Tag Archives: Supreme Court

We Know Better, Part 4: Being Human

We are in a crisis of human identity. Both anthropology (the study of human nature, cultures, and experiences) and epistemology (the study of knowledge and the search for the truth particular matters) are being debated in unprecedented ways.

In this essay, I am NOT advocating to any reversion to cultural-historical functions for women and men or calling for coercive rules for how adults peaceably regulate their lives. A pluralistic, free, and virtuous society rests on freedom of conscience and voluntary association(s). In the spirit of the title of this series, I am asking that we pause from our misplaced anger and unreflected compassion and realize that we do know better about sexual identity.

There is no place for bullying or harming any person of any identity. But declaring criticism of these ideologies, “violence” is itself an attack on freedom of conscience.

When a Supreme Court Justice appointee refuses to define the word woman (an adult biological female is the proper answer), the triumph of subjectivism is almost complete. When even secular feminist thinkers are excoriated for not affirming every current fad of gender anarchy, we are in trouble. When normative biological sexual identity is defined as “cisgender(ed)” and any hints of the differences between boys and girls are called out as “toxic” – we are in trouble.

As I share my thoughts, I come to this with decades of education and interaction in the epicenters of gender reflection: Santa Cruz and Berkeley, CA. All of my academic degrees and much of my work has been amidst the ever-changing currents of what is politically/publicly acceptable. I have laughed and cried, served and worked with women and men of all faiths or none, and all manner of sexual attractions and identities. Each person is a divine image-bearer and offers much to our world. And, until recently, my deepest convictions were at least somewhat respected and tolerated. After the Supreme court decision of 2015 affirming gay marriage (with the Justices admitting that many will disagree and must be allowed such freedom), it seemed that everything desired by proponents of non-traditional lifestyles was in place. No discrimination, no persecution for private behavior, and access to all privileges and services others enjoy.

But the radical proponents of gender anarchy were not done. Suddenly our culture wars metastasize and there are now scores of identities that must be publicly celebrated, and children must have the right to alter their body’s chemistry and even eliminate signs of their biological sex, without permission from parents! Now the real agenda of the radical Left is exposed: destruction of the biological/nuclear family. Mom, Dad, and biological children in a unit of loving cooperation is now seen as hindering progress toward “the collective” and a remnant of outdated religion. Never mind that in all civilizations throughout all of history, parents and children (and their extended clans) are the heart of human identity and flourishing.

The pagan-secular Towel of Babel is now a transhumanism of complete subjectivity.

When feminists Martina Navratilova, J.K. Rowling and Naomi Wolf are excoriated as “TERFs” (trans-exclusionary radical feminists) and biological males can choose new bathrooms and compete in female sports simply by declaring a new identity, we are in trouble.

Friends, we know better. With rare exceptions, the DNA and physiology of male and female are innate and unchangeable. There is HUGE range of behaviors and dispositions (and neuroscience affirms a range of conditions) of males and females, so stereotyping is unhelpful and unscientific. If adults desire a certain identity, name change, and have a range of affections, that is their private business. But asking rational and religious people to promote such ideas and actions is coercive and a violation of conscience.

Friends, we know better. Children and adolescents are in a constant state of development and expecting them to have the faculties for choosing their gender and ripping such choices away from family systems is cruel and unjust. Research for more than half a century places the number of long-term same-sex attracted and bisexual people at somewhere around 5% of the population (Kinsey’s bad research and his 10% figure from the 1950s have been repudiated many times), for men and women over 25. The explosion in adolescents identifying as bi- or trans- is clear cultural conditioning. When school officials hide children “transitioning” from parents, this is a complete violation of family preeminence over the state.

We know better. Biology matters. Public schools have no business imposing their ideologies on students and hiding their agendas from parents. Ethical statements about sexual identity and practices are not violence. Let’s affirm liberty for all – including the liberty to make moral proclamations without fear.

We Know Better, Part 2: Creating a Culture of Flourishing

Half a century ago, Roe v. Wade created a right to abortion out of thin legal air. Fabricating a right to privacy loosely connected with human rights amendments, The Supreme Court overruled many state laws. The language of the ruling is rooted in ambiguity, with the majority opinion admitting that future scientific progress on viability could alter the application of this right. Feminists hailed the ruling as a woman’s right to bodily autonomy and the end of the, “back alley/coat hanger” era of abortions. Since 1973, over 62,000,000 babies have been killed, a disproportionate number being babies of color, especially African American children.

