Society

Religious Schools and LGBTI Rights: a Delicate Balance

Note: a slightly different version of this article recently appeared in Engage.mailthe monthly online newsletter administered by the Evangelical Alliance’s Ethos think-tank. 

Introduction

The rancorous debate concerning religious freedom and the rights of the LGBTI community has produced several troubling side-effects, not least of which has been a tug-of-war over language. Take the word “discrimination”, which is now contested linguistic and conceptual territory. While all sides acknowledge that invidious discrimination can occur in the public sphere, many LGBTI activists are convinced that to make distinctions on the basis of sexual expression or gender identity – even those grounded in a wider system of religious beliefs – constitutes action that is, by its very nature, unfair.

I have been reminded of this repeatedly over the past year or so, as a series of disputes concerning LGBTI students and teachers in religious schools continues to smoulder. On one side stand religious liberty advocates, who argue that a faith-based school should be permitted to hire or dismiss staff according to its guiding system of values. On the other side are LGBTI activists and their allies, all of whom are equally convinced that such practices are intrinsically unjust and stall the liberationist enterprise. I don’t doubt the sincerity of many of those fighting for what they view as the fundamental rights of gays, lesbians, transgender people and so forth. Moreover, on the question of LGBTI students in faith-based schools, I’d suggest we’re largely in agreement. Even in the case of teachers, the issue is not, for example, sexual orientation per se, but competing lifestyles and value systems. But having said all that, it’s difficult to avoid the conclusion that there exist many activists who cynically weaponise the language of discrimination to subjugate their ideological opponents.

Demands that anti-discrimination laws be broadly applied to religious schools – institutions that have traditionally enjoyed exemptions from this legal architecture – have grown more strident. Brandishing placards and shouting their slogans, advocates decry religious schools choosing not to employ LGBTI teachers as an illegitimate expression of religious freedom. For them, all further discussion is foreclosed. Advocates passionately insist that, if a teacher’s primary role is to educate students according her specialty, then other attributes (e.g., homosexuality and any resultant conduct) should be seen as immaterial to the inherent requirements of the position. Any attempt to deny employment on such grounds is a manifest example of invidious discrimination and religious bigotry. This fervent activism is buttressed by the more sober reflections of advocates for reform in the legal profession, who attempt to argue upon jurisprudential grounds that faith-based schools should enjoy only the narrowest of exemptions in this domain.

The marriage of white-hot ardour and cool rationality forms a potent mix. And to be fair, the debate is not helped by current legal uses of the word ‘discrimination’ and its scope. Mischievous though some activists may be, their position is inadvertently reinforced by the way religious exemptions to such laws are currently articulated. As at least one commentator has observed, saying that religious institutions ought to sit outside the bounds of relevant anti-discrimination legislation invites the idea that the religious have been grudgingly given a reprieve from what is otherwise deemed to be objectionable conduct. This likely gives succour to some people calling for such exemptions to be repealed. But even if one concedes that the framing of current legislation is inadequate, it’s still true that, in prosecuting their case, many LGBTI advocates – whether sincere or cynical – who denounce religious schools appear to elide the distinction between legitimate and illegitimate instances of discrimination.

The purpose of faith-based schools

The real question, then, is not whether religious freedom entails freedom of discrimination per se, but what kinds of discrimination are appropriate or fair. Should a faith-based school be permitted to distinguish between staff on the basis of particular types of sexual conduct (or the promotion thereof)? Or does such permission implicitly endorse decisions that are manifestly cruel and bigoted?

It is here that an account of what religious schools are, and what they seek to achieve, is germane. For a religious school to hire teachers according to their adherence to the school’s guiding ethos is, I would argue, neither unfair nor invidious. Rather, it represents the natural sequel to the foundational principles supplying the institution with its raison d’etre in the first place. Such practices are critical if a religious educational institution is to maintain its specific identity. It is difficult to see how one could disagree with the proposition, considered generically, that a faith-based school should be given some autonomy to employ staff that will, in both confession and conduct, uphold the institution’s governing philosophy.

On this view, pedagogy is about far more than merely the transmission of discretely-packaged information to students. Religious educational institutions exist in part to convey such information within the context of a religiously-grounded worldview, and to engage students in a process of moral formation according to the tenets of the traditions they represent. Obviously, such a project will not always succeed: many students leave such schools unchanged, or may even repudiate the institution’s teachings entirely. But this oft-repeated reality has nothing to do with the principle at issue. For those schools that have been self-consciously established to communicate the ethos of a particular religion (apart from the task of instructing students in the various subjects common to all schools), it would seem self-defeating not to try and employ educators who can successfully embody them.

