The Path of Totality

On August 21st, 2017, I had the privilege of traveling with a band of cosmic pilgrims to the Path of Totality. What follows is my account of and reflections on the experience of the total solar eclipse.

As Totality neared, a pale grey-purple haze overtook the land and sky. Shadows became murky, yet emanated a deeper contrast, as if vibrating with detail. A cold wind blew, and then, in an instant, everything stopped; the air, the sounds of birds and bugs and rustling trees, the very pulse of the planet came to an eerie stillness. A dark wave crept over the ground from across the lake until it settled right above us; at the horizon it was like sunset, orange and red, with planets before unseen suddenly bright in the sky. And directly overhead a brilliant white ring with a center of the blackest black stared down at us, like a great empty eye, with its gaze reflecting both the infinite void of the endless universe and a radiant fullness of the unchangeable fact that all of existence is ultimately one inseparable being, timeless; beyond time itself. And as quickly as it came on, dawn broke for the second time in one day, as if to remind us that day and night are not truly two, but one, constantly flowing into one another; one becoming the other, over and over again, forever, in the eternal cosmic cycle of being and becoming—and that we, too, are one; that even when we are apart, we are a part of the same; that even when we are apart, we are always together.

Solar eclipse

Apollo. Ra. Amaterasu. Kinich. Utu. For millennia, human beings across civilizations have worshiped the Sun. The center of our solar system, the energetic source of life on Earth, bringer of day; every being on Earth, through all of history has had an existential relationship with the Sun. None would be if not for it. The Sun, unlike anything else, unifies the human experience; it shapes the very nature of our condition, embodies the passage of time, and moves the causality of life itself. The great cosmic dance of our planet, moon, and humble star radiates the magnificent contingency of our existence and inspires the most fundamental questions of consciousness: Why are we here? What reason explains our existence? What is our purpose?

Human beings are the only animals concerned with the notion of purpose. Its pursuit defines the nature of our consciousness. We do indeed seek explanation for our existence, on one hand, but even more so, we seek its justification. What is the point of our existence? What are we supposed to do? It is from this idea of purpose that we derive our senses of meaning in life – and perhaps, it is the most fundamental of truths that we all want to live meaningful lives.

Ultimately, however, it is unclear that any absolute answer to the question of purpose exists—that there is any certain point to being alive, or that there is any supposed to at all. Grappling with this uncertainty is the very core of ethics: Some suppose that we’re supposed to do our duty (but what is duty?); or that we’re supposed to do what’s good (but what is the good? And for who?); that we should do what’s right or just (right in what sense? And what is justice?); or what’s virtuous (but what is the nature of virtue?); or that all we’re really supposed to do is keep the promises we make to each other (But what are contracts, and what contracts us to them, really?).

Ethics and the question of purpose are a great wheel that will turn forever, as long as human being are the kinds of agential creatures that act and seek to justify our actions to ourselves and to each other – and it seems a fantasy to suppose that we will ever discover or articulate any ultimate or universal answer. Perhaps if we were perfect beings we would be capable of knowing in certainty, but we are inevitably fallible, and in that fallibility we must accept and embrace a certain agnosticism about the purpose of consciousness and the purpose of living. All we can do is suppose and engage in the process of consideration: to suppose and to consider—to think and to judge, and then to act. Indeed, it is the process that makes us ethical beings and gives our lives meaning – not necessarily the answer. The question, in a sense, is the answer:

What are we supposed to do? Never stop wrestling with that very question! The question of purpose makes us what we are. When you strip it all away, all we can say is that we are just the kinds of beings that wonder what we’re supposed to do, and maybe that’s all we’re supposed to be. Maybe that question is, at its core, what makes reflective consciousness what it is.

the thinker

But while the justificatory question of purpose may be unanswerable in finality, the question of explanation is tangible. We may never know for certain the purpose for why we are here, but we can indeed know the explanation—the reason—for our existence, and as human beings have intuited for tens of thousands of years, the Sun is just such an explanation; the Sun explains why we exist. Of course, even material explanation entails is own infinite regress. If the Sun explains why we exist, then it is natural to then ask why the Sun exists – and the material chain of causality can extend as far back as we are willing to ask. We can explain the creation of the solar system, the births and deaths of stars, the origins of galaxies, and, as distant as we have been able to discern, the birth of the universe at the Big Bang. But what explains the Big Bang? What sparked the great explosion of matter and energy from which all of the known universe was born? There are suppositions, of course—an eternal cycle of Big Bangs and “Big Crunches” wherein the universe is forever expanding and contracting on itself; the multi-verse or parallel realities; some see only God as the ultimate explanation of existence—the “Prime Mover” of all that exists and the great chain of causation – the Alpha and Omega.