For the first thirty years after Roe v. Wade, leaders in both parties were found in the pro-choice (pro-abortion) and pro-life (anti-abortion) camps. Almost all agreed that abortions in the final trimester should be avoided. Pro-life leaders understood there were rare exceptions that needed medical accommodation. The Hyde Amendment prevented federal funds from being used to finance abortions. Casey vs. Planned Parenthood further cemented pro-abortion policies. In the mid-1990s, the late Justice Ginsburg admitted that Roe rested on dubious legal and scientific foundations and needed to become federal legislation.

In the last two decades, pro-abortion advocates have gone from, “safe, legal, and rare” to “anytime, for any reason, up to and even during delivery” and “shout your abortion” as a positive thing. Economics, emotional happiness, and depersonalization of the developing child in the womb are all part of this radicalized strategy.

With a Supreme Court ruling immanent on abortion restrictions in Mississippi, the stage is set for the partial or complete overturning of Roe v. Wade. An unprecedented leak of an early draft penned by Justice Alito has enraged pro-abortion forces and threats of violence loom large as I write this essay.

As a thoughtful Christian and caring human being, I cannot in good conscience condone the destruction of innocent life, from conception to coronation. Tragedies of natural miscarriages and occasional urgent medical emergencies are one thing, but making the exceptions a general rule is nothing less that dehumanization of the vulnerable and state-sanctioned killing. By the way, I am also against the death penalty for civilian criminals, mainly because of 1) the possibility of a mistaken conviction; and 2) the desire for redemption for the convicted, even while in prison for life. Many current euthanasia laws are immoral and the number of intentional deaths is increasing.

Our need: a new vision of human flourishing

What I write here will not change the minds of advocates on either side, unless there is a fresh way of envisioning and framing the entire issue. We need a culture of life, a conscientious consensus on human flourishing that can unite women and men of goodwill and welcome children as gifts, not burdens, and unique persons, not clumps of cells. Here are some beginning axioms, some values that can help refocus and even reimagine the conversation:

  • Protecting the unborn is part of a larger vision of caring for the vulnerable and affirming the value of every human person, regardless of their utility to society. From the unborn to the physically and mentally challenged, to the mentally ill and those struggling with diseases and old age, ALL people matter.
  • We must create safe pathways for women to report sexual assaults and foster a climate of dignity so that perpetrators cannot intimidate their victims, with shame displaced by liberation for those who receive help. 
  • Anti-abortion advocates are often accused of not caring for mothers and children outside of the womb. This is an unfounded assertion, as there are hundreds, even thousands of agencies, centers, churches, and community groups ready to help. We can do better in empowering single moms (and couples) for a brighter future, including education and job training, housing and medical care. 
  • Churches and community groups can expand their services for adoption and foster care and help place children in loving homes, as well as offer safe haven for incest and rape victims.
  • We can incentivize marriage and work by demanding greater accountability of the fathers for the children they help conceive and working to get people off unemployment and welfare. 
  • We can encourage young adults to delay sexual intimacy until marriage, finish at least a high school education, then remain faithful in their marriages (with exceptions for abuse, abandonment, and adultery, of course). Marital sexual intimacy is not only for procreation; however, we must stop divorcing this sacred act from one of its divinely-intended purposes.
  • We must reject dehumanizing euphemisms for the developing child in the womb. An embryo and a fetus are growing human persons, not clumps of cells.
  • In this flourishing future, we are not punishing the vulnerable, but persuading women and men of conscience with moral arguments, as well as scientific evidence.

The late Theodore Hershberg, former president of Notre Dame University, prayed we would be a society that welcomes children as a gift, not a burden. Philosopher Peter Kreeft argues that abortion is the moral issue of our day because underneath all the arguments are our understanding of God’s gifts of life and choice. May we choose life and flourishing.

To (Perhaps) Our Next President

Dear Donald Trump and Hillary Clinton,
Insults are substitutes for critical thinking and civil debate.

Calling Trump “racist” or “sexist” enables opponents to avoid both his record and serious consideration of their own classism and prejudices (i.e., “guns and religion” generalizations and marginalization)

Merely calling Clinton “crooked” does the same, preventing accountability for serious policy formulation (gender must not be the focus – policies and principles matter!)

Both candidates must offer insights on:
Immigration: can we be hospitable and wise?
Healing racial tensions.
National security and the fight against Islamic terrorism.
Balancing the budget and controlling the federal Leviathan.
Long-term entitlement stewardship.
Global military and political alliances and strategies.
The relationship between the federal government and freedom for persons and states.

Supreme Court nominees…
And there is so much more.
Lord, have mercy. Christ, have mercy.