Category Archives: Political philosophy

The age of reason is dead

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Fake news, merchants of doubt, alternative facts, silenced scientists, and the con-mander-in-chief. The end of the age of reason is upon us. It’s been dying. But it’s finally dead. And so we eulogize:

As Carl Sagan (1997) prophesized:

“I have a foreboding of an America in my children’s or grandchildren’s time — when the United States is a service and information economy; when nearly all the manufacturing industries have slipped away to other countries; when awesome technological powers are in the hands of a very few, and no one representing the public interest can even grasp the issues; when the people have lost the ability to set their own agendas or knowledgeably question those in authority; when, clutching our crystals and nervously consulting our horoscopes, our critical faculties in decline, unable to distinguish between what feels good and what’s true, we slide, almost without noticing, back into superstition and darkness…”

Our regressive descent into mysticism and superstition has reached terminal velocity. Late capitalism and the Anthropocene have delivered us to a new medieval period of human history, coupled with a neo-feudal socioeconomic order and global klepto-plutocratic oligarchy.

Most have been deluded by radical progress in science and technology to believe that progress in ethics and social order is necessarily concurrent. Among the most delusional are those who remain ascribed to the leftist dogma that globalization and the worldwide liberation of human beings from the barbarity of the human condition are guaranteed. Progress in science and technology may be a fact but it is all the more evident now that inevitable progress in ethics, politics, and social order are a myth.

The rise of Trump, Brexit, and right-wing populism in western Europe are mere symptoms of the utopian and fundamentally unsustainable project of global neoliberalism and installing western-style democracy the world over. Even the bastions of liberal social order in Europe and North America are buckling under the pressures of globalization and the task of governing radically pluralistic society.

The political right may live in a fantasy of denial about the trajectory of diversity and demographics in Western culture, the science of climate change, and the possibility of sustaining the longstanding heteronormative, patriarchic, and anti-ecological social hierarchy amidst unprecedented pluralism, but the left is perhaps worse off in remaining faithful that human beings will universally “see the light” and reject the superstitions and prejudices that are seemingly inseparable from the rapacity and tribalism of human nature.

As isolationist plutocratic oligarchy becomes the new governmental norm of 21st century politics, there’s a little evidence to support that our gradual dissent into darkness will reverse course.

As Dan Kahan and the Cultural Cognition Project of Yale University have confirmed for years, people’s superstitions, values, and world views invariably precede their acceptance of empirical data that contradictions their predispositions. It’s simply easier to accept facts that confirm your worldview than to change one’s mind, potentially upending one’s sense of order and meaning in life. To accommodate our cognitive dissonance we rather pretend the world isn’t what it is. Instead of untangling the moral valence of scientific research in civic discourses, we prefer to silence them altogether—to silence scientific and ethical communication outright.

For years now our politics have been shrouded in mis-information about everything ranging from the ills of smoking cigarettes to the causes of human induced climate change. Merchants of Doubt have been among us for decades and now they remain among the only voices not silenced by the current US federal administration.

Some representatives of the scientific and progressive community have “gone rogue” on Twitter and remain dedicated to contesting the slew of falsehoods perpetuated by those with financial interests in the status quo of energy production, gender norms, and institutional oppression across races and genders and sexualities. But ultimately these outbursts of indignation will be consumed by the indiscernible din of hodgepodge identity politics and conflict among the elites and populists of the left.

The unwillingness of the political left and right to even engage in coherent civic discourse and has brought upon us the era of fake news and alternate facts. Rather than wrestle with truth, untangle the diversions of values and moral assumptions underlying our disagreements, and cooperate, we prefer to submerge ourselves in echo-chambers that make us comfortable and self-righteous, only reinforcing what we merely presume to be objective truth about the direction and order of the world.

It should come as no surprise that the challenges of experimenting with pluralistic society have culminated in the reemergence of intractable tribalism; tribes that refuse to even listen to one another. The age of reason worked while it did because discourse enabled constructive disagreement and ultimately collaboration, but our inability to be discursive about our treatises of ethics and social order evidences that for all our technoscientific progress, reason will succumb to the barbaric disposition of human beings to use the power of technology to wage war on ourselves and the non-human world alike rather than create a world without poverty, oppression, and ecological degradation.

We have abandoned our reasonable capacities to take responsibility for human agency in the world. Trump’s reinsertion of interest in torture; the reinstatement of black sites; the embrace of dictators from Putin to Assad; nuclear re-proliferation; the outright denial of human-caused climate change; the rapid backpedaling of progress in women’s, non-heterosexual, and non-cisgender rights; voter suppression; white nationalism; the retraction of US humanitarian aid around the world; the beginnings of mass deportation or internment of Mexicans and Muslims; and the refusal to accept political and climate refugees simply on the basis of their ethnicities and religions are the tip of the regressive iceberg. If anything, the rise of Trump demonstrates that the liberal progressive vision of the world’s trajectory toward global tolerance and pluralism is a secular utopian myth.

Ultimately any remaining exaltation of liberal utopianism is a matter of secular faith. Some will surely attempt to cast their faith as optimistic confidence in the capacity of human reason to overcome the primitive barbarism of our animal condition, but such a subtle difference in framing cannot cover up the apparent mysticism of liberal millenarianism.

As the age of reason comes to a close the only reasonable prediction left is that by John Gray in his book Black Mass. As the project of globalization fails to deliver its promise of universal economic and political liberation from the hardships and barbarity of the human condition, succumbing to the laws of entropy, the human experience will again be characterized by a resurgence of fundamentalist religion, superstition, and allegiance to mythology as a last ditch effort to maintain any sense of order and direction and meaning and purpose in our existence.

I still find happiness, contentment, and solace in my loved ones, in music, in beauty and art and literature, in exploring the wilderness, in pluralism, and in the catharsis of writing; but my faith in human reason has been eclipsed by the swell of fear and barbarity around the world, paired with the fervent but unfounded insistence from the left that “this too will pass” and the arc of progress will once again and necessarily take route. I will continue to do everything in my power to protect and assist people and the nonhuman world in need; to take responsibility and act for good reasons; to live ethically. I will continue to write and speak out and petition and defend what I believe to be justified and right. But liberals, now more evident than ever, cannot take progress for granted. When we assume that progress in ethics is guaranteed or inevitable—the natural and righteous evolution of humanity—and that this is just a hiccup—we’re no better than the mystics of the ancient world for whom reason had little value.

Fracking and environmental (in)justice in a Texas City

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It’s been a long time coming, but it’s finally here. After more than a year of peer-review, my co-authors, Matthew Fry and Adam Briggle at the University of North Texas, and I have gotten our economic and environmental justice study of shale gas development in Denton, Texas published in Ecological Economics. 

Screen Shot 2015-07-03 at 9.45.12 AM

My infinite gratitude to Matt and Adam for their tireless effort on this project, and everyone who made it possible along the way. You can access the full text for free here until August 22nd. Please feel free to share far and wide. It’s important that we spread our findings with the greater civic body, especially in light of Denton’s strategic repeal of its fracking ban in the fight against HB40.

Justice is largely a matter of distributive equity and procedural fairness. It is also about recognizing the plurality of values and stakeholders that make up our civic world. When it comes to shale gas development, it’s all too often that the freedom of communities to self-determine is undermined by twisted and unjust procedures dictated by corporate and centralized political interests with financial stake in silencing those affected by anthropogenic hazards. The consequent social inequity and ecological decline, some of which we outline in our study here, is staggering. Information-sharing and civic awareness is central to the free and open discourse fundamental to moral public decision-making. It’s up to us to empower ourselves and our communities with knowledge, subject to the scrutiny of credible others (i.e. peer-review), to rectify injustice where it lurks.

Debunk the delusion, ecologize the economy! Let’s get it together humans.

Debunk the delusion! Ecologize the economy!

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In the wake of last week’s UN General Assembly, the world seems an unscrupulous chaos. The fight against ISIL continues to escalate as the international coalition officially adds Russia (and awkwardness via Syria à la Assad), Hong Kong protests Chinese authoritarianism, Ebola rampages on in west Africa, and—let’s not forget—last Tuesday, NYPD arrested a polar bear. If that’s not a perfect metaphor for the military-industrial complex I don’t know what is. A white man in a uniform, with a gun, putting nature in handcuffs. Volumes spoken.

Photo courtesy of Carbonated

Image courtesy of Carbonated

Meanwhile, the Sept. 5 ceasefire in Ukraine remains tenuous as shelling in Donestk has repeatedly threatened to end the shaky truce between Kiev and the rebels in the east. The official word seems to be that the ceasefire is holding. But have no illusions about it, the Ukrainian crisis is hardly defused. The ceasefire is technically between Kiev and Moscow, not Kiev and the separatists, so the ceasefire has “held” only insofar as explicitly Russian troops aren’t shooting at Ukrainians. Instead, the newly declared republics in Donetsk and Luhansk have consolidated military forces into the United Army of Novorossiya (New Russia) to keep fighting the regime in Kiev and their fighters’ behavior is becoming increasingly flamboyant and barbaric. Despite the official word, people are still dying in Ukraine.

Photo courtesy of ForeignPolicy.com

Novorossiya militant—-image courtesy of ForeignPolicy.com

Media coverage in the US might be dwindling because of ISIL, but under no circumstances should we consider the Ukrainian crisis resolved. NATO is still arming Kiev, the Poland-Lithuania-Ukraine alliance forces are deployed along the eastern European borders with Russia, NATO troops are stationed in the Baltics, and Russian military convoys in Ukraine, while partially withdrawing, are still very present.

Conveniently ignoring Russia’s involvement in Ukraine, Russian Foreign Minister Sergei Lavrov took the UN GA as another opportunity to call out (@ 10:00) the United States for hypocritically coercing nations and exploiting crises around the world for economic and geopolitical gain under the auspices of good triumphing over evil. Granted, we do do that. We’ve been using moral righteousness to veil economic and geopolitical interests since Theo Roosevelt attacked Cuba and strong-armed Colombia in Panama for sake of bringing civilization to the uncivilized. US foreign policy has been something of a contradiction since then—a strange blend of moral emancipatory agendas and capitalistic imperialism. Accept freedom or die.

