JesseEwiak
Member
For those unaware, Rod Dreher is an author and blogger for The American Conservative, a conservative in the old school isolationist/socially conservative/anti-big business wing of the Republican Party. He's not a dumb guy. He's not a redneck you'd see on TV talking about the gays. But, even he has bought into the idea that real Christianity is doomed in the US.
http://www.theamericanconservative....future-christian-religious-liberty-gay-rights
http://www.theamericanconservative....future-christian-religious-liberty-gay-rights
I spent a long time on the phone last night with a law professor at one of the countrys elite law schools. This professor is a practicing Christian, deeply closeted in the workplace; he is convinced that if his colleagues in academia knew of his faith, they would make it very hard for him. We made contact initially by e-mail he is a reader of this blog and last night, by phone. He agreed to speak with me about the Indiana situation on condition that I not identify him by name or by institution. I do know his identity, and when he tells me that he is well-informed about the academy and the Supreme Court, I assure you that from where he sits, and teaches, and from his CV, he is telling the truth.
I will call him Prof. Kingsfield, after the law professor in The Paper Chase.
What prompted his reaching out to me? Im very worried, he said, of events of the last week. The constituency for religious liberty just isnt there anymore.
Like me, what unnerved Prof. Kingsfield is not so much the details of the Indiana law, but the way the overculture treated the law. When a perfectly decent, pro-gay marriage religious liberty scholar like Doug Laycock, who is one of the best in the country when what he says is distorted, you know how crazy it is.
Alasdair Macintyre is right, he said. Its like a nuclear bomb went off, but in slow motion. What he meant by this is that our culture has lost the ability to reason together, because too many of us want and believe radically incompatible things.
But only one side has the power. When I asked Kingsfield what most people outside elite legal and academic circles dont understand about the way elites think, he said theres this radical incomprehension of religion.
They think religion is all about being happy-clappy and nice, or should be, so they dont see any legitimate grounds for the clash, he said. They make so many errors, but they dont want to listen.
To elites in his circles, Kingsfield continued, at best religion is something consenting adult should do behind closed doors. They dont really understand that theres a link between Sister Helen Prejeans faith and the workd she does on the death penalty. Theres a lot of looking down on flyover country, one middle America.
The sad thing, he said, is that the old ways of aspiring to truth, seeing all knowledge as part of learning about the nature of reality, they dont hold. Its all about power. Theyve got cultural power, and think they should use it for good, but their idea of good is not anchored in anything. Theyve got a lot of power in courts and in politics and in education. Their job is to challenge people to think critically, but thinking critically means thinking like them. They really do think that they know so much more than anybody did before, and there is no point in listening to anybody else, because they have all the answers, and believe that they are good.
On the conservative side, said Kingsfield, Republican politicians are abysmal at making a public case for why religious liberty is fundamental to American life.
The fact that Mike Pence cant articulate it, and Asa Hutchinson doesnt care and cant articulate it, is shocking, Kingsfield said. Huckabee gets it and Santorum gets it, but theyre marginal figures. Why cant Republicans articulate this? We dont have anybody who gets it and who can unite us. Barring that, the craven business community will drag the Republican Party along wherever the culture is leading, and lawyers, academics, and media will cheer because they cant imagine that they might be wrong about any of it.
Kingsfield said that the core of the controversy, both legally and culturally, is the Supreme Courts majority opinion in Planned Parenthood vs. Casey (1992), specifically the (in)famous line, authored by Justice Kennedy, that at the core of liberty is the right to define ones own concept of existence, of meaning, of the universe, and of the mystery of human life. As many have pointed out and as Macintyre well understood this sweet mystery of life principle (as Justice Scalia scornfully characterized it) kicks the supporting struts out from under the rule of law, and makes it impossible to resolve rival moral visions except by imposition of power.
Autonomous self-definition is at the root of all this, Prof. Kingsfield said. We are now at the point, he said, at which it is legitimate to ask if sexual autonomy is more important than the First Amendment.
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I read that list and I think its very useful, Kingsfield said. I think the bulwarks in terms of a parents right to raise a child, and to educate a child, are more durable than others.
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I think in terms of hiring people [within the academy], thats quite acceptable in peoples minds, said Kingsfield. (And, I would add, not just within the academy.)
Kingsfield says that religious schools will have a substantial degree of protection in the law, at least for a while, to the extent that the school can be described as a part of a particular church, with clear doctrines that it expects its members to live by and uphold.
