all, takes video and photos of Hilary Clinton, but they do not thereby endorse Hilary. As such, the freedom of expression would not seem to grant a commercial photographer the right to refuse to photograph a same-sex wedding on the basis of an appeal to freedom of expression since taking photos does not involve endorsing the subject.

That said, another approach would be to argue that while taking a photo of an event does not entail endorsement of the event, an artist cannot be compelled to create a work of art that she does not wish to create. Since a photograph is art, a wedding photographer cannot be compelled to create an image of a same-sex wedding, just as a writer cannot be justly compelled to write a certain sort of book. This certainly has considerable appeal. After all, a photographer would seem to have every right to refuse to take photos of a wedding orgy or even of a tastefully nude wedding on the basis of the content.

Of course, this would also seem to allow commercial wedding photographers to refuse to take photos of blacks, Christians, Jews, or anything on the grounds that she does not want to create, for example, a photographic work including crosses or black people. So, consistency would seem to require that if wedding photographers can refuse to serve gay clients on the basis of artistic content, then a wedding photographer could refuse anyone on the same grounds. Thus, wedding photographers should be permitted to have “whites only”, “straights only” or “gays only” signs on their business. For artistic reasons, of course. This does seem a bit problematic in regards to commercial wedding photographers.

 

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Facts & Sincerely Held Beliefs

Posted in Business, Ethics, Law, Philosophy, Politics, Religion by Michael LaBossiere on August 1, 2014

The Hobby Lobby decision by the Supreme Court of the United States raised numerous issues including a rather interesting one regarding beliefs and facts. Oversimplifying things for the sake of brevity, the owners of Hobby Lobby claim to be opposed to abortion on religious grounds and they claim to believe that certain forms of birth control involve abortion. As such, they contended that providing insurance to their employees that covered what they regard as abortion would violate their religious beliefs and impose an unreasonable burden on them.

As I tell my students in my ethics class, a moral issue often involves three main components. The first consists of the relevant facts. Put very simply, a factual matter is such that the claim being made is true or false regardless of how we think or feel about its truth.  For example, the mass of an object is a factual matter. Factual matters can become rather complicated by the fact that one might need to sort out the key concepts before determining the truth of a factual claim. As such, it should be no surprise that the second consists of the relevant concepts. Sorting out this aspect of a moral dispute involves arguing in defense of the concepts—that is, presenting and defending definitions of the key terms. In the Hobby Lobby case, one of the key concepts is that of abortion. As noted above, the owners of Hobby Lobby claim that certain birth control methods are actually methods of abortion. This seems to be because the Hobby Lobby owners believe that life begins at conception and they seem to reject the notion that pregnancy begins at implantation.  This is, obviously enough, a rather important matter in regards to these methods being abortion or birth control.

If pregnancy begins at implantation (which is the scientific consensus), then the methods in question (specifically those which prevent implantation) do not involve abortion.  As such, the owners of Hobby Lobby would hold factual incorrect beliefs regarding these methods of birth control and this would undercut their moral position. After all, if those methods are not abortion and their moral opposition is based on a factual error, their moral opposition would thus be unfounded.

However, if pregnancy begins at conception (which is not the scientific consensus), then these methods do involve abortion. In this case, the owners of Hobby Lobby would be factually correct. This still leaves open the question of whether their moral claims are correct or not. After all, a person can be right about the facts but be wrong about the morality, which leads to the third component, that of morality.

Obviously enough, a moral issue has a moral component. In this case, the moral issue is whether or not abortion is morally wrong. The owners of Hobby Lobby claim to believe this—but belief does not entail that a claim is true. After all, people sincerely believe false claims quite often. Fortunately for the owners of Hobby Lobby, they did not have to even argue that their moral beliefs are correct or even plausible—all that was required was establishing that their religious beliefs are sincere—that is, they believe what they claim to believe. Given the context, this is not unreasonable—after all, the issue addressed by the court was not whether abortion is morally wrong or not.

The owners of Hobby Lobby did not even need to argue in defense of their factual claims and their concepts—that is, they did not need to make the case that pregnancy occurs at conception and that the methods in question cause abortions rather than serving as birth control (of the non-abortion sort).   Apparently, they merely needed to establish that they believe what they claim to believe. This raises an interesting general issue that goes beyond the specific Hobby Lobby case: should facts matter when considering cases involving value beliefs (such as religious or moral beliefs)?