Photo courtesy of Vosizneias.com

Russian Foreign Minister Sergei Lavrov—-image courtesy of Vosizneias.com

Perpetuating the US-Russia dialectical rivalry, Obama fired back on 60-minutes reasserting a narrative of American exceptionalism and moral responsibility to intervene militaristically in crises all over the world (@ 9:34), wherever we happen to see ourselves needed. Indeed, we’ve been patrolling the world since Roosevelt exclaimed US prerogative to police the globe of “chronic wrongdoing” with his 1904 Corollary to the Monroe Doctrine.

Obama_60 min

But this US-Russia dialectical rivalry isn’t just a vestige of the Cold War. Ours has been a set of competing narratives for more than a century. In the same year that Teddy declared the US the world police (1904), the Russo-Japanese War over control of Manchuria and Korea was raging. In turn, TR intervened to ensure that there was no decisive winner for sake of regional stability. So began the US-Russia geopolitical contest for supremacy. Only thirteen years later, in the midst of World War I, Russia had its Bolshevik Revolution and the millenarian contest between Capitalism and Communism erupted. The geopolitical rivalry became enshrined in ideological dogmatism of undeniably religious fervor.

Excerpt from the Roosevelt Corollary to the Monroe Doctrine of 1904. Courtesy of Ourdocuments.gov

Excerpt from the Roosevelt Corollary to the Monroe Doctrine of 1904. Courtesy of Ourdocuments.gov

Both nations came into their “industrial-owns” in the early 20th century, and since the League of Nations and the Treaty of Versailles, the bureaucratic norm among State and international elites has been to disguise and discuss economic and military-industrial interests with moral platitudes. The same kind we hear from leaders today like Putin’s “Plea for Caution”, and President Obama, RFM Lavrov, and Secretary Ban Ki-Moon at the UN. I’d like to think that the people behind these bureaucratic and political offices genuinely mean what they say. But for all their personal sincerity and resonant optimism, the world remains a socioecological mess.

Just look at the Outcomes Report from last week’s UN GA and the Millennium Development Goals Report from 2013. Despite the lofty rhetoric—for all the “just” war and subsequent bureaucracy—the vast majority of what we’ve done over the past 70 years (since the UN’s founding) has accomplished little more than to serve existing neoliberal economic interests. Success in trade liberalization, economic growth, and industrial development has meant some degree of poverty alleviation in developing nations—a worthy goal to be sure—but what progress there has been toward poverty alleviation has come at unprecedented social and ecological cost. Deforestation, climate change, mass extinction and biodiversity loss now define the Anthropocene and income and gender inequities the world over resemble a writ-large global classism reminiscent of Gilded Age America. The richest of the rich have never been richer, and the poorest of the poor have never stood to lose so much for so little in return. This is as true within advanced industrial societies as well as without. 

Graph courtesy of the World Bank

World Income Gap—-graph courtesy of the World Bank

Image courtesy of FinancialSocialWork

American Distribution of Wealth—-figure courtesy of FinancialSocialWork

While “sustainable development” is in international vogue, nothing about it has proven sustainable in any meaningful holistic sense. The very idea of sustainability has been hijacked by neoliberal elites in powerful States, international regimes and multinational corporations and, despite espousing social equity and ecological resilience goals, has come to emphasize capitalist economic interests above all else while socioecological priorities fall to the wayside. The “green neoliberalism” of the UN, WTO, World Bank, IMF and the like is anything but green.

The joke—the really incredulous thing about all this—is the idea that what we’re doing can be made sustainable without radical, fundamental change; that we can globalize capitalism, universalize hyper-consumer culture, grow economies and populations perpetually and do it all sustainably just by consuming certain types of products made by “eco-friendly” multinational corporations. Duped by hollow “free market environmentalist” advertisement and promotion, consumers in advanced industrial societies have come to conflate the socioecological spirit of sustainability with the economic capacity of existing multinational industries to produce, and we to consume, certain material goods in perpetuity.

But sustainability is not just the perpetual production and consumption of goods, trade liberalization, economic growth, and poverty alleviation—though looking at WTO, World Bank, IMF, UN, etc. sustainable development policy and outcomes as compared to their rhetoric, its easy to understand how so many of ecological conscience could succumb to the rhetoric and unknowingly become complicit in the conflation of sustainability with green neoliberalism and the international economic model of endless growth. It’s time to pull back the wool! Sustainability is actually a much deeper, more robust, holistic combination of socioecological values and principles.

The essence of sustainability means the rational and reasonable ecological orientation of society—that we consume reasonably and justifiably within the planet’s resource extraction biocapacity; the embrace of cooperative socioecological complementarity over market-based competition; the rekindling of social fairness principles like usufruct and the irreducible minimum that underwrote precapitalist cultures; the decentralization of policymaking authority such that decisions are made by the people they affect rather than by bureaucrats living far away; radical direct municipal democracy and the inversion of conventional top-down governance; citizen majority–ownership of local industrial means of extraction, production, and consumption; and the non-domination of women, men, and nonhumans by traditional concentrations of wealthy, white, male elites.

The bottom line is this: unsustainability is a crisis of inequitable overconsumption. Global material resource consumption has increased eight-fold in the past century, we’ve long surpassed the Earth’s biocapacity, and our international trajectory remains fixed on a model of infinite economic growth. We must consume less if we wish to live sustainably. But radical, fundamental change doesn’t mean a reversion to Stone Age living or Earth-goddess worshipping Neolithic eco-mysticism. Far from it. We need not sacrifice living well in order to live sustainably.

Krausmann, Fridolin, et al. "Growth in global materials use, GDP and population during the 20th century." Ecological Economics 68.10 (2009): 2696-2705.

Krausmann, Fridolin, et al. “Growth in global materials use, GDP and population during the 20th century.” Ecological Economics 68.10 (2009): 2696-2705.

Capitalism as we know it is not a necessary precondition for industry, technology, and modern standards of living. Precapitalist societies in the Indus Valley, Mesopotamia, Egypt, Central America and the Ancient Roman Empire enjoyed wondrous technology and scientific innovation. But innovation was produced through cooperative complementarity rather than the more recent social Darwinist Western mantra of “healthy competition” mangled and abducted from evolutionary biological theory. The creativity and fecundity of nature as produced by evolutionary competition is a descriptive observation of biological phenomena—not a prescript for social organization. Nevertheless, endless competitive growth, rather than cooperative complementarity, has, in turn, led the global community down a path of unsustainable material resource consumption wholly without precedent in historical precapitalist civilizations of comparable science, technology, and quality of life. Granted, these precapitalist societies had their own domestic problems from which we gain the wisdom of hindsight. The point is that capitalism is not the only way to ensure existential resource security, ameliorate the hardships of animal life, and live enriched by science and technology. We need not consume so rapaciously to live well.

Individually, much of what we consume does little toward improving our wellbeing, so we’d likely live better by living with less. Indeed, individual consumption is frequently coerced by advertising and manufactured needs, and, in cases of addictive, gluttonous, and akratic consumption, leads to vicious and futile recursions of consumption and discontent. Consuming less means liberation—emancipation—from the invisible chains cast by the invisible hand; the cold mechanical market reduction of biodiversity and ecology to mere resource stocks and human life to a nihilistic cycle of labor and consumption. We would live better for living with less. We would live better for being free of capitalism’s vicious futility.

But the majority of global material resource consumption is institutional and systemic: large central States, international bureaucratic regimes, and multinational corporations dictate the terms of material resource exploitation, production, and consumption according to the prerogatives of ownership. We mere serfs own little and so decide even less. If we want to live sustainably, in turn, we need a radical and fundamental change in the basic structures of society: institutional and systemic inequitable overconsumption our targets of revolution.

The 20th century model of neoliberal elite-dominated nuclear-industrial nation-states and international regimes in collusion with multinational corporations that together auto-validate their ownership and exploitation of the planet like an echo-chamber or citation-circle has proven socially inequitable, ecologically destructive, unsustainable, and culturally undesirable. But the current generation in power is too set in its ways to be the revolution.

remaking society_cover

It is up to us—we the Millennials—to remake society. Socioecological revolution is our responsibility, because amidst hypocritical, played-out antagonistic rhetoric from the world’s two biggest nuclear powers—all while sociopolitical and ecological crises hang in the balance—the war machine in Ukraine and the Levant rolls on and neoliberal elites continue their reign at the expense and exploitation of you and me and women and people of color and all of the nonhuman ecology of the world around us, now reduced to resources to be consumed by capital society and war.

If this seems hyperbolic, just looks who’s been making a killing off death and crisis since November 2013 (when Orange Revolution tension re-percolated onto Kiev’s streets after former President Yanakovich rejected a trade deal to further liberalize Ukraine’s economy) and before, now intensified by the international coalition mobilizing to fight ISIL in Iraq and Syria. While ten companies in particular are getting rich from war, Lockheed Martin, Boeing, General Dynamics, Raytheon, Northrop Grumann & Airbus Group NV have all seen nearly geometric increases in stock value since last November, and exponential increases since November of 2012. These are all warplane, warship, artillery, missile, armored vehicle, arms, and electronics manufacturers. And all of these are astoundingly resource intensive products and processes, and they’re largely driven and powered by fossil fuels.

Lockheed 2013 stock trendsGeneral Dynamics 2013 stock trends

Where there’s war, there’s oil. Whether we’re fighting for it or not, it’s always a major player. Oil production and exports in the US have skyrocketed since 2006 with the fracking revolution, and global consumption is at an all time high and rising. Much of that increase in global oil consumption is demand-driven by developing countries. Much of the status quo is comprised of consistent demands in advanced industrial nations. But in all cases, it’s driven by institutional and systemic neoliberal constructs never far removed from the demand of war. This inequitable unsustainable overconsumption is a systemic and institutional issue—the problem of our era—the Millennial issue.

Graph courtesy of the US Energy Information Administration.

United States Total Oil Production—-graph courtesy of the US Energy Information Administration.