Theres going to be some question as to whether this applies to parachurch charities, schools, shelters, things like that, he says. If youre a church youre pretty much protected in who you hire, pay, and so forth. If you are a school and are careful only to hire people of your denomination, youre probably okay, though there are questions about the person who says Im a good Catholic, though Im gay.
It could be that if bishop certifies that you are a Catholic in good standing, youre okay, he continued. Catholics have a clear line of what constitutes the visible church, and what it means to be Catholic. So do the Orthodox. But if you are an Evangelical church that has a more general statement of faith, and depends on a shared assumption that its non-married members will live a chaste life, Im not so sure thats going to hold.
For hierarchical, doctrinally well-defined churches, much depends legally on what the bishops do. To the extent that some of the Catholic bishops want to punt, like the New Jersey bishop [Bootkoski of Metuchen] did with that schoolteacher [Patricia Jannuzzi], Im not sure at all what happens to them.
(Bootkoski arranged for Jannuzzi to be fired from her position teaching at a Catholic school in his diocese after a Facebook post in which she stated Catholic teaching on homosexuality and the family, but did so intemperately. The teachers comments were disturbing and do not reflect the Churchs teachings of acceptance, the bishop said in a public statement. From what Kingsfield said, this might well have laid down a marker making it hard for the Diocese to defend itself in court in future challenges over hiring.)
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This could well push religious schools into making hiring decisions that theyre not comfortable with. Say, for example, that a Catholic school had no trouble hiring a chemistry teacher who openly advocated for same-sex marriage, because that teacher was in the school to teach chemistry. His views on gay marriage are irrelevant, in practice. The school may have a different standard for hiring its religion teachers, or its social studies teachers, requiring them to be more doctrinally in line with the Church. But that is a distinction that may not hold up in court under challenge, Kingsfield said.
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Businesses, however, are going to have a very hard time resisting whats coming. Not that they would try. The big companies have already gone over, said Kingsfield.
Most anti-discrimination laws have a certain cut off they dont apply if you have 15 employees or less, he said. You could have an independent, loosely affiliated network of artisans, working together. If you can refer people to others within the network, that could work. You wont be able to scale up, but thats not such a bad thing.
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Kingsfield said we are going to have to watch closely the way the law breaks regarding gender identity and transgenderism. If the courts accept the theory that gender is a social construct and there is a long line of legal theory and jurisprudence that says that it is then the field of antidiscrimination law is bound to be expanded to cover, for example, people with penises who consider themselves women. The law, in other words, will compel citizens to live as if this were true and religious liberty will, in general, be no fallback. This may well happen.
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The accreditation issue is going to be a much stickier wicket. Accreditation is tied to things like the acceptance of financial aid, and the ability to get into graduate schools.
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Accreditation is critical to being admitted to law schools and medical schools, Kingsfield said. College accreditation will matter for some purposes of sports, federal aid, and for the ability to be admitted by top graduate schools. Ghettoization for Christians could be the result.
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The emerging climate on campus of microaggressions, trigger warnings, and the construal of discourse as a form of violence is driving Christian professors further into the closet, the professor said.
If I said something that was construed as attacking a gay student, I could have my life made miserable with a year or two of litigation and if I didnt have tenure, there could be a chance that my career would be ruined, he said. Even if you have tenure, a few people who make allegations of someone being hateful can make a tenured professors life miserable.
What happened to Brendan Eich the tech giant who was driven out of Mozilla for having made a small donation years earlier to the Prop 8 campaign is going to start happening to a lot of people, and Christians had better be ready for it. The question I keep thinking about is, why would we want to do that to people? But thats where we are now.
I pointed out that the mob hysteria that descended on Memories Pizza, the mom & pop pizza shop in small-town Indiana that had to close its doors (temporarily, one hopes) after its owners answered a reporters question truthfully, is highly instructive to the rest of us.
Youre right, he said. Memories Pizza teaches us all a lesson. What is the line between prudently closing our mouths and closeting ourselves, and compromising our faith? Christians have to start thinking about that seriously.
We have to fall back to defensive lines and figure out where those lines are. Its not going to be persecution like the older Romans, or even communist Russia, he added. But whats coming is going cause a lot of people to fall away from the faith, and we are going to have to be careful about how we define and clarify what Christianity is.