In the case of, say, conservative Christian institutions, this will likely mean upholding certain standards concerning sexuality and sexual identity. Faith-based schools seeking to imbue the life of their community with the values of their grounding tradition will normally do so through the conduits of teachers’ lives (among other means). Thus, if their goal is to uphold the particulars of their religious worldview, and doing so is partly achieved through the modelling behaviour of staff, then whether or not a person’s life reflects those values is deeply relevant. None of this is unique to faith-based schools, either. A moment’s thought will reveal that institutions of all types make certain demands on prospective members and stakeholders as way of maintaining their identity. Take political parties, for example. Would it be illegitimate for, say, the Liberal Party to continue formal association with a member who suddenly began espousing Marxist ideology? Similarly, would the Greens be wrong to expel someone – or refuse to hire them in the first place – if that individual were a so-called climate ‘denier’ and an enthusiast for fossil fuels? If these are legitimate forms of discrimination (owing to the character of certain beliefs and behavioural traits), what makes religious institutions any different?

Just how important is the issue of sexuality, really?

So far, so good. However, while some LGBTI advocates accept certain forms of differentiation, they are likely to maintain that one’s sexuality should be largely immune to discriminatory action. The Human Rights Law Commission offered an example of this distinction, seen in their submission to the relevant senate inquiry last year. Lying behind the claim seems to be the notion that sexual orientation and gender identity aren’t relevant to education at a faith-based school in the way, say, that creedal differences are, for they allegedly lack the defining importance of belief in Christ’s divinity or Muhammed’s supreme prophethood. But this assumes precisely what is at issue. To contend or imply that a person’s sexual mores are immaterial to their job as an educator in a religious context presumes without warrant that such conduct lies outside a given religion’s central doctrines – a minor piece of adiaphora, as it were.

I can’t speak for Jews, Muslims and other religionists who may bristle at the thought of faith-based schools being compelled to hire people whose lives fail to embody their traditions. But orthodox Christianity would regard such a view as deeply unsatisfactory. Even if the expression of one’s sexuality does not sit at the heart of the Christian faith – a privileged locale reserved for such distinguishing claims as God’s triune nature, or the atoning sacrifice of the God-man, Jesus Christ – it is far from trivial. After all, the book of Genesis has God create man and woman, who are called to bind themselves to each other in a union of sexual complements (Genesis 1:26-28). That this passage lies at the very head of the biblical narrative, prior to the catastrophic irruption of sin within creation, implies that it is a special part of the Creator’s originating vision for those bearing his likeness. Indeed, the creative endowments of human beings – seen most uniquely in the intrinsic capacity to generate new life – crucially reflect God’s far superior creativity. A glance at the New Testament reinforces the significance of this design. Its pages reveal both a renewed endorsement of that vision, as proclaimed by Jesus himself (Matthew 19:4-6), and a denunciation of same-sex erotic relationships as a particularly clear manifestation of humanity’s disordered nature and conduct (Romans 1:26-27).

Obviously, these points would need to be fleshed out in greater detail, and I don’t expect everyone to agree with their underlying assumptions. However, on a Christian analysis, sexuality and sexual expression are indelibly tied to our status as God’s image-bearers and the divinely sanctioned order we are meant to inhabit. For those reasons, questions of sex take on heightened significance, concerning as they do the degree to which one’s life reflects that order. Indeed, an orthodox Christian view of sex recognises it as a key manifestation of a particular anthropology (i.e., what humans are) and a particular cosmology (i.e., the created framework within which humans must conduct their lives). Gendered complementarity in human sexual relationships is, in other words, something that has been woven into the fabric of creation by God. As the Eastern Orthodox writer and cultural commentator, Rod Dreher, notes in his book, The Benedict Option, to live contrary to the divine will in this regard doesn’t simply break a set of ancient taboos. Rather, it constitutes one’s failure ‘to live in accord with the structure of [created] reality itself’.