We must take responsibility. Soon we’ll depose prior materialistic generations and take the seats of power for ourselves and remake society from within, but in the meantime we must work from without and use the tools, however shabby they may be, at our disposal. For now, that means exercising—despite causal impotence objections—extreme justificatory discretion when participating in the market. It also means that we must VOTE. Be knowledgeable of and involved in politics. Be politically active. Take action. Vote. This November and in every election moving forward, vote. Granted, our choice in America between Democrats and Republicans is stifling and unrepresentative. With the exception of a few polarizing social issues, the two US parties are almost identical. Both perpetuate the same model of hyper-centralized nationalism, global capitalism spread by imperial neoliberals and war hawks, clandestine cahoots with multinational corporations, and the disenfranchisement of any and all who don’t contribute financially to campaign mudslinging chests.

Indeed, the two party system, lack of congressional term limits, and campaign finance regulation are among the biggest systemic institutional challenges facing our generation. But problems of that sort seem solvable only from within the halls of Congress, kept largely unreachable by the vast majority of the public because of extravagant campaign spending expectations hidden behind the revolving door of Iron Triangles.

To that effect, we need new parties. We need an end to career politicians, and we need to strictly limit corporate aggregate and per-candidate campaign contributions and expenditures. But first we need to vote. And then we need to ensure that we carry our proud post-materialist values forward into our nation’s future governance. This is not a call for mere reform nor anarchy, but for revolution. A fundamental change to the basic constructs of society. It’s ultimately up to us. Answer the call.

Let’s get it together humans.

Debunk the delusion! Ecologize the economy!

Love your country, question your government.

Love your country, question your government.

On identity, relativism, socio-legal equality, teleology, and religion in society: A critique of “In response to: On non-heterosexuality, religious absurdity, heteronormativity, human dignity, love, and freedom”

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A couple weeks ago, my fraternity brother and friend, Blake Rustmann authored a blog titled “On Marriage” articulating his disapproval of non-heterosexuality, dissatisfaction with the state of marriage today, and opposition to U.S. District Judge Terrence Kern’s recent decision to declare Oklahoma’s ban of non-heterosexual marriage—Oklahoma Question 711—unconstitutional. In response, I took it upon myself to counter his claims in support of non-heterosexuality and non-heterosexual equality with my own piece, “On non-heterosexuality, religious absurdity, heteronormativity, human dignity, love, and freedom.”

In good form, Rustmann then wrote a response to my response called, “In response to: On non-heterosexuality, religious absurdity, heteronormativity, human dignity, love, and freedom.”

Naturally, the dialectic must continue! Which brings me to my long overdue response to his response to my response.

On the outset I want to express my respect and appreciation for Blake’s conviction, eloquence, attention to detail, and interest in participating in this discussion. I am proud to call him my friend and fraternity brother. He is one of the kindest, most considerate people I know, and, insofar as who he is is the cumulative totality of his conscious actions, qualities, and states, he is among the best of people. He just happens to not be right about the metaphysical, ethical, and socio-legal-normative questions examined here.

To enumerate the contentions at hand and show where we’re going before we get started, our debate centers around at least five fundamental divergences: 1) the nature of the self, action, and responsibility; 2) moral relativism and the goodness of non-heterosexuality; 3) the importance of socio-legal and institutional non-heterosexual equality and equity; 4) the idea of teleology in natural phenomena; and 5) the proper role of religion and religious values in society.

Let’s take each in turn.

1) The nature of the self, action, and responsibility

In his original piece, Rustmann argues that it is coherent and reconciliatory to disapprove of non-heterosexual actions—i.e. non-heterosexuality—while not disapproving of members of the non-heterosexual community themselves. I responded that non-heterosexuality is essential to the identities of non-heterosexuals, and that there is no ethical or socio-legal distinction between the two, especially with regard to the regulatory goals of anti-queer rights advocates. Regulating non-heterosexuality amounts to regulating non-heterosexuals themselves because non-heterosexuality is part of who they are. You can’t ethically and socio-legally condemn non-heterosexuality without simultaneously condemning non-heterosexual people and their identities.

In his response to my response, Rustmann then argues that by eliminating the distinction between non-heterosexuality and non-heterosexual identity I am inappropriately exempting the non-heterosexual community “from a distinction that applies to the rest of us.” Quite the contrary. I propose no such exemption. The inseparability of action and the self is as much an ethical and socio-legal claim as it is a metaphysical one about the very nature of identity, which, as such, implies a universal account of what the self—the I, the ego, etc.—is.

What we do is an essential and inseparable part of who and what we are as conscious beings. I am something of a Sartrean about the self. The self, as it were, is a thing that we as conscious beings create. Identity is an invention—an object—of consciousness. At the bottom of every “thing” is consciousness—but consciousness is not itself a thing. It is no thing. Consciousness creates “things” out in the world by distinguishing them, including the ego. In other words, consciousness carves up the world with distinctions. Without conscious distinction, there is only nameless being. Consciousness is fundamental in that it experiences the world—consciousness experiences being—and constructs subjective reality by making distinctions in order to cope with existence. Without consciousness to create distinctions—to differentiate between experiences of being—there could be no distinct things. Consciousness must distinguish them. Consciousness, then, in experiencing and making distinctions about the world, distinguishes the self and in doing so constructs it—the I—out of conscious qualities, states, and actions through the process of reflection and synthesis.

The self is the synthetic transcendent unification of our experiences—the qualities, states, and actions of consciousness. It is an object of conscious awareness—a composition of reflective consciousness—an amalgamation of consciousness as being and as a being—and one from which who we are is inseparable. Most fundamentally we are conscious, but who we are—our essence—selfhood—comes after the fact. Action is indistinguishable from who we are because action does not exist in being—as does consciousness—but as one aspect of the conscious experience and of the self. Who we are is an ever accumulating and changing gestalt of what we do. The self is, in that way, transcendent. Not transcendental, but transcendent in the sense that it consists of an infinite number of accumulating aspects. Through the cumulative process of experiencing conscious action, qualities and states, conscious reflection upon them, and finally synthesis, we construct the self. Reflective consciousness ties our conscious actions, qualities, and states together to create the essence of who we are—our sense of “I.” The human creates its self. “Existence precedes essence.”

If we take Rustmann’s view of identity, who we are exists in a void with its essence predetermined and unchangeable by our actions, qualities, and states; for him, who we are is independent of what we do. Only by fundamentally separating the two can we condemn one without condemning the other. The unsavory moral consequence of this separation, however, is that it dismantles the means by which responsibility for action is attributable to the actor: “Condemn my action, not me. Who I am is not what I have done.”

But actions are not responsible for themselves, people are. The two are metaphysically and socio-legally indistinct.

To draw a fundamental distinction between action and actor amounts to little more than an impotent metaphysical trick to skirt accountability. People are held responsible for their actions because we are what we do. If I kill someone in cold blood, I am imprisoned for the act of murder and because I am responsible for killing. It has become part of who I am—ethically, socio-legally, and metaphysically. And insofar as we cannot change the past, our experiences—our conscious qualities, states, and actions—are, so long as consciousness persists, forever a part of who we are. We cannot escape responsibility for what we do.

Rustmann then raises an example and a question:

“For instance, my writings are an action. Jordan disapproves of the opinions that I wrote. Does that mean he disapproves of me as a person? I hope not.”

Here he wants to bolster the distinction between his writing and his identity by arguing that by my logic, if his writing is inseparable from his identity, and if I believe his writing or perspective is wrong or bad, then I must also think he is a bad person. I do not. I do think his written perspective on non-heterosexuality is wrong—or at least not right. I also think it is inseparable from his identity. But this is only one of an infinite number of aspects of his ever-accumulating identity, the cumulative gestalt of which is, I believe, overwhelmingly admirable and commendable. One bad branch does not mean the whole tree is bad—the bad branch just needs attention.

2) Moral relativism and the judgment of non-heterosexuality

Rustmann also argues that because I disparage moral absolutism, I “obviously” consider “any type of non-relativistic moral ideology as ‘oppressive, exclusionary, and discriminatory.’” Indeed, I do consider the ethical condemnation and socio-legal institutionalization of non-heterosexual inequality and inequity an oppressive, exclusionary, and discriminatory agenda. But I am not the strict moral relativist the author wants to paint.

Indeed, radical cultural relativism, if taken in principle to be absolute, yields another form of unacceptable universalism. The idea that, universally, no action can be judged or evaluated outside of the context of the actor’s culture is itself as dogmatic and absolutist as the position that all people should be held to any religious or secular universalistic moral system. Relativism if taken to its logical extent entails that relativists must be relativistic about even relativism as a universal ethical framework. Relativism contradicts itself in that way.

I, in contrast, contend that some actions are so offensive to moral sense and conscience that they cannot be tolerated—non-heterosexuality just isn’t one of them. Terrorism, holy wars, racism, genocide, female circumcision, slavery, sexism, torture, genderism, the rapacious destruction of the natural world, and institutionalized socio-legal inequality and disenfranchisement: these are among the set of intolerable ethical impermissibilities. A relativist could not make such a claim.

In large part, though not universally, I think J.S. Mills harm principle is a good guide for determining ethical and regulatory permissibility and tolerability. Actions that are wholly self-regarding—i.e. actions that pertain to and affect only the actor—are generally, if not always, permissible and should not be regulated, while actions that are other-regarding—i.e actions that pertain to or affect people other than the actor—should be regulated insofar as such actions compromise the liberty or right to freedom from harm of others. There is no strict relativism here. By rule of the Harm Principle, non-heterosexuality is self-regarding and therefore ethically permissible, and the freedom to socio-legally express non-heterosexuality should not be infringed.

3) The importance of socio-legal institutional equality and equity

The author then, contradicting himself again, argues that while he supports laws making non-heterosexuality illegal—e.g. the Oklahoma ban on same-sex marriage, and presumably the Defense of Marriage Act (DOMA) and California’s Proposition 8—he doesn’t “think the government should make laws criminalizing homosexual behavior, nor h[as] [he] ever proposed that.” In reality, however, to support Question 711 and similar laws that condemn and criminalize non-heterosexual marriage constitutes exactly such a proposition.