I have even toyed with an ontological explanation for the existence of existence (though, admittedly, not to much satisfaction); something like: “Existence, by its very nature, must always and only exist because for existence to not exist would make existence non-existence, and for existence to be non-existence would be a fundamental contradiction. Therefore, what explains the existence of existence is the nature of existence itself.”

But none of these suppositions are immune to the prospective interrogation of infinite regress. No matter the origin, we can always proctor successive questions and inquire as to the origin of the origins. And at the end of the day, we may never know. Even in terms of the material explanation, we may have no choice but to accept and embrace, in our inherent fallibility, a fundamental agnosticism about the explanation of our existence. We may never know—and indeed may never be able to know—in any ultimate sense either the explanation or the purpose underlying our existence.

Nevertheless, we need not stare into the face of infinite regress as if it entails nihilistic futility. The privilege of being distinction-making beings is that we can choose the distinctions to which we ascribe meaning. We need not see meaninglessness in infinite regress; infinite regress is just infinite regress, and for no reason should we assume that infinite regress necessarily means meaninglessness about the distinctions we unveil along the way. We need not know in absolute certainty the explanation of the entire universe to understand the relationship between the Sun and Earth that explains the existence of life.

earth sun and moon

To be sure, life would not exist were it not for the harmonious relationship between the planet from which we sprang and star that emanates our essential energy. We owe our very lives to the alignment of the Sun and Earth; and in so knowing that celestial relationship we can derive the values of gratitude, appreciation, respect, awe, and love for the contingencies that explain life’s existence and ultimately unify us all.

Solar eclipses, unlike much else, are significant because they illustrate for us so explicitly, so obviously, the cosmic alignment at the heart of our existence. In the great dance of our solar system, every so often the Moon crosses directly between the Earth and Sun, and in those few, rare moments we feel, more powerfully than is usual, our oneness with the cosmos of which we are a part. We are never not one with the universe, but in the bustle and distractions of modern life, it can be easy to forget the bigger picture of our existence. Sometimes we need reminding of our unwavering universal unity.

The world often seems so estranged from itself and we from each other, so carved up by nations, interests, or politics, so wrapped in discord—and we, in turn, can lose ourselves to a sense of division and alienation. But the unchangeable truth is that, for all our dissensions, we are all here, together, and indivisible in the fact of our existence. And solar eclipses, in all their majesty, evoke in all who experience the Path of Totality a blissful comfort about our fundamental oneness and shared place in the universe.

Nothing can ultimately separate us, for even when we are apart, we are a part of the same, and thus, we are always together. And where we are together forever, we can be together, in love, for all eternity.

So honors the Sun Sage: To the Sun god, the Earth, and Moon—and the cosmic ecology to which we owe our existence.

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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”

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.

The problems of society – Part one: The normative question

The state of nature, for lack of historical evidence, is really just a thought experiment. But it’s still useful. I’m thinking about the period of human existence before any complicated society had come about. There must have been a time when the human way of life was still similar to our primate next of kin, at least for a little while; something along the lines of Rousseau’s natural man.

Suppose, for the sake of metaphor, that the state of nature is a simple hill.

As the human brain, and in turn, consciousness, memory, and symbolic communication, developed over the course of evolution, human beings must have, at some point, begun to ask the fundamental normative question that emerges with complex self-awareness. I imagine the first human ancestors to stumble upon the normative question experienced something like this: I realize now that I am conscious, and I have the sense that I can choose to act. So…what should I do?

Generally speaking, asking what should be done amounts to asking what is worth doing. The normative question projects the expectation that there exists a purpose with some intrinsic or consequential value that makes it worth taking on. Positing should therefore presupposes value, for it’s only by the presupposition of worth that normativity is possible. The question doesn’t assume a particular value, however. It can only assume that value, as an abstract possibility, exists. If the normative question were to assume a particular value, then that would mean that a judgment has already been made, as particular value is inherently a question of judgment. But the normative question is supposed to be prejudgment. So the question can only assume that value judgment itself is possible. It puts an “insert value judgment here” into the normative equation.

The mind can answer the normative question in two ways. It can conclude that there is no purpose worth its effort, and no action would occur. Or it can be motivated to act by the particular value of some purpose, and action ensues. What purpose in particular someone decides is worth pursuing is really just a variable. It is a subjective, arbitrary value judgment. So it could be anything. What’s important is that conscious action, when it occurs, is motivated by some purpose, the end of which has some perceived intrinsic or consequential value.