If I were a priest or pastor, I dont know what I would advise people about what to say and what not to say in public about their faith, Kingsfield said.
There is a bitter irony in the fact that gays coming out of the closet coincides with traditional religious people going back into the closet.
Gays have legitimately said that its a big deal to have laws and a culture in which they have been forced to lie about who they are, which is what you do when you put them in the position of not being able to be open about their sexuality, Kingsfield said.
Dont ask, dont tell forced them to segment off a part of their lives in a way that was wrong. What they dont realize today is that the very same criticism they had about dont ask, dont tell can be applied to what is happening now to Christians: you can do what you like in private, but dont bring who you are into the public square, or you can be punished for it.
On the political side, Kingsfield said its important to surrender political hope that is, that things can be solved through political power. Republicans can be counted on to block the worst of what the Democrats attempt which is a pretty weak thing to rely on, but its not nothing. But a lot of things can be done by administrative order, he said. Im really worried about that.
And on the cultural front? Cultural pressure is going to radically reduce orthodox Christian numbers in the years go come. The meaning of what it means to be a faithful Christian is going to come under intense fire, Kingsfield said, not only from outside the churches, but from within. There will be serious stigma attached to standing up for orthodox teaching on homosexuality.
And if the bishops are like these Indiana bishops, where does that leave us? he said. We have a problem in the current generation, but what I really worry about is what it means to transmit the faith to the next generation.
A lot of us will be able to pass if we keep our mouths shut, but its going to be hard to tell who believes what, Kingsfield said. In [my area], theres a kind of secret handshake that traditional Christians use to identify ourselves to each other when we meet. Forming those subterranean, catacomb church networks is not easy, but its terribly vital right now.
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We need to study more the experience of Orthodox Jews and Amish, he said. None of us are going to be living within an eruv or practicing shunning. What we should focus on is endogamy.
Endogamy means marriage only within a certain clan or in-group.
Intermarriage is death, Kingsfield said. Not something like Catholic-Orthodox, but Christian-Jew, or high church-low church. I just dont think Christians are focused on that, but the Orthodox Jews get it. They know how much this matters in creating a culture in which transmitting the faith happens. For us Christians, this is going to mean matchmaking and youth camps and other things like that. It probably means embracing a higher fertility rate, and celebrating bigger families.
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There are a lot of conservatives who are very chest-thumping pro-America, but theres an argument that the seeds of this are built into American individualism, Kingsfield said. We Christians have to understand where our allegiances really must to lie. The public schools were meant to make good citizens of us and now are being used to make good Moralistic Therapeutic Deists of us.
Christians should put their families on a media fast, he says. Throw out the TV. Limit Netflix. You cannot let in contemporary stuff. Its garbage. Its a sewage pipe into your home. So many parents think theyre holding the line, but they let their kids have unfettered access to TV, the Internet, and smartphones. You cant do that.
And if you cant trust that the families of the kids that your kids play with are on the same team with all this, then find another peer group among families that are, he said. It really is that important.
And for secondary education? Kingsfield teaches at one of the top universities in the country, a gateway to elite advancement, but says hes not sure he would want his kids attending there. It depends on Gods calling. He remains there because for now, he sees that he has a mission to mentor undergraduates who need a professor like him to help them deal with the things coming at them. The fact that he has his kids in a good school and a good parish makes this possible. But he recognizes that by the time his children become college age, the landscape may have shifted such that the elite universities are too hostile.
I could still imagine having a kid who was really strong in his faith, and believing that God was calling him to going to a prestige college. Im not ready to say never for that, but I do think there are a lot of kids that we need to steer away from such hostile places, and into smaller, reliably Christian schools where they can be built up in their faith, and not have to deal with such hostility before theyre strong enough to combat it.
Its hard to say what kind of landscape Christians will be looking at twenty, thirty years from now. Kingsfield says he has gay colleagues in the university, people who are in their sixties and seventies now, who came of age in a time where a strong sense of individual liberty protected them. They still retain a devotion to liberty, seeing how much it matters to despised minorities.
That generation is superseded by Social Justice Warriors in their thirties who dont believe that they should respect anybody who doesnt respect them, Kingsfield said. Those people are going to be in power before long, and we may not be protected.
Bottom line: the Benedict Option is our the only path forward for us. Indiana shows that. Write that book, he said.
OK, I will.