Perhaps the confusion stems from what follows. There are really two senses of condemnation at work here: ethical and legal. We must remember, what is ethical is not necessarily legal, what is legal is not necessarily ethical, what is unethical is not necessarily illegal, and what is illegal is not necessarily unethical. This is the intersection of the theoretical and the practical—the overlap of ethics and policy.

There are two dialectics of relevance here: 1) what is ethical and unethical (the ethical dialectic) and 2) what should be legal and illegal (the legal-normative dialectic).

Often the two are conflated and treated simultaneously, but it is important to clarify within which dialectic we are engaged and when because they are fundamentally separate and have radically different implications—and we ought to avoid making category mistakes. The ethical dialectic and any condemnation it might entail is theoretical condemnation and affects moral conscience, social perception, or perhaps the state of one’s soul, while the legal-normative dialectic and any condemnation it might entail is practical condemnation and affects literal social liberty and freedoms—i.e. imprisonment, monetary penalty, or socio-legal limits on self-determination.

The debate over non-heterosexual equality occupies the realm of the legal-normative dialectic, but often converges with the ethical. Still, it is two different things to argue, as Rustmann wants to do simultaneously, that 1) non-heterosexuality is unethical, and 2) non-heterosexuality should be illegal. To clarify, I contend that non-heterosexuality is neither unethical nor should it be illegal. Rustmann, however, in arguing that non-heterosexuality is both unethical and should be illegal, misses an important distinction. It is tolerable (though I think misguided) to believe non-heterosexuality is unethical. But being unethical (the ethical dialectic) doesn’t automatically entail that it should be illegal (the legal-normative dialectic). It is consistent and socially tolerable to hold that non-heterosexuality is unethical, but still believe that it should not be illegal. But Rustmann goes a step further. For him, not only is non-heterosexuality unethical, it should also be illegal. This, I believe, is inconsistent with the Harm Principle and ultimately explains his internal contradiction discussed before. Theoretical ethical condemnation of non-heterosexuality may be unenlightened, but by itself must be tolerated because theoretical condemnation does not necessarily entail socio-legal condemnation. But Rustmann and anti-queer advocates don’t stop at the theoretical. They push for socio-legal condemnation in the form of laws like Question 711, DOMA, and California’s Proposition 8. That is intolerable.

We cannot forget humanity’s multi-millennial legacy of socio-legally oppressing non-heterosexuals. Western religion has condemned non-heterosexuality almost unilaterally since the Old Testament. In 20th century America, rulings like Bowers v. Hardwick judicially institutionalized the legality of imprisoning non-heterosexuals for expressing their love and having sex. It was not, and probably still is not, uncommon for non-heterosexuals to lose work or appointments just for being non-heterosexual. Just recently President Putin signed a law permitting the arrest of “gay propagandists” and threatened its enforcement on LGBT athletes of the 2014 Sochi Winter Olympics. Not even a week ago India’s judiciary upheld a law criminalizing non-heterosexuality. And gay men are still put to death in the hyper-religious Middle East for no more than being gay. These are not theories. These are the disturbing realities.

4) Teleology disguised as science

In his response to my response, Rustmann also draws several repugnant comparisons between non-heterosexuality and a shocking list of degenerative diseases—in particular: alcoholism, bipolar disorder, and schizophrenia. Somehow, it seems to him that ethically and socio-legally condemning non-heterosexuality is equivalent to objecting to an alcoholic friend having another drink. This comparison is asinine.

Comparing non-heterosexuality to alcoholism, bipolar disorder, or schizophrenia warrants a dramatic face-palm. It is both an equivocation and a category mistake. Alcoholism, bipolar disorder, and schizophrenia are degenerative diseases that cause physiochemical and societal problems if allowed to persist unchecked. To compare them as if they’re equivalent is outrageous. Non-heterosexuality is not a disease, it is not a problem for non-heterosexual individuals, and it does not cause problems for society. Period. Nothing else ought need be said about this point to demonstrate its absurdity.

It is clear that Rustmann and I operate from different values systems. By his judgment, non-heterosexuality is bad, wrong, “disordered,” and contrary to human dignity. For reasons explained below, I obviously disagree.

My disagreement raises a fundamental question: From where does his judgment that non-heterosexuality is bad, wrong, disordered, and contrary to human dignity arise? The answer is two-fold: 1) Judeo-Christian values and ethics, and 2) the conflation of teleology and evolutionary function.

The author purports that his condemnation of non-heterosexuality is supported by the dictates of biology. But his reasoning relies upon a series of unsound scientific premises and an implicit assumption and furtive imposition of religious values. Let’s move through each one individually:

Premise 1: “Biology dictates that ‘natural’ sex occurs between a man and a woman.”

Counter-argument 1:Here he has reversed the logical relationship between “biology” and what is “natural.” Put correctly, everything within the purview of biology is natural, but not everything that is natural is within the purview of biology. In other words, to appeal to biology is to automatically admit and assume that the phenomenon in question—non-heterosexuality—is natural. If he wants to claim that non-heterosexuality is unnatural, he contradicts himself by appealing to biology. Biology does not distinguish between “natural” and “unnatural” sex—only kinds of sex, all of which is inherently “natural” by virtue of being within the realm of biological science.

Premise 2: Non-reproductive sex is “disordered.”

Counter-argument 2: Rustmann first defines “a disorder” as “when the purpose of [a] natural act is interrupted.” This definition is immediately problematic insofar as teleology—the idea of purpose—is inappropriate for discussing or explaining natural phenomena. But we’ll return to this point about teleology when I address Premise 3 below. More to the point: the claim that non-reproductive sex is “disordered” is an Augustinian distinction, not a biological one. Biology makes no such distinction. For biologists, non-reproductive sex is not “disordered.” Non-reproductive sex is just non-reproductive sex. Rustmann’s push to categorize non-reproductive as “disordered” vaults clear over Hume’s fact/value distinction without even realizing what it’s done. What of recreational or pleasure-oriented sex, or sex between the infertile or the elderly? Are these “disordered” as well? “Disordered” implies normative and teleological judgment that biologists, in aiming to remain objective, strictly avoid. In reality, the claim that non-reproductive sex is “disordered” is religious judgment, not biological.

It’s also worth noting that the author then makes another cringe-worthy comparison—this time comparing non-heterosexuality to incest and pedophilia. The very notion of such a comparison is just as inane as his prior juxtapositions to alcoholism, bipolar disorder, schizophrenia, and reminisces of Rick Santorum’s appalling claim that homosexuality is akin to bestiality. Absolutely ludicrous. Let’s move on.

Premise 3: There is only one “purpose of sex” and the only purpose of sex is procreation.

Counter-argument 3: For Rustmann, sex is reserved exclusively for reproduction. Procreation is the only “biological purpose of sex.” First of all, it’s clear that here he has conflated the ideas of purpose and function. Evolutionary theory—to which he subsequently appeals—has fundamentally removed the scholastic basis for teleological speculation about natural phenomena. Natural phenomena—being—do not have natural “final causes” or purpose, but function. Purpose is our perception of function. The two shouldn’t be confused. Purpose doesn’t exist out in the world, only function does. Purpose is a human idea applied to natural phenomena.

So we should talk about the functions of sex, not its purpose—as if there could ever be only one. Sex has many functions–reproduction among them—which include the expression of love or lust; the intensification of emotional, physical and spiritual connection; art; pleasure; etc. Non-reproductive sex does not “side step the primary purpose of sex” because there is no purpose of sex, there is only function, and reproduction is only one function of sex.

Nevertheless, the author continues to argue that non-heterosexuality is contrary to evolutionary function and thus is “disordered.” This is an incorrect and narrow reading of evolutionary function. First of all, that non-heterosexual genotypes exist in perpetuity within in our species all but necessarily entails that non-heterosexuality has been naturally selected for. The germane question is not “What is the purpose of sexuality?” as Rustmann puts it, but “What is the function of non-heterosexuality?”

Non-heterosexuality may have several evolutionary functions. First, it seems relevant to reiterate a basic tenant of ecology—diversity improves resilience. In other words, diversity in sexuality may ultimately make humanity as a species more resilient. On one hand, non-heterosexuality stimulates non-heterosexual social bonds that strengthen communities. On the other hand, as Josh Barrow points out, non-heterosexuals may serve a kin-selection evolutionary function by helping to raise the offspring of other family members—making it more likely that other family members will have children and that more children will survive—or adopted children. Finally, non-heterosexuality may be a natural evolutionary response to human over-population—the ultimate driver of the modern ecological crisis—which constitutes an undeniable threat to the perpetuation and survival of our species.

If the author’s concern truly lies in the wellbeing of children, then his interests are actually in direct alignment with non-heterosexuality and the biological fitness improvements—e.g. contributions to child-rearing, population stabilization—they entail for individuals and our species. In other words, evolutionary theory supports exactly the opposite of the author’s interpretation.

We ought do away with the discriminatory idea of non-heterosexuality as biologically “disordered” altogether. If anything, non-heterosexuality is an astonishing and awe-striking example of nature’s profound capacity to re-order itself as is necessary to maintain stability and homeostasis within its biological systems when chronic perturbations (like human over-population and subsequent anthropogenic pressures on the Earth systems) occur. Heterosexuality and non-heterosexuality may actually be best understood as akin to the black and white daisies of James Lovelock’s Daisyworld, existing in an interdependent and reciprocating dynamic stability.

Rustmann claims that his belief that non-heterosexuality is “disordered” is rooted in science, not theology. But this is an attempt to disguise religious values as scientific. His reading of science is undergirded by blatantly religious values and teleological dogmatism contrary to Darwin’s evolution. In short, his interpretation of science is incorrect. Moreover, he altogether ignores the ought/is distinction, imports religious values onto flawed scientific reading, and conflates the ethical dialectic and the legal-normative dialectics insofar as he claims his objection is an ethical one but then argues that society ought to institutionalize anti-non-heterosexual religious values as law (OK Q711, DOMA, etc.).

