The activity of politics, the engagement of compromise in a system of law, is a bit like sex.
One important way, I would argue, is that you often get back as much or more satisfaction as you are willing to give.
Generosity in sex and politics benefits everyone.
Having the generosity of heart to listen thoroughly and then give the benefit of the doubt to someone who disagrees with you and the ability to cleary state your opponent’s position without the flourishes of commentary tends to create a good civilian, a good neighbor, a good friend.
It is with that type of generosity that I will respond to David L. Tubbs’ article in which he reviews Martha Nussbaum’s “From Disgust to Humanity: Sexual Orientation and Constitutional Law”. I want to be empathetic and understanding towards Tubbs for it is only with human compassion that any society may become more peaceful.
To support generous exchange, it is helpful to avoid assigning labels that the other person does not gladly identify with themselves. To say one is ‘liberal’ or ‘conservative’ says little but means much in the code of poor political exchange. Such labels function only to conjure stereotypes and alert to when one does not need to be taken seriously. Am I liberal? No. Do I strive for justice and equality through law? Yes. You might then say I’m a ‘strict constitutionalist’! The labels we ourselves rely on at times will fail us. That is why we must keep the most important ‘label’ in mind: we are all human. We are complex, self-contradictory, fragile, loving, and deserving of love and respect.
Disgust is a universal human emotion. It is one of the few universal facial expressions. Disgust has close alliance with morality and religion and has a valid place in our emotional palatte. There are good reasons why our core sentiments, morals, emotions, and religious aspirations occur in us. I encourage folks to check out
Jonathan Haidt on morality:
http://people.virginia.edu/~jdh6n/
and Pascal Boyer on religion:
http://en.wikipedia.org/wiki/Religion_Explained
We don’t need to write off people who experience disgust or diminish their lived experience or dehumanize anyone because of their religious belief. I would never be my intention nor do I believe Nussbaum’s. I am sorry that Tubbs feels that Nussbaum through her description of a ”politics of humanity” is excluding him for it “does not embrace all of humanity, but only certain groups favored by academic liberals.”
I do not know exactly what Tubbs wants as far as an “embrace” but if he means ‘accept and respect as a human’ I myself extend that to him and all those who disagree with me.
I myself and I suspect Nussbaum also would not propose to seek to legally restrict Tubbs’ or anyone’s beliefs. I will however always argue for personal freedoms up to the point of demonstrable harm or reasonable suspicion of risk to create harm. I say this as a response to Tubbs’ point about the difference between religious belief and religious conduct.
Nussbaum states in her book that a plurality of sexual orientations can co-exist in a free democracy just like religion and Tubbs states that just as the religious rite of peyote smoking has been ruled illegal, so is there no legal impetus to assure that every sexual orientation is accomodated by law.
While this example is not valid for rights of LGBTQ individuals since peyote use is not exempted because of reasons of harm but of its drug classification, it does bring about a good point that I hope Tubbs can hear:
Many advocates of liberty and equality in America do not wish to change your ideas about homosexuality. That may be a goal of some, but it is largely a fool’s errand to try to change anyone. The idea or belief that sexual identities should be limited in their expression is fine–it can co-exist with other ideas in a free society. The conflict arises when the free society is threatened. It is only the fight for equal standing for all Americans that is the case. I am quite certain that if LGBTQ individuals and communities were not marginalized, discriminated against, and bullied as they are, they and their allies would nary think about those who thought they were ‘wrong’.
I am sorry that advocacy for Constitutional protection, personal liberty, and equality among all Americans is seen as an affront or diminishment by some. It will be a step forward when Americans will experience the flourishing of their neighbor’s life and a flourishing of their own.
Generosity of spirit has an interesting economy about it: the more of your compassion and understanding you extend to another, the more you have to continue giving. Freedom follows a similar rule: the more others have, the more you have also. This is the inverse of Emma Lazarus’ “Until we are all free, we are none of us free. “
See Tubbs’ essay here:
http://spectator.org/archives/2010/12/02/the-politics-of-humanity/print