But this is only an account of conscious acts. A conscious act is an action consciously motivated by a subjective value judgment. Some things, of course, we just do with no real conscious involvement. These actions are unconsciously driven. An unconscious act is an action motivated by the value of fulfilling an objective condition. They are acts including foraging for food and drink, searching for mates, and sleeping. Like conscious acts, these also fulfill certain purposes and carry normative force. But these purposes are not based on arbitrary value judgments. They are based on non-arbitrary value, as they address our objective biological necessities. Unconscious acts are motivated by non-arbitrary purpose with non-arbitrary value. This non-arbitrariness is why it is so shocking when people make it their objective to not fulfill these purposes, like hunger strikes, vows of celibacy, or staying awake indefinitely.

Engaging with non-arbitrary purpose accounts for much of the human experience. Like any other animal, biological necessities are the main motivation for behavior and constitute the majority of our daily cycle. But in between birth, foraging for nourishment, searching for mates, sleeping and death, there are pockets of time that we restlessly seek to fill with purposive, and thus meaningful, activity. This restlessness stems from the nagging existential nature of the normative question; we long for meaning and significance. It is in these pockets of time that we create purposes for ourselves based on subjective, arbitrary value judgments that make our lives feel meaningful.

So, let’s return in our minds to the image of the simple hill. Prehistoric human social life likely originated around the collective fulfillment of non-arbitrary purposes, and in the process of securing those objective biological needs, they developed common arbitrary values and behavior. There is no way to really determine how that process played out, but the end result is that people live in proximity to one another, have common arbitrary values and exhibit similar behavior based on collective social norms.

These common arbitrary values are like philosophical seeds planted in the simple hill. Eventually, the seeds sprout roots and, through the proximate habitation of people and the collective evolution of arbitrary values, become established social norms. These constructions then grow into a complex trees, which branches off into different aspects of society that we call social, political, and economic life. However, because humans aren’t perfect, the various trees and branches will have their imperfections. These imperfections are the problems of society. They are problems like social inequality, political insolvency, vast wealth gaps, violent conflict, and ecological destruction. Such ecological destruction includes but is not limited to diminished biodiversity, global climate change, habitat destruction, extensive air and water pollution, deforestation, and the anthropogenic overwhelming of several of the Earth’s elemental cycles (Carbon, Nitrogen, Phosphorus, etc). Because environmental quality is intimately linked to the fulfillment of objective biological necessities, ecological degradation, in particular, is a problem of the highest fundamental importance and priority. To not prioritize overcoming the ecologically destructive trends of human society is a case where the pursuit of an arbitrary purpose and value obstructs the fulfillment of non-arbitrary purpose and value.

Most often, people try to solve the problems of society by tending to the branches themselves, pruning the immediate problems that are plainly in view. This is a worthwhile strategy. But, frequently we reveal that the policy solution to one problem has ripple effects that cause other problems which must then be addressed with polices that themselves have ripple effects that cause problems, and this continues indefinitely. This Sisyphean phenomenon is not necessarily a fault, it’s just one of the conditions we have to think about. Our lives are just too short for the extent to which we can manipulate our environment. We don’t live long enough to see the ripples of our actions touch the shore, so often we act with a false sense of impunity. The long-term effects of a generation’s decisions aren’t felt until latter generations, after all. The pruning method, however, is not the only option.

There are two routes that can be taken toward solving the problems of society, and they should both be used. It’s just difficult for one person to do everything at once, so one chooses. We can prune the problematic branches we can see, or, trace the problems of interest to their common, less visible root value. In the latter option, the strategy is to apply a subtle change to the root and use the ripple effects to help ameliorate a cluster of problems at once. I am partial to this strategy, in particular, to solve the cluster of problems referred to collectively as environmental degradation.

We cannot forget that the real commonality between all of these environmental problems is human activity. But we can’t help being human. Certainly none of us asked to exist. It just happened. We can’t change what we are, or that we feel internally compelled to behave in some way. So the environmental problems that arise from our behavior must be addressed through paradigm and behavioral shift. A reversion to primitive living or asceticism are not a realistic solutions. A less radical change is the appropriate response.

Problematic conscious actions are motivated by some conception of purpose with an underlying arbitrary value, so if changing paradigm and behavior is the solution, the solution can be attained by changing the motivating root value. But the root is below the surface. It hides as an unconscious assumption beneath a vast majority of our conscious actions, making it difficult to identify, much less change. With time and attention, however, one notices common threads and can identify the root value of the problem cluster of interest. The method is as such: first, identify the target problem cluster. Next, find the common paradigmatic and behavioral link between the various problems. Then, identify the common value motivating the problematic activity. Once the common value is known, the question becomes how we should tweak it to improve the problem cluster. This requires understanding the value in the context of its evolution. Given the proper context,  the appropriate tweak reveals itself.

Continue to Part two: The paradox of progress…