On the one hand, it can be argued that the facts should not matter—at least in the sense of requiring that the beliefs in question be proven. This can be based on practicality: religious beliefs would be extremely difficult to prove and this would impose too great a burden on those bringing legal cases involving their values. Also, cases about belief are (as others have argued) not about the truth of the beliefs but about the right to hold said beliefs.

On the other hand, it can be argued that facts do matter—especially when the beliefs have an impact on other people. Returning to the case of Hobby Lobby, the idea is that the owners should not be required to follow the law because they are opposed to abortion and they believe that the birth control methods cause abortions. If it is claimed that it does not matter whether the owners are right or wrong about their factual claims, this establishes the general principle that the truth of the claims does not matter. This raises the question of how far this principle should extend.

In the Hobby Lobby case, to say that the facts are not relevant might not seem so serious. After all, the question of when life begins is one that is disputed and the Hobby Lobby owners could engage in a conceptual dispute over the definition of “abortion” in a plausible way. But, suppose that the principle that the facts do not matter, only the sincerity. This would entail that if the owners of Hobby Lobby claimed that paying women the same as men caused abortions, then all that would matter would be the sincerity of their beliefs. The fact that such a claim would be obviously false and absurd would not matter—after all, once the principle that truth is irrelevant is accepted, then truth is irrelevant. As long as the owners could show they sincerely believed that equal pay for women would cause abortions, then the actual facts would not matter. This certainly seems to set a problematic precedent.

 

 

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Splitting Marriage: Love Unions

Posted in Philosophy, Relationships/Dating by Michael LaBossiere on July 26, 2013
Author: Bagande

 (Photo credit: Wikipedia)

In previous essays I argued in favor of splitting marriage by proposing theological unions (for the religious folks) and civil unions (to cover the legal contract aspect of marriage). However, there does seem to be one aspect of marriage left out, namely the matter of love.

On the one hand, it is sensible to not include the notion of love in marriage. After all, a couple that is getting married does not have to prove that they are in love. People who do not love each other can get married and people who do love each other (in the romantic sense) need not get married.

On the other hand, the notion of marriage for love does have a certain romantic appeal—fueled by literature and movies (if not reality). As such, it seems worthwhile to include a third type of marriage, namely the love union. While the romantic image is appealing, there is also a more substantive basis for the love union.

As noted in another essay, the theological union was proposed to allow people to exercise both freedom of religion and freedom from religion. As was noted in the essay after that, the civil union was proposed to handle the legal aspects of marriage. In the case of the love union, the purpose is to allow couples to create their own relationship bond (and rules) apart from that of religion and the state. That is, this is a relationship defined entirely by the couple. While the couple might involve others and have a ceremony, a love union would not be a theological union and would have no legal status.  That is, the rules are only enforced (or not) by the couple. Naturally, a love union can be combined with the other types. A couple could, for example, get a theological union at their mosque, get a civil union from the state, and then have an event with friends to announce their love union.

Given that the love union has no theological status or legal status, it might be wondered what it would actually do. The answer is, of course, that this would vary from union to union. However, the general idea is that the couple would define the aspects of their relationship that are not covered by theology (which might be all of it) and do not fall under the dominion of the state. This sort of definition might be something as simple as a declaration of eternal love to a fairly complex discussion of the nature of the relationship in terms of rights, expectations and responsibilities. While not every couple will want to establish a love union, this does seem like a good idea.

Love is, apparently, the least important aspect of marriage when it comes to the political debates over the matter. This might be a reflection of the reality of marriage (that it is about religion and legal rights) or a sign of misplaced values. Because of this, I thought I would at least give love a chance.

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When is Religious Freedom Not Religious Freedom?

Posted in Ethics, Philosophy, Politics by Michael LaBossiere on September 26, 2012
U.S Postage Stamp, 1957

(Photo credit: Wikipedia)

When it is not, of course.

As part of the systematic attack on public education in Florida, Proposition 8 has been put on the ballot. While it is called the “religious freedom amendment” the reality is rather different. After all, religious freedom means the freedom to practice one’s faith without interference by the state and is already guaranteed by both the United States constitution and the Florida state constitution.  What the amendment explicitly does is remove the prohibition against funding sectarian institutions with public money. The exact wording is as follows:

Proposing an amendment to the State Constitution providing that no individual or entity may be denied, on the basis of religious identity or belief, governmental benefits, funding, or other support, except as required by the First Amendment of the United States Constitution, and deleting the prohibition against using revenues from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.

If the proposition passes, the Florida constitution (section 3 Article I) will read:

There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace, or safety. No individual or entity may be discriminated against or barred from receiving funding on the basis of religious identity or belief. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.