5) Religion and religious values in society

Within society, recall, there are—among others—two distinct dialectics of relevance here: the ethical and the legal-normative. Religious values are usually permissible in the ethical dialectic—and moreover, I should be clear, I have no inherent objection to faith in religious mythology. Faith in religious mythology is, after all, an especially resilient vehicle for values and ethics that make life feel meaningful and worth living—perhaps even more so than faith in secular mythology.

But in the legal-normative dialectic of the United States—i.e. what should be legal or illegal in the US—we cannot simply ignore Constitutional Law and permit the entrance of religious value. By the First Amendment, it is unconstitutional to establish religious values as law. Freedom of religion does not mean the freedom to force your religion on others. Legislators “shall make no law respecting an establishment of religion.” Banning same-sex marriage on the basis of religious values precisely constitutes an unconstitutional establishment of religion. If marriage is an exclusively Judeo-Christian heterosexual institution, then marriage should not be a legal institution, but a religious one, about which, again, the Constitution forbids the legislative establishment.

The author also says he would be fine with civil unions or something of the sort for non-heterosexual couples. But civil unions as a solution to the marriage discrimination problem don’t go far enough, and are, moreover, unconstitutional under the Equal Protection Clause. Ultimately, civil unions for non-heterosexuals are a mere façade of socio-legal equality. Civil unions to side-step the marriage discrimination problem is no better than a revitalization of Separate But Equal doctrine pertaining to non-heterosexuals. And just as Separate But Equal was wrong regarding race, so too is it wrong regarding sexuality and genderism. If Rustmann wants to reserve “marriage” for heterosexuals, then, legally, as far as the government is concerned, every marriage should be no more than civil union and should be equally available to all adult citizens of any gender or sexuality.

In yet another strange and furrowing turn of argument, the author also contends that non-heterosexuals already are socio-legally equal and that “the definition of marriage should not be changed […] to any other definition.”

“LGBT people do have socio-legal equality,” he argues. “They are perfectly welcome to marry just like any other adult person. However, marriage requires one man and one woman. If they don’t want to be joined with a person of the opposite gender, then they should not get married.”

This sort of exclusionary criterion for legal matrimony is obviously not equal. Marriage equality does not mean the freedom to join with a person of only the opposite gender. It means the freedom to join with a person of your choosing. Limiting that choice to a person of the opposite gender is a blatant, harsh, arbitrary, and capricious limitation of that freedom. Moreover, insofar as the author opposes changing the definition of marriage, laws like Oklahoma’s Question 711, DOMA, and California’s Proposition 8 do exactly that; they change the definition of marriage to explicitly exclude non-heterosexual couples. This is not freedom, and it is not equal.

Freedom is a fundamental value about which Rustmann and I likely both agree. In other words, freedom–the conservation of personal liberty, autonomy, and self-determination—is important. But for him, freedom comes with an asterisk. Freedom with regard to marriage is reserved for heterosexuals—even more so, fertile heterosexuals willing to “on-record declare that they are open to having children.” Excluding non-heterosexuals, the infertile, the elderly, or those uninterested in procreation from the freedom to marry who they love if they so choose is outright antithetical to freedom. It seems all but obvious that, for freedom’s sake, it is important that allies of the non-heterosexual community continue to contest pieces of legislation like Question 711 and those who support them.

Discourse as optimism

As enumerated toward the top, this debate centers on several fundamental divergences about perennial philosophical questions. By definition, perennial philosophical questions are irresolvable in an absolute sense. But discourse is itself reason to be optimistic. We ought regularly and openly subject our views to the scrutiny of others. Only when we can amiably, and with mutual respect, engage in the process of open public dialogue will we be able to ameliorate the tensions and problems of society. Indeed, this responsibility falls to all generations, but I am especially confident that the present rising generation—we Millennials who will soon ascend to seats of power in the world and control, to what extent we the can, the trajectory of humanity—will be able to make a difference. Of course the extent to which we can control the human condition is quite limited, but some social and political aspects of human life are within our purview. And I rest with a hopeful assurance that we as people, if ultimately unified by being human together, are open-minded, thoughtful, discursive, respectful, tolerant, and politically engaged enough to respect and preserve the socio-legal freedom and equality of all people—not despite, but for their differences.

On non-heterosexuality, religious absurdity, heteronormativity, human dignity, love, and freedom

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A friend of mine—in reaction to Oklahoma Federal Judge Kern’s overturning a ban on non-heterosexual marriage—recently authored a blog outlining his condemnation of homosexuality and disapproval of the current trajectory of Western marriage culture. Ordinarily I would just shake my head and move on, but this particular instantiation of dogmatic heteronormative religious anti-queer ideology is so utterly rife with contradictions, non-sequiturs, equivocations, conflations, hypocrisy, platitudes, and empty distinctions unconvincingly presented as redeeming or reconciliatory that I simply cannot stomach remaining silent.

His post begins with an especially empty and confused distinction: “We should not disapprove of people as a class. […] We must always make a distinction between the person and their actions. We disapprove of the actions, not the people.”

This distinction is nonsense. Of course there is an obvious difference between a person and her or his actions—the former is a performer and the latter is a performance—but with regard to the regulatory goals of anti-queer rights advocates, the actor and action are inseparable. Action does not exist in a void. Action presupposes an actor, so to condemn an action concurrently and necessarily condemns the actor. We do not oppress or socio-legally imprison actions, but the people who act. Actions do not have inherent rights to freedom and self-determination, people do. It is not the freedom of an action that anti-queer advocates aim to curtail, but the freedom and agency of, not just one class of people—the queer community is not monolithic—but numerous classes of people; all classes of people except heterosexuals, in fact. There is no practical difference between regulating the action and regulating the actor in this case. You cannot criminalize a person’s natural mode of being and expression of agency without criminalizing the person.

Also, as a writing teacher I feel compelled to point out the lack of grammatical agreement between the singular “the person” and the plural “their actions” in the aforementioned quotation.

The author goes on to say that his disapproval of homosexual actions actually comes from love, and that we “must always love and accept people [original emphasis]. In fact,” he continues, “in order to truly love someone, we have to disapprove of things that hurt them as people. Homosexual actions are contrary to the dignity of the human person and thus we must always disapprove of such actions.”

Contradictions and mistakes abound. Let’s deconstruct each of the three premises individually:

Premise 1: “We must always love and accept people [original emphasis].”

Counter-argument 1: If you “love and accept people,” then you must love and accept them for who they are, not who you want them to be. Otherwise you’re not accepting, but rejecting their identities. And non-heterosexual identity is precisely that: identity. Non-heterosexuality is fundamentally intertwined in the selfhood of non-heterosexuals. You cannot separate the two and purport to love and accept one but not the other. To think otherwise is an error.

Premise 2: “In order to truly love someone, we have to disapprove of things that hurt them as people.” (Note again the lack of grammatical agreement between the singular “someone” and the plural “them as people”).

Counter-argument 2: To begin, the notion of “truly lov[ing] someone” is a loaded and problematic one. By who’s truth should “true” love be judged? Who’s to determine whether one person’s love is more or less true than another’s? Is love even the kind of thing that can be “true” or “false”? False love—should such a thing exist—it seems to me, would not be love at all, but deception. The author suggests that “true love” is contingent upon disapproval of harmful things; in other words, disapproval of harm or hurt is the criterion he proposes for distinguishing “true love.” This is a specious, capricious, and arbitrary criterion. To what measure of hurt does he refer? In what sense is non-heterosexuality hurtful? In no way apparent to me does non-heterosexuality cause harm to individuals or society. If anything it’s the opposite. For non-heterosexuals, non-heterosexuality is not hurtful, but a means of flourishing. Non-heterosexuality and non-heterosexual love are equally natural, beautiful, admirable, defensible, and commendable expressions of the human condition as heterosexuality and heterosexual love. Only in context of intolerant dogmatic archaic religious ideology is this equality contestable. And only in said context is non-heterosexual socio-legal equity contested. The argument that “in order to truly love someone, we have to approve of things that enrich or fulfill them as people” is made just as easily—and I think more convincingly. If anything, the denial of such enrichment or fulfillment constitutes harm or hurt, in which case, by the author’s own logic and criterion, if we truly love all people, then we must disapprove of those who disapprove of non-heterosexuality.

Premise 3: “Homosexual actions are contrary to the dignity of the human person and thus we must always disapprove of such actions.”

Counter-argument 3: I agree that we ought disapprove of actions contrary to human dignity, but homosexuality (& other forms of non-heterosexuality) and homosexual (& non-heterosexual) actions are not contrary to human dignity. Non-heterosexuality may be contrary to fundamentalist Christian doctrine or other anachronistic universalist religious dogma, but it is not contrary to human dignity. In fact it’s exactly the opposite. Denying freedom, self-determination, and social equality to human beings because of antiquated mythological religious ideology is contrary to human dignity. Human dignity means being free to live and express one’s natural identity without oppression or discrimination insofar as said lifestyle and expression brings no harm or socio-legal imprisonment to others. The liberty and expression of non-heterosexuality has nothing to say about religion and does nothing to limit the freedom of religious zealots, but the socio-legal institutionalization of uncompromising anti-queer fanaticism moves precisely to limit the freedom of non-heterosexuals. By Mill’s Harm Principle, the former is obviously permissible, and the latter is both impermissible and ethically repugnant.

The author next attempts to hedge or mask his distasteful condemnation of non-heterosexuality by saying that “We need to always treat homosexuals, regardless of their life choices, with charity and love, WITHOUT [original caps] condescension, patronization, or moral arrogance.”

