The Culture War continues apace with
the Christian Right and the Liberal coalition fighting their current
conflict in North Carolina and Mississippi. Both states recently passed
a version of a law that protects religious freedom by allowing
businesses to discriminate against members of the LBGT community.
The Democratic Governors of Washington State, New York, and Vermont
have banned non-essential state-funded travel in an effort to
pressure these two states to rescind their laws
Everyone involved in the fight agrees
that culture is of unmeasurable importance. And not just any
culture, but the right culture.
So what does it mean for a culture to be right, or valuable?
Culture can derive its value from four
arguments. Not everyone will agree with each argument and there is
quite a bit of space in each one, but hopefully everyone can
recognize the point of view for each.
Everyone is born into a culture. Most
likely their parents, grandparents, and ancestors were of this same
culture. They value it for the family history it contains. They
feel comforted by the food, the language, and the traditions that
predate them. They act as their predecessors acted, speak as they
spoke, and live as they lived. It is pleasure and memory wrapped
together into nostalgia. There is nothing wrong with embracing the
culture one is born into. There is value in this, but its value may be superceded by other issues in the community. It is possible that a culture is rotten, there
are some of these across history, and they need to be repaired or
rejected altogether.
What does it mean for a culture to be
rotten?
Cultural beliefs influence ethical
values. They support equality and justice or corruption and
injustice. They aid wisdom and compassion, or duplicity and cruelty.
There is no doubt culture can be a positive or a negative force for the
moral development of a people. When a community embraces a horrific practice, later generations grow up not recognizing the terrible
beliefs they hold. Without referencing the object of Godwin's law,
everyone can think of a culture that held abominable beliefs,
and which led to atrocious actions.
Culture not only develops ethics, but
also produces results. When citizens attempt to transform their
culture they aim for the reformed institutions to produce results they
desire. If a culture values education it will ensure all students,
regardless of race, gender, or class, will attend schools that
provide for an enduring life of learning. The community will ensure
behavioral patterns in students to produce results. It is impossible to
reconcile the statements: “everyone in our culture should be well
educated” and “their cultures norms of behavior prevent them from
achieving educational goals”, and “they shouldn't have to change, or be judged on
how well they do in school”. These three statements will create divisions and will not produce the desired result. Sometimes people have to change so that society functions to the benefit of everyone.
Cultures that divide the citizens, that generate fear and hatred, or deny basic rights to everyone are rotten.
Cultures that divide the citizens, that generate fear and hatred, or deny basic rights to everyone are rotten.
At this point, someone will raise their
hand and say, “There is no such thing as a rotten culture. Sure, I
might disagree with a community that commits ritual sacrifice, or
oppresses minorities, but it doesn't mean it's wrong. It only means,
I wouldn't want to live there.”
This person will say all cultures are
equally valuable, basing their statement off of two beliefs.
The only value of culture is its
historical and personal value. It is to be protected as a matter of
record, just as one wants to preserve every language in the world.
This is an emotional argument and the appeal simply won't do. There
is little value in protecting something, just because it exists. If it is
not harmful then there is nothing wrong, but if it fosters injustice
then something must be done. This person will insist cultural ethics
and cultural results, are subjective goals that have meaning for some
individuals but not others.
Yet these same people will, rightly,
call out the injustices of modern society and campaign, protest, and
work for a culture that produces equal rights and justice for all.
While decrying the moral basis of the other side, they develop a
strategy to implement their own cultural norms. They know there are
positive cultural objects and negative ones. I'm not saying I know
what the optimal culture is. Nor am I claiming it is possible to
construct the perfect culture using some evaluative procedure, but
it's clear the citizens of the United States and the world have
certain ethical values and goals for their society. They believe there is a best, even if it is only theoretical, but they will work to move toward that transcendental goal.
Unfortunately in their zeal and
self-righteousness, culture warriors on both sides often engage in
bullying. They paint their opponents as hideous regressives or
progressive freaks. A favorite phrase used in the culture war is the
“March of History”, or being on “The Right Side of History”.
This a form of argument, and bullying, which carries no weight. Any
student of history can see it is not a linear upward climb of
equality for all mankind. Many ancient cultures preformed better in the
areas of democracy, gender equality, and economic equality. The
ancient civilizations were destroyed by barbarians, the Middle Ages
couldn't compare to Aristotle or Cicero, and the modern world is the
closest humanity has ever come to causing its own extinction. No nation of modern times can point to a perfect history of improvement.
On the other hand, the short history of the United States
does seem to be on a gradual path of inclusiveness. It only seems so because of its limited existence and broad scope. Examining the minutiae of American History would illuminate many setbacks on the current goal of equality. Making a bet on the future improvement of humanity's culture would be nice, but a risky endeavor. In fact, the only cultures that can
declare a brighter future for mankind with any degree of certainty
would be those who believe in a benevolent deity or some sort of mystical life-force. Even there the
claim would mistake Gods'/God's ultimate care for humankind, for
temporal equality. Certainly, no religious group can demonstrate a continual improvement of their society since its birth..
Cultures should be valued for the
ethics they inspire and the results they produce, if those results
are worthwhile.
A final feature of culture is its
survivability. Superior cultures will have the resilience and
flexibility to survive centuries of difficulty. Danger can come from
within or without. If within, a marginalized group may have rejected
the majorities beliefs or a significant event could be threatening
old ideas. New cultural contact (which is rare now) often
destabilized one or both of the combatants. Today, cultures that
have been in conflict for decades still look to absorb or influence
each other. One might not believe that survivability is of any
value, but if a culture can not withstand the shock of conflict, it
does not matter what else it contains.
As a final thought, the culture war of
the United States is fair ground for both sides, but both should be
clear about what they are fighting for and not obfuscate, nor claim
that there is no moral basis for argument but engage in one anyways.
If everyone speaks what they believe with truth, consideration, and a
willingness to listen, the citizens of the United States will be
better off.
Please explain to me how a modern implementation of a state based RFRA (such as Carolina's) is consistent both culturally and legally with Romer c Evans. N.B. This case was decided after the federal RFRA was implemented in 1993.
ReplyDeletehttps://en.m.wikipedia.org/wiki/Romer_v._Evans
https://www.oyez.org/cases/1995/94-1039
It might violate the ruling of 1996, though that ruling didn't involve transgender individuals. R v E was about sexual orientation, but the North Carolina law is about both sexual orientation and gender identity. The general concept of the ruling, that the state can't "forbid the extension of official protections to those who suffer discrimination due to their sexual orientation" is similar but not exactly the same. If it is unconstitutional then it will be struck down. The recent ruling in Virginia leans that way.
ReplyDeleteIt seems to me that you are defending such RFRA laws here, if I am wrong I apologize. However, I still don't see why the state is obligated to protect the delicate conscious of someone who believes they should have the right to discriminate. It also seems that you are the opposite of a cultural relativist, that is, that humanity is striving towards something better than what we have today. If we are continuously improving, or trying to, how does a law intended to target and isolate sexual and gender minorities serve either the larger culture or the state?
ReplyDelete