While the proposition is being sold as being a matter of religious freedom, the reality of the matter is clearly revealed by Florida Representative Stephen Precourt. He regards education as a marketplace and contends that “they shouldn’t be telling a group that just because you’re faith-based organization you shouldn’t be participating in the market.”

I am, of course, for religious freedom. However, religious freedom is already adequately protecting by the existing laws and this proposition does nothing to expand religious freedom. Rather, as Precourt indicates, its main purpose seems to be to allow public money to fund private religious schools. Naturally, it also would allow public money to be given to any sectarian institution. On the face of it, this would allow public funds to be used for the construction of a new church, synagogue or mosque.

I am opposed to this on the following grounds.

First, the people of Florida have repeatedly been told that the state budget must be cut because of the lack of funds. For example, the public education system has seen widespread and deep cuts. It would certainly be inconsistent to be cutting the budget in so many areas while proposing what amounts to public funding for sectarian groups. Naturally, the proposition does not specify that money will be provided, but it would allow sectarian groups access to public money that is apparently in such short supply. Given the existing budget cuts, this is hardly something we can afford.

Second, as Precourt has indicated, the actual purpose of the proposition is to allow public money to fund private sectarian schools. It seems reasonable to infer that there are already plans to direct education funds from public schools to these private sectarian schools. If this occurs, this would do additional damage to the already weakened public education system. This would, of course, be detrimental to society. After all, as Jefferson and other founders argued, a public education system is a foundation of democracy.

Third, there is the obvious concern that certain sectarian groups will be able to avail themselves of the opportunity afforded by this proposition while others will not. For example, consider the chances that a Christian school will be funded and then consider the chances that a Islamic school or an atheist school will be funded. As such, there are legitimate concerns that the proposition would result in the state supporting specific sectarian groups at the expense of others, which would certainly be a problem.

Proponents of the proposition contend that it is necessary because sectarian organizations are currently being discriminated against on the basis of their being sectarian rather than secular. I have two responses.

First, sectarian organizations currently receive state funds to support their secular public programs. As such, when sectarian groups are engaged in the secular sector, they are as entitled as any other group to public funding. It hardly seems unjust or discrimination to not fund the specific sectarian operations that are not in the secular and public realm.

Second, sectarian groups do get treated with discrimination. However, it is discrimination in their favor. To be specific, sectarian organizations benefit from being tax exempt, at least in certain areas. This, it could be argued, would counter any alleged discrimination when it comes to public funds. After all, if sectarian organizations are content to not pay taxes in regards to the sectarian aspects of their operations, then they should hardly expect the state to help fund those sectarian operations.

As such, I am voting against proposition 8 and I would recommend that you do so as well. Assuming, of course, you can vote in Florida.

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The Church & The State II: Discrimination

Posted in Ethics, Law, Metaphysics, Philosophy, Religion by Michael LaBossiere on February 15, 2012
English: Schopfheim: Catholic Church Deutsch: ...

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In the United States, the American’s with Disabilities Act makes it illegal to discriminate against people based on their disabilities. Unless, apparently, the institution doing the discrimination is a church.

A disabled woman who was teaching at a religious school was fired and filed a claim under this act. The rather clever reply by the lawyers was to rely on the ministerial exception clause.

This clause was originally intended to grant religious groups the liberty to discriminate in their hiring (and firing) practices so as to allow them to act in accord with the doctrines of their faith.  To use the obvious example, the Catholic Church is allowed an exemption to practice gender discrimination based on its doctrine that only men can be priests.

On the face of it, it seems blindingly obvious that this exception was not intended to allow religious groups to simply fire people with impunity in regards to the anti-discrimination laws. While the application of the law is certainly a matter of interest, what I find more interesting is the exception itself.

On the one hand, this exception does have a certain appeal. After all, history shows that laws can be used to oppress or otherwise mistreat religious groups and one way to afford protection for religious freedom is to provide such “escape mechanisms” in laws that might be misused. Given that freedom of belief and freedom from oppression seem to be legitimate and worthwhile freedoms, this sort of exception has some merit.

On the other hand, there is the obvious concern that the mere fact that something is a religious belief should not be grounds for allowing an exception to the general law. In the case of this specific law, if churches can simply apply the exception when they fire people, churches would be effectively immune to anti-discrimination laws. This would allow them the freedom to engage in actions that seem to clearly be immoral (such as firing people on the basis of age, gender, sexual orientation, ethnicity or any other quality) and otherwise illegal merely because they are religious groups.