This rhetorical attempt to placate the queer-community and its allies is socially intolerant hypocrisy at its finest. There are several problematic components of the above claim. First, the author makes a category mistake in asserting that being homosexual (and presumable anything other than heterosexual) is the kind of thing about which one chooses. Non-heterosexuality is not a choice, but one of countless natural dimensions of the human condition. Non-heterosexuality is not a “life choice,” it is simply life. Furthermore, to treat non-heterosexuals as pariahs, reject their natural identities, and support the prevention, revocation, or demolition of non-heterosexual socio-legal equality is, in no way, to treat non-heterosexuals with charity or love. And what, on grounds of ancient religious dogma, is advocation for non-heterosexual socio-legal inequality if not moral arrogance? Is it not moral arrogance to arbitrarily claim that non-heterosexuality is contrary to human dignity? Is it not moral arrogance to inexplicably argue that non-heterosexual actions are hurtful or harmful and that, in effect, the religious community knows what’s best for all people—especially non-heterosexuals? Moreover, to reject non-heterosexuality, deny non-heterosexuals socio-legal equality, espouse oppressive, exclusionary, and discriminatory religious myth as if it were simple fact and then call it love is both offensive and antithetical to the very idea of love and smacks with precisely the condescension and patronization which the author argues the anti-queer cause should avoid.

The author then—referencing Judge Kern’s reasoning that the sanctity of marriage and the encouragement of procreation are not valid or logical reasons to ban same-sex marriage—in a profound non-sequitur moves to argue that the rejection of non-heterosexuality somehow entails a narrow teleological prescription about heterosexual marriage; namely, that the purpose of marriage is to have children and that he “would be in favor of limiting marriage to couples who have to say on record that they are at least open [original emphasis] to having children.” This is an absurd—remarkably inane—line of reasoning. What of love? What of commitment? What of legal rights of access and decision-making power that come with marriage? What of inheritance and the social securities that marriage entails? Are these not valid reasons to marry? What of the infertile or the elderly or those uninterested in having children of their own? What of couples who would prefer to raise adopted children while in wedlock? The author now not only wants to preclude the socio-legal equality of non-heterosexuals, but to limit the freedom of all people who do not share his precise ideology. “The stability of our society” depends on it, he argues.”Just a suggestion, America.” I can think of no more appropriate term for this than fascism; for as Sinclair Lewis so aptly stated, “When fascism comes to America, it will be wrapped in the flag and carrying a cross.”

Marriage is a human institution, not a Christian one. It is a social and civil right of all citizens of age and sound mind, not a privilege of heterosexuals, the devout, or those bent on reproduction. Marriage is a natural human freedom to take the long walk with someone for whom you care deeply and with whom you wish to build a life of mutual devising, together. Freedom is essential to American prosperity, not its curtailment or the institutionalization of discrimination, inequality, inequity, exclusion, and oppression on the basis of outrageous dogmatic ideology rooted in ancient religious mythology. Love, sex, commitment, shared experience, partnership, cooperation, and companionship—these are among the aspects of being human that make life worth living, and in no way are they—nor should they be—reserved for the close-minded, the bigoted, the hyper-religious, or the heteronormative. Life is an opportunity to live together with the people important to us, regardless of sexual orientation, gender, fertility, or religion. That is what’s worth protecting—worth fighting for—and that is what the stability of our society depends upon. Of this I have never been more sure.

The ethics of rising sea level (I)

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Rising sea level: Inevitability and responsibility

The physics of climate change—the greenhouse effect—are well established. As the Sun blasts the Earth with energy, the Earth absorbs some of it and reflects the rest. Then, depending on surface conditions and the composition of the atmosphere, more or less of the reflected energy makes it back out to space. But if the atmosphere gets in that reflected energy’s way because it’s full of carbon, for example, it gets reflected again back down at the Earth. Since much of that energy is heat, global temperatures go up. Just like an enormous greenhouse. Meanwhile, the Sun is still blasting the Earth with energy and the process continues.

Photo courtesy of the Florida Sierra Club

Photo courtesy of the Florida Sierra Club

The Earth functions much like an organism. Certain homeostatic processes are physiochemically determined. If the system overheats, symptoms start to develop as the system adjusts to stabilize itself. For humans, we might sweat, feel light-headed, lose consciousness, or worse. For the Earth, landscapes change, ecosystems adapt, weather gets more erratic and intense, land ice melts, the oceans expand, and, in turn, sea level rises.

Climate change and sea level rise

Climate change means many things—uncertainty among them—but the relationship between global temperature and sea level is straightforward. When the planet cools, sea level drops, and when it warms, sea level rises. This happens for two reasons: 1) the thermal expansion of water and 2) melting land ice.

The former means that as heat diffuses from the atmosphere into the ocean, the volume of the ocean—the literal space between the water molecules—increases. If that’s not intuitive, think of steam rising from boiling pot of water: if you add enough heat to water, the space between the molecules increases so much that they fly apart and into vapor form.

As for the latter, you can probably guess Antarctica’s role.

As Antarctic temperatures rise, the West Antarctic Ice Sheet will continue to melt, the amount of water in the ocean will increase, and sea level will rise. For obvious reasons, any amount of sea level rise poses problems for coastal communities everywhere.

Photo courtesy of WaterSISWEB

Photo courtesy of WaterSISWEB

According to the Potsdam Institute for Climate Impact Research and Proceedings of the National Academy of Sciences (PNAS), we can generally predict 2.3 meters of sea level rise for every °C increase in average global temperatures over the next 2000 years, more than a third of which will be attributable to the melting West Antarctic Ice Sheet. By that math, even if the world manages to keep global warming within 2°C (which is doubtful), we can still expect sea levels to rise by nearly 15 feet.

You can click on the map below and zoom in to see for yourself what the world looks like with 15 feet of sea level rise.

Map courtesy of CReSIS

Map courtesy of CReSIS

In North America, 15 feet of sea level rise would mean cities like New Orleans, Miami, New York, and Boston are flooded, as are sizeable portion of the Yucatan Peninsula and Alaskan coast. Around the world, Bangladesh and the Maldives, large parts of South East Asia, Northern Europe, much of the Amazon Delta, and the northern coast South America would be underwater.

Though I use hypothetical language, it is important to be clear that some degree of sea level rise is now inevitable. Given present atmospheric carbon dioxide levels, the relevant question is not if sea level will rise, but when, and by how much?

Expectations and inevitabilities

To put expectations in perspective, FEMA’s most recent assessment projects sea level rising by more than a meter by 2100. Miami, the Maldives, the southern tip of Vietnam, swaths of Indonesia, and the mouth of the Amazon Delta are flooded with just one meter of sea level rise.

Southeast Asia with 1m of sea level rise--Map courtesy of CreSIS

Southeast Asia with 1m of sea level rise–Map courtesy of CreSIS

Here’s a world map of 1 meter of inundation for reference.

And it won’t stop then or there.

Atmospheric CO2 concentrations measured in April 2017 logged around 409ppm (updated May 2017). The last time there was this much carbon in the atmosphere was the Pliocene—3 million years ago. The Pliocene was significantly hotter and sea level was more than 20 meters above what it is today. Given the amount of carbon already in the atmosphere, in coming centuries as the Earth’s natural feedbacks to carbon forcing play out, we are likely justified in anticipating something like Pliocene-era sea levels.

With 20-25 meters of sea level rise, the map looks very different.

North America with 20m of sea level rise--Map courtesy of geology.com

North America with 20m of sea level rise–Map courtesy of geology.com

Here’s an interactive map tool you can use to check out various amounts of sea level rise.

In the United States, 20 meters of sea level rise means the state of Delaware, California’s bay area all the way to Sacramento, the entire edge of the Gulf Coast (Houston’s port becomes the coast and much of Louisiana goes the way of Atlantis), and the bottom third of the Florida Peninsula are all underwater. Elsewhere in the world: Shanghai, Bangladesh and the Maldives are long since submerged.

Southeast Asia with 20m of sea level rise--Map courtesy of geology.com

Southeast Asia with 20m of sea level rise–Map courtesy of geology.com

But it could be much worse depending on how global climate policy evolves and how the West Antarctic Ice Sheet and other stocks of land ice respond to climate change.

Catastrophic sea level rise

For sake of thought experiment, let’s consider the catastrophic scenarios projected by the IPCC’s A2 and A1F1 emissions pathways, putting us somewhere between 800 and 1000ppm CO2 by 2100. These worst-case scenarios mean that eventually, as Earth systems respond over centuries to come, we reach Eocene conditions—a world entirely without ice. Without ice anywhere on Earth, sea level sat more than 100 meters higher than today. The map tool only displays up to 60 meters of sea level rise, but that should be motivating enough. Just consider it a conservative portrayal of Eocene-era sea levels. BuzzFeed also recently issued some interesting depictions of what the world looks like without ice.

North America with 60m of sea level rise--Map courtesy of geology.com

North America with 60m of sea level rise–Map courtesy of geology.com

There are good reasons to think that this is bad, or at least undesirable, in and of itself. Maybe we want land ice to exist for its own sake. It might just make us feel better to know that glaciers are out there. Moreover, perhaps we have an obligation not to destroy the natural condition and function of the Antarctic ecosystem, even if not for the ecosystem’s sake but out of respect for Antarctica inhabitants’ right to habitat.

Relevant concerns, to be sure. But the human implications of catastrophic sea level rise are more than disturbing enough to warrant the catastrophic hypothetical. With Eocene era sea levels, cities flood the world over, many coastal countries are submerged entirely, and hundreds of millions of people lose their homes.

Asia with 6m of sea level rise--Map courtesy of geology.com

Asia with 6m of sea level rise–Map courtesy of geology.com

In the United States, the Gulf and Southeast Coasts are fundamentally reshaped. Florida is completely submerged, the Mississippi Delta consumes all of Louisiana and extends into northern Arkansas and Tennessee, and Georgia and South Carolina lose large stretches of eastern territory. Bangladesh and much of India, vast amounts of Northeastern China, Indonesia, Malaysia, Vietnam, the Philippines, all of Denmark and the Netherlands, as well as much of Northern Germany including Berlin are entirely flooded.

Europe with 60m of SLR

Europe with 60m of SLR

Some nations like the US and China have large amounts of inland territory into which their populations can move (albeit still at huge costs), but many do not. Many people, Bangladeshis for example, will lose their entire country in the catastrophic scenario. This raises several questions.