It might be countered that religious groups must have the liberty to hire and fire as they wish, otherwise religious freedom is in danger.  However, handing religious groups a license to discriminate hardly seems to be a necessary step in preserving religious liberty and, as such, this sort of broad exception seems to be morally unjustified.

There is also the obvious concern that while the right to religious freedom is worth considering, there are other rights as well. In the case of hiring and firing, it would seem that people have the moral (and legal) right not to be discriminated against and it does not seem obvious that the right to religious freedom should simply trump other rights.

For example, suppose a devout group of Thugee established a church of Kali in the United States and argued that religious freedom gave them the right to be exempt from the laws forbidding murder and theft. This, obviously enough, would be regarded as absurd. After all, the right not to be robbed and murdered outweighs the right of religious freedom.

As another example, suppose that a religious group that practiced polygamy claimed an exception based on religious views. This would, obviously enough, be denied. In fact, polygamy is illegal (although apparently sometimes tolerated). As such, religious freedom would once again not trump the law.

As a third example, suppose that a religious group wanted to hire or fire people in ways that violated  anti-discrimination laws. This, oddly enough, seems to be okay. However, the obvious question must be asked: why should religious groups be given an exception here? The answer seems to be that they should not, unless we wish to allow them the other exceptions.

Another point of concern is, obviously enough, why religious groups should get such exceptions. After all, there are other groups that hold discriminatory views (racist groups, for example) and it would seem to be, well, discrimination not to allow these groups to discriminate based on their beliefs. After all, these people are no doubt as sincere and devoted in their beliefs as religious folk and it seems rather difficult to prove that their is a magical something about religious beliefs that entitle religious groups to special exemptions that are denied to other groups.

Of course, if a religious group could prove that they have got it right when it comes to their desired exemptions, then that would be another matter. For example, if Catholics could prove that just as only women can biologically be mothers only men can be metaphysically priests, then they would be justly exempt from the law regarding gender discrimination in the case of priests.

Doing this should be easy enough. When a religious group claims a special exemption, all that needs to be done is for their deity to show up and sign the appropriate form after establishing his/her/its divine identity. For the religious groups who have the true view, this should present no problem. Naturally, groups whose deity fails to make an appearance (or that fails to send a suitably divine or infernal non-human agent, such as an angel) must be regarded as having gotten things wrong and thus would not be entitled to an exception. After all, a group that cannot prove that its  exemption from the law is justified should not be allowed that exemption. Obviously, referring to made up beliefs does not count as justification.

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War on Religion?

Posted in Philosophy, Religion by Michael LaBossiere on December 13, 2011
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Ricky Perry recently claimed that Obama is attacking religion. Fox News is already revving up its yearly war on Christmas fantasy. However, there do seem to be actual attacks on religion. One obvious example is the attempt to convince voters that Mormonism is a cult. Another example is FFA’s movement to get advertisers to pull advertisements from All American Muslim.

America is based on a principle of religious tolerance and, as such, these sorts of things should be condemned as going against one of our core principles. Naturally, the right to free speech allows people to say such things and for companies to remove their advertisements. But there is much to be said for being civil with faiths that differ from one’s own and also in not yielding to religious bigotry when making business decisions.

While these matters are well worth considering, the United States is still a very tolerant country in regards to religion. While there have been attempts to equate Islam with terrorism and thus infringe on religious freedoms in the name of security, we have largely resisted this urge. Other countries have not been so restrained in their treatment of non-dominant faiths and this, of course, includes the very real mistreatment of Christians in certain parts of the world. This should not, of course, be taken to justify abandoning our hard earned tolerance. Rather, it should show us exactly why the Christian majority in America should treat the religious minorities as they would wish to be treated if they were the minority.

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Why the Obsession With Homosexuality?

Posted in Ethics, Philosophy, Politics by Michael LaBossiere on October 20, 2010
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While it might be an exaggeration to say that some story involving the matter of homosexuality appears in the American news everyday, it certainly seems to be a popular theme. The usual pattern is that someone will make a remark that is offensive to homosexuals and this will open the floodgates for responses and commentary. Obviously, I am guilty of being caught up in the flood. Mainly I am curious about what seems to be an obsession with the subject.

The easy and obvious answer is that being critical of homosexuality is an easy way for politicians on the right to establish their conservative bona fides. Of course, this sometimes takes a problematic turn for some allegedly anti-gay folks when there is an unfortunate boner find.  On the left, leaping to criticize such remarks is an easy way to polish those liberal bona fides. As such, people obsess about this matter because it is an easy way to score…political points, that is.