Bangladesh with 60m of sea level rise--Map courtesy of geology.com

Bangladesh with 60m of sea level rise–Map courtesy of geology.com

Where should people of entirely submerged nations go? How should responsibility for adaptation assistance be divided? Should neighboring nations take on climate refugees simply because they’re closer, or should nations with greater contributions to climate change or greater ability to pay shoulder more of the responsibility?

The forced migration of countless individuals to new regions within and without their own nations—i.e. population displacement—is perhaps the most obvious ethical dilemma presented by the catastrophic scenario. Bangladesh is commonly considered with regard to the catastrophic sea level rise and population displacement because it is densely populated and especially vulnerable to rising sea level.

Moreover, Bangladesh’s cumulative and annual contributions to climate change inducing greenhouse gases are negligible. Compared to the United States, Europe, India, and China, Bangladesh is not, in large part, complicit in causing climate change, the melting of land ice, or the rise of sea level. That Bangladesh bears little responsibility for causing climate change and its impacts on sea level, yet shoulders the most extreme conceivable consequence is intuitively objectionable by most common conceptions of justice, wrongdoing, rights, and fairness. And if we were to weigh the marginal benefits of industrialization against the resulting change in climate and sea level rise, it would be a strange calculus indeed that rules the prerogative to continue burning fossil fuels over and above the global costs of lost coastal territory and massive population displacement.

Continue reading to Part II

The conservative confusion

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I am conservative. But I am not a Republican. Why? Because a large faction of today’s GOP is desperately confused about what being conservative really means.

What does being “conservative” mean?

In fact, much of the United States seems confused about what it means to be “conservative.” The confusion is understandable, but the result is a frightening Orwellian conflation and dramatic oversimplification of rhetoric that seriously compromises the integrity of our political system.

Most presume that being conservative means being Republican. Likewise it’s often presumed being an environmentalist means being “liberal” and thus a Democrat. But these presumptions are erroneous and egregious.

Not all conservatives are Republican, and certainly not all Republicans are conservative. The religious fundamentalist, anti-environment, anti-gay, anti-science, anti-women, anti-healthcare agendas of much of today’s radical Republican Party are actually hyper-liberal in some important ways.

On the other hand, the secular, pro-environment, pro-gay, pro-science, pro-women, pro-healthcare platforms of many Democrats are ultimately rather conservative.

Being conservative, in a pure sense, means believing in conservation on two main fronts: 1) the conservation of individual liberties and self-determination and 2) the conservation of natural, human, and financial resources. The former amounts to protecting individual freedoms from government overreach—i.e. small government—while the latter pertains to minimizing the financial, environmental, human health, and international risks we take as a society.

It’s also important to mention that being conservative also means being in favor of free markets in a relative sense—but this idea is ultimately subsumed by the principle of conserving resources. And it’s only in a relative sense because no one takes the idea of an absolutely free market seriously anymore. Social Security, Medicare, Medicaid, the Anti-Trust Act, worker’s rights, emergency services like Police and Fire Departments, the Military, and the regulation of the financial industry are staples of our prosperous modern society—and are, in principle, socialist institutions. But no one questions their importance or goodness anymore.

Being in favor of “free markets” really means being in favor of efficiency—which in essence means conserving resources. The laws of supply and demand that govern “the free market” naturally produce efficient outcomes, otherwise known as the equilibrium price at which sellers should sell their goods and buyers should buy them. Prices represent real resources, so buying and selling goods at market equilibrium means conserving resources. Clearly this is conservative—but it’s not necessarily Republican.

The idea that free markets will produce efficient outcomes assumes that prices represent true cost, but we know that in many instances today this isn’t the case. Costs to the nonhuman environment and human psychology are often omitted from pricing schemes, as are costs to future generations and distant populations. True cost is also often obfuscated by government subsidization.

Fossil fuels, for example, would be vastly more expensive if costs to future generations, costs to the nonhuman environment, and costs to distant populations were taken into account when determining price—and government subsidies help keep the wool pulled over our eyes by further reducing the direct costs of fossil fuels for consumers. If the price of fossil fuels represented true cost, renewables would be far more competitive than they are, and in turn we’d be consuming far fewer fossil fuels to sustain our energy-intensive way of life. In other words, we’d be conserving more of our fossil fuel resources and conserving environmental quality. Insofar as Republicans support the continued subsidization of fossil fuels, they are certainly not being conservative about the conservation of resources or the environment. It takes a profound level of cognitive dissonance or hypocrisy to call oneself “conservative” and then simultaneously support federal subsidies for one of the most profitable industries in human history. Democrats who support subsidizing fossil fuels aren’t being conservative either, but Democrats generally don’t campaign on conservative rhetoric.

Hyper-liberal Republicans

Somehow, baffling as it may be, Republicans today have convinced the country that being reckless with the environment, opposing women’s and gay rights for religious reasons, taking enormous financial risks (e.g.—paying for wars with credit, forcing a federal budgetary shutdown, deregulating the financial industry, etc.), cutting funding for scientific research while increasing the government’s regulation of scientists, and precluding the provision of health insurance for a huge segment of the workforce are conservative ideas. They couldn’t be more wrong.

Being “conservative” in its historical and etymological sense is more akin to being precautionary or risk-averse about whatever issue is at hand, e.g. – the limitation of individual freedoms by the government, environmental quality and protection, technoscientific progress, etc., than it is to being Republican. In fact, many of today’s Republicans are actually hyper-liberal when it comes to some important issues.

Environmental conservation is conservative

Environmental conservation is a fundamentally conservative agenda. Being conservative about the environment means conserving natural resources and minimizing the environmental risks we take as a society by taking precautionary measures. Preserving biodiversity and natural land conditions makes ecosystems more resilient to changes in the environment—e.g. climate change—which transitively makes human civilizations that are part of those ecosystems also more resilient. Environmental protection is both conservative and in our best interest insofar as conserving environmental quality is both good for us and good in itself.

Sustainability, renewable energy resources, and wilderness conservation are all fundamentally conservative positions in that they conserve natural resources and the state of the natural world. Despite the fact that the EPA and several hallmark environmental statues were passed by Republicans, environmental protection couldn’t be further from most Republican platforms today. The problem is that many of today’s Republicans talk as if being pro-environment is synonymous with being anti-business or anti-economy.

In reality, even command-and-control environmental regulation incentivizes innovation and ultimately conserves the very natural resources upon which business builds itself. Without natural resources, business would have nothing to work from. Moreover, the need today for environmental limitations on corporate freedom (i.e.—environmental rights) is just as obvious as was the need for labor rights during the Gilded Age and early 20th century. Certain human and environmental abuses and exploitations by unregulated industry are simply unacceptable by any modern standard of justice.

Opposing women’s and gay rights is not conservative

Republicans generally oppose same-sex marriage and abortion rights for religious reasons. But while these oppositions may be traditional, they certainly aren’t conservative. Setting aside the fact that legislating religious values is illegal and unconstitutional in this country, regulating away people’s freedoms—whether that be the freedom to marry who you love regardless of gender or the freedom to control your own reproduction—is big government by definition.

When it comes to issues as private as what happens in our bedrooms and within our uteri, Republicans today actually advocate flagrant government invasions of personal privacy and freedom—and think they can get away with calling themselves “conservative.” In fact, they’re just the opposite. Whether for religious or secular reasons, the limitation of individual liberty by the government is a liberal agenda.

Religious dogma aside—when it comes to abortion rights, being conservative actually means conserving women’s rights to control their own bodies, putting self-determination over and above the government’s right to dictate women’s lives. Abortion is taking a life (if life doesn’t begin at conception, then when?)—but it should be legal and it should be rare.

Likewise, same-sex marriage is actually both conservative and traditional. It may not be part of the Christian tradition, but Christianity is not the only relevant tradition pertaining to marriage. Legalizing same-sex marriage means conserving and protecting the rights of all citizens to deviate from heteronormative sexuality from big government. Moreover, same-sex marriages represent monogamy—a traditional conservative value. Banning same-sex marriage, on the other hand, as many Republicans have sought and some succeeded, is an obvious big government move.

Health insurance is conservative

While the Affordable Care Act may create a government mandate, its purpose is ultimately a conservative one. Insurance is a fundamentally precautionary endeavor. Insofar as being conservative means being precautionary about risks—human health and economic alike—taking public action to protect the health of our citizens and thus our workforce works on both fronts. At the end of the day, national health insurance means safeguarding both the health of our citizens and the strength of our economy (considering how much labor is lost to otherwise treatable illness).

Moreover, the argument that we “shouldn’t have to pay for someone else’s healthcare” doesn’t hold water. By buying into any insurance plan—public or private—we are, by definition, paying the bills of our provider’s other patrons whenever we aren’t using our insurance. What’s more, hospitals are already legally required to treat emergency room patients regardless of their financial status, and when those who can’t pay receive treatment, the costs are distributed to the rest of us. If anything, we’ll conserve both human health and economic resources by making sure that everyone has health insurance. Health insurance is conservative. And let’s not forget that we are all legally obligated to have car insurance and no one thinks that’s a bad thing.

Being anti-science, anti-education is not conservative

Finally—and I talked about this at some length in Congress’ assault on knowledge—if being conservative means reducing financial risks, then it’s also safe to say that being conservative about how we invest our nation’s money should mean making safe investments. In contrast, the anti-science anti-education positions personified by climate science-denying, NSF-defunding zealots like James Inhofe and Lamar Smith are polar opposites of safe-investment logic.

Scientific research and public education are among the safest investments society can make. The benefits of an educated workforce are clear. Educated workers are likely to be more efficient, more innovative, more industrious, more entrepreneurial, and more promotable. Likewise, the returns on investment in scientific research are often immeasurable and unforeseeable. Scientific progress is piecemeal, serendipitous, experimental, and unpredictable. While scientific progress can be twisted to serve evil purposes, the positive social gains of scientific R&D are all too obvious. Yet Republicans today seem bent on imposing dramatic cuts to science and education funding, while simultaneously increasing regulatory strictures on scientists and educators; the Inhofe-Smith agenda smacks of big government and flies in the face of safe-investment logic.

Reclaiming conservativism

Many Republicans today are not conservative. In many cases, the Republican Party seems to be a strange blend of hyper-liberal value-driven anti-science religious fundamentalism (“let’s legislate away women’s and gay rights, defund and over-regulate the NSF, and deny the simple physics of climate science!”) and radical xenophobic neoliberal anti-environment social Darwinism (“let’s disenfranchise the poor, minorities, and immigrants—who cares if they get sick?—and do away with as many environmental protections as possible!”). In no way are these conservative positions. And in no way should many of today’s Republicans be allowed to call themselves conservative. If anything, the secular, pro-environment, pro-gay, pro-women, pro-healthcare, pro-science politicians out there should reclaim the word “conservative” for true conservatives and true conservativism. Let’s get it together, humans.

Our new hydroverlords

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The image below is one of four precipitation models published by the National Center for Atmospheric Research (NCAR) that together forecast extreme global drought less than 50 years from now as a consequence of climate change. What follows illustrates predicted global precipitation levels in 2060-2069 assuming a moderate greenhouse gas emissions scenario as defined by the International Panel on Climate Change. Moderate.

Climate prediction map 2060-2069

Precipitation Model with Climate Change: 2060-2069

Take a moment to let all the purple, red, and yellow sink in. These are Dust Bowl conditions and worse. Take another moment.

It is difficult to emphasize enough the gravity of this predicted drought. We should all keep the above image in mind when we consider the value of water. Water is fundamental to the existence of life as we know it. Not just human beings. All life on Earth. For obvious utilitarian and deontological reasons, by the land ethic and the difference principle, by the precautionary and proactionary principles, and by our natural moral sense, water is of the highest non-arbitrary value and it is our responsibility as constituents of the human world and of the Earth itself—if we even entertain such a distinction—to do everything in our power to prevent and prepare for this possibility.

Pause to consider what it would mean for governance, for geopolitics, for the world if we fail to curb climate change beyond this moderate GHG emissions path and simultaneously 1) fail to implement and enforce the universal human right to water as recognized by 122 countries of the UN in 2010, and/or 2) consent to the privatization of water resources by multi-national corporations. I, for one, would not welcome our new hydroverlords.

What’s worse, the map shown above is only the third of four models. The fourth model extends from 2090-2099. Brace yourself for the purple: Precipitation Model with Climate Change: 2090-2099

Water resource management, conservation, and preservation will likely fall into their own compartmentalized regime complexes—as discussed by Keohane and Victor—fragmented from other initiatives focused on mitigating and adapting to the various impacts of climate change. According to Keohane and Victor, there’s reason to be optimistic about the capacities of this regime structure. But simply adapting to new conditions of water scarcity equates to treating the symptom rather than the disease. While adaptation is absolutely necessary, we must simultaneously confront climate change at its source: human greenhouse gas emissions (carbon dioxide, methane, nitrous oxide, etc.) and the several positive feedback cycles that global warming entails.

Atmospheric carbon dioxide concentrations alone are currently around 397 parts per million (ppm), which essentially guarantees an increase in average global temperatures of ~4 degrees Fahrenheit (~2 degrees Celsius). What’s more, unless we reduce GHG emissions by ~80%, we can expect the increase in average global temperature to be even more dramatic.

Confronting climate change means one of two things (and maybe both, but probably not—the former would render the latter largely unnecessary and the latter would likely preclude the former). We must reduce greenhouse gas emissions through 1) an immediate significant reduction in energy consumption or 2) a techno-scientific revolution in renewable energy, energy storage, energy transmission, transportation, agriculture, infrastructure, manufacturing, and architecture.

Coupling either approach with reforestation and afforestation projects would be a good idea too, especially considering the Brazilian government’s recent report that deforestation in the Amazon has actually gotten worse since May of 2012.

In all likelihood, the future holds an increase in energy consumption, not a decrease, so we must—at some level—prepare ourselves to rely on faith in Julian Simon’s infinite resource of the human mind to spark the large-scale techno-scientific advances that the climatic consequences of our industrial behavior demand. We must have faith in progress, despite the paradox therein. A daunting task, to be sure, but we have little choice as we have collectively agreed, both implicitly and explicitly, that the Good Life is an energy intensive one. The climate challenge is upon us. If we are to progress, we must progress toward sustainability—and hopefully to a future with more water than NCAR has predicted. Let’s get it together, humans.

jmk

Are we lobsters?

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I am not a Constitutional law expert, but I have had a fair amount of legal education between my BA in Government and MS in Environmental Policy—and I’m sure I’ll receive more as I move through my PhD. For a while I’ve been reluctant to even mention the recent espionage and whistle-blowing controversies surrounding the Patriot Act, the Foreign Intelligence Surveillance Act and its 2008 amendments, NSA, PRISM, FBI, DOJ, Bradley Manning, and Edward Snowden because of, let’s say, ethical questions I had yet to flush out for myself. But in light of recent events I feel I can keep my silence no longer.

The Constitution of the United States of America is, I believe, among the most successful manifestations of secular liberal Enlightenment political philosophy. Obviously its amendments have had some good work done to them since the 18th century (slavery, suffrage, prohibition’s repeal, presidential term limits, etc.)—but why has it been so “successful”?

Loosely, because the Constitution represents one of those rare cases where what is legal also happens to be what is moral. Far too often morality appears smothered by the technicalities of law, but our Constitution is an exception to the common and unfortunate division between legality and morality—the gap between principle and policy.

We are a people of principle. Many codified as amendments, many as implicit social obligations. Among our implicit principles “is the first responsibility of every citizen to question authority.” Franklin’s adage is especially true today concerning the state of the 4th, 5th, and 8th amendments of the Bill of Rights.

The 4th amendment protects us from unreasonable searches and seizures by the government. Generally, for the government to extend its hand into the privacy of a private citizen entails a rather involved process of obtaining a warrant via probable cause for said search or seizure. But in the wake of FISA, the Patriot Act, warrantless wiretapping, and domestic communications surveillance, this precept is no longer seems so straightforward.

However, according to an opinion handed down by the Foreign Intelligence Surveillance Court, such domestic surveillance activity under FISA is unconstitutional, re: the Fourth Amendment. The DOJ tried to keep the ruling under wraps, but a DC court has now ordered the pertinent FISC opinions to be released under the Freedom of Information Act. DOJ fought it, but then reluctantly agreed to release redacted versions of the documents. So we’ll see what those look like.

Driving this point home even further, former White House Green Jobs Advisor Van Jones recently affirmed the existence of domestic spying programs despite the President’s reassurances on the Tonight Show that no such programs are in place. Jones says we should be trying “balance” domestic spying rather than “pretend like there’s no balancing to be done.” Presumably, the “balance” he’s referring to is one between the Executive’s prerogative to spy on Americans and our Constitutional right to privacy.

Before moving on to the federal government’s abuse of the 8th amendment, I’d like to mention a potential bright spot pertaining to the 4th amendment. A federal judge, Judge Shria Scheindlin declared New York City’s “stop-and-frisk” law to be a practice of unconstitutional unreasonable search and seizure. Scheindlin also brought the 14th amendment’s equal protection clause into her opinion because stop-and-frisk has been notorious for indirect racial profiling. However, the Judge only ordered that stop-and-frisk be reformed, not abolished altogether. If, for instance, police are equipped with body-worn cameras to deter wrongful conduct on their part then the law could be permissible. In any case, Bloomberg will certainly take Scheindlin’s judgment to the appellate court, so again, we’ll see what that ends up looking like.

Next, the 8th amendment—our protection from cruel and unusual punishment—is also taking fire. Bradley Manning wasn’t convicted of aiding the enemy, so he escaped the death penalty, but before his trial ever took place he was subjected to morally questionable “suicide watch” treatment. Manning was regularly stripped of his clothing, vision, and left in the dark while imprisoned before he was ever convicted of anything. It is an unnerving reality, to say the least, if authorities are allowed to treat pre-trial prisoners, military or not—who are, at that point in due process, still innocent until proven guilty—as if they had already been sentenced.

Thirdly, a recent US Supreme Court decision—Salinas v. Texas—that largely snuck in under the radar of mass media has broadened the Constitutional permissibility of police questioning. Now, the 5th Amendment gives American citizens the right to abstain from self-incrimination. In Miranda terms, the 5th gives us our right to remain silent. Or so we thought. It seems that the 5th amendment, too, is not so straightforward.

Apparently, according to Justice Alito, writing for the 5-4 majority of the Court, it is a longstanding precedent that our 5th amendment rights don’t apply until they are explicitly invoked by the subject or explained by police in the midst of an arrest. It seems, outwardly at least, that the 5th does not mean “a complete right to remain silent but only guarantees that criminal defendants may not be forced to testify against themselves.” Very well…perhaps this ruling narrows its meaning, but does similar logic apply to other rights? Must we declare our right to free speech every time we speak our minds or else we have no such right to do so?

Finally—regarding the moral elephant in the room—Guantanamo Bay is still open for business, rife with human rights violations ranging from indefinite imprisonment without trial or charges to waterboarding and the use of force-feeding tubes to keep hunger strikers alive for further imprisonment and coercive interrogation. Of course, those imprisoned at Guantanamo are not US citizens, so legally we are not obliged to abstain from cruel and unusual punishment, nor are we compelled to provide a speedy trial, proper representation, or any semblance of due process. Morally, however, have we forgotten that our own Declaration of Independence enshrines the self-evident truth of the equality of all people? Those interned at Guantanamo may not be US citizens, but are they not human beings? Do they not deserve basic dignities simply for respect of their being alive?

Again, I am no constitutional lawyer, but these questions seem increasingly salient. Are our constitutional rights being systematically dismantled? Will we, like lobsters in a slowly warming pot, one day suddenly realize we’ve been boiled?

The whole situation smacks with the acrid taste of principled hypocrisy. If nothing else, we may assert–with more or less safety–that the United States’ moral high ground, our self-proclaimed superior and uniquely American respect for Constitutional and human rights is being, if not already, lost.

Love your country, question your government.

jmk