Another obvious reason is that it is not uncommon for religious folk to regard homosexuality as  sin, hence the grounds for concern. However, religious texts like the bible are chock full of sins that people are not very concerned about (such as usury and eating unclean foods). As such, the religious answer only pushes the question back since it is sensible to ask why religious folk are often so very concerned about homosexuality. After all, it is not even in the top ten list of what to do/not do (unless one is engaging in adultery).

The easy and not very helpful answer is that people are very interested in sex in general and hence they would be very interested in and critical of homosexuality. Perhaps this arises from curiosity that transforms to guilt and then anger (“I wonder what that would be like…gosh, I feel wicked for thinking that…damn fags!”) in some cases. Perhaps it is a lack of confidence in one’s own sexuality. Or perhaps it is simply a classic case of certain people being afraid of what is different from what they do.

Some people do claim that they are concerned because it is an important moral issue: either it is a wicked thing that must be fought to protect God, Country and The Children or it is a matter of freedom that must be allowed in a free society. Now, if homosexuality is an evil, it hardly seems to be the greatest of evils and it would seem that moral crusaders could better spend their energy addressing matters for more dire and damaging. The other side does seem to have a better case given how homosexuals are often treated and what they are often denied, namely equality.

In my own case, I regard homosexuality as morally neutral: neither good, nor bad. I do believe that people should be free to chose their sexual partners within the limits of informed consent. This requires that those involved be capable of understanding the matter and that they are free from coercion and compulsion. This nicely handles the stock claims that tolerating homosexuality means tolerating bestiality, pedophilia, rape and so on. Obviously enough, animals and children cannot give informed consent. In the case of rape there is, by definition, no consent. Hence, the slippery slope does not even get sliding here.

At this point someone will no doubt be thinking about necrophilia. No, not about committing it but about the claim that tolerating homosexuality entails tolerating necrophilia. The easy way out of this “criticism” is that tolerating homosexuality between consenting parties no more entails tolerating necrophilia than does tolerating people of different faiths or nationalities getting married. At the very least, the burden of proof lies on those who would make such a claim. Also, a corpse cannot give consent.

Naturally, it might be replied that sex toys cannot give consent either, but it would seem acceptable for people to have sex with them. After all, they are just objects so consent does not enter into the matter. So, one might argue, if we are tolerant about homosexuality, then we must tolerate necrophilia since corpses would be functioning as sexual objects. The obvious problem with this argument is that it would not be that tolerance of homosexuality entails tolerance of necrophilia. Rather, it is that tolerance of sex toys would somehow entail tolerance of necrophilia, which certainly does not seem to follow. After all, there is an important moral distinction between a dead person and a mere object.

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Faith & Ignorance

Posted in Philosophy, Religion by Michael LaBossiere on October 8, 2010
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A recent Pew survey revealed that Americans are rather ignorant in regards to religion. Interestingly, Catholics did the worst while atheists and agnostics did best in terms of what they knew.

The finding about ignorance  matches my own experience. When people find out that I am a philosophy professor, the talk often turns to the matter of religion. When I was younger, I was rather surprised at how little people knew about even their own professed faiths, but I soon came to expect this as the norm. While I do expect this, it does bother me that so many people do not seem to know what it is they strongly profess to believe. What dismays me even more is the fact that people are generally not inclined to correct this ignorance nor often interested in subjecting their beliefs to some critical thought.

I am not surprised that atheists and agnostics know the most about religion. One reason is that atheists and agnostics are often (but obviously not always) reasonably well educated. As such, they would tend to know more about religion. Another contributing factor is that some people end up as atheists or agnostics after trying out various faiths-hence they will often have a broader base of experience to drawn upon. A third factor is that people who are more critical and inquisitive will often tend towards atheism and agnosticism and such people are more likely to know more about various faiths. A fourth possible factor is that a broader knowledge base actually tends to lead people towards atheism and agnosticism. That is, perhaps atheists and agnostics believe what they do because they know more about religion. After all, seeing so many people sincerely devoted to beliefs that are at least inconsistent with each other would incline a person towards skepticism about religion.

Of course, I have (anecdotally) found that it is not uncommon for atheists and agnostics to be ignorant of the philosophical arguments for God’s existence. However, most folks are ignorant of these arguments.

In terms of what religious people would tend to know less about other faiths, one obvious reason is that if someone thinks they have the correct answer, there is little reason to learn about other faiths. Some might be inclined to say that people of faith are more likely to be ignorant and lacking in intellectual curiosity   (or vice versa). This is, perhaps, a possibility.

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