All this is to say that, in the context of a Christian educational institution, the sexual relationships of its teachers cannot be dismissed as of little importance. Nor can it be condemned as a rationalisation of the basest kind of bigotry. We do well to return to my earlier, general comments concerning the goals of such schools. Efforts to permeate their corporate lives with the religious principles on which they were founded must logically include the ethical and behavioural demands that flow from them; anything else simply drives an artificial wedge between the cognitive and practical dimensions of the faith. And given that one of the key means of transmitting this ethos to students is via their embodiment in staff, adherence to the standards of orthodox Christianity is hardly irrelevant. Quite the opposite, in fact: conformity to a Christian ethic is inseparable from maintenance of a religious school’s peculiar identity, such that the inherent requirements of teaching roles extend beyond mere pedagogy and discipline-specific knowledge, and into the domain of Christian praxis.

The imposition of state-sanctioned beliefs: an intolerable outcome

To be sure, we have lately witnessed the splintering of the Western church on the issue of sexuality. Consensus on this question is rapidly eroding. But even if there exists internal dispute over the importance of sexual conduct to Christian faith, there is no compelling reason why the state should arrogate to itself the task of determining the proper contours of a particular religion. Writing his dissenting opinion in Christian Youth Camps v Cobaw Community Health Service some years ago, Redlich JA trenchantly noted that the Victorian Supreme Court was not properly trained to assess whether opposition to homosexuality was a key doctrine of the faith-based group concerned (p.13):

Neither human rights law nor the terms of the exemption required a secular tribunal to attempt to assess theological propriety. The tribunal was neither equipped nor required to evaluate the applicants’ moral calculus.

Secular state officials are manifestly ill-equipped to judge theological and doctrinal matters. Moreover, they lack the requisite ‘insider’ knowledge to be able to weigh the relative importance of creedal claims. But heeding calls to end exemptions to anti-discrimination legislation would lead to precisely this kind of judicial oversight. Anyone who values the institutional separation of church and state (where ‘church’ is defined somewhat more broadly) should be alarmed by this proposal. Such advocacy, if successful, means inhibiting a religious entity from articulating and embodying its governing ethos. In other words, it entails the encroachment of government institutions upon sacred territory traditionally regarded as verboten, that is, fundamentally impermissible. I don’t know how else to describe this but as an assault on religious liberty and a subversion of our modern pluralistic culture. If, as a society, we’re willing to permit religious educational institutions to make employment decisions based on their grounding principles, then this surely includes some latitude in regard to which principles are to be used as a framework to guide those decisions. The alternative simply invites interference by external authorities in what ought to be the free expression of a religious worldview.

Tackling another illegitimate distinction

The argument I have tried to delineate also has a deflationary effect on another distinction some advocates attempt to make – namely, between positions in a religious school that are connected with ritual observance or doctrinal teaching, and those that aren’t. This could be called a form of meta-discrimination, with only one type of role being susceptible to a process of discriminatory action. Again, the HRLC provides a ready example of this cast of mind (p.18): it recommends rescinding exemptions to the Sex Discrimination Act in most instances, whilst permitting ongoing differentiation/discrimination when it comes to conventional ‘religious’ roles. Behind these respective suggestions lies the apparent assumption that there exists a fundamental difference between positions involving pastoral care, religious observance and the like, and those that don’t (pp.16-17).

Unfortunately, the suggestion introduces an artificial disjunction into the understanding of religion generally, and faith-based schools specifically. For serious adherents of any religion, manifestations of spirituality are not confined to particular acts of ritual or devotion. Such activity, while central, is only one component in the complex web of faith. For Christians, say, one’s allegiance to Christ is not simply a case of verbal confession or cognitive belief. Nor is it exhausted by overt expressions of religious observance. Rather, it is meant to be worked out in the mosaic of everyday life, shaping the believer’s approach to everything from work and friendships to time and political participation. And, as I have already indicated, a religious school seeks to inculcate just this comprehensive understanding of faith – a task that is, once again, partly achieved through the embodiment of that faith in school staff. Their comprehensive approach to education means that positions within such institutions cannot be distinguished so simplistically.

It’s true, of course, that some roles might be more directly identified with the architecture of the school’s governing religion. Chaplaincy comes to mind as one obvious example. But it does not follow from this that other staff members may not be called upon to exhibit the virtues of the faith, provide (informal) pastoral care to students, offer general vocational advice within the context of Christian faithfulness, answer a student’s awkward questions, or attempt to situate various domains of knowledge within a Christian worldview. What I have argued concerning faith-based schools and their constitutive goals indicates that any attempt to starkly divide ‘religious’ and ‘non-religious’ roles is forced to rely on a false dichotomy – one recognised by most serious adherents as unfaithful to a holistic, integrated expression of religion.

Conclusion

Earlier, I noted that the language of discrimination is often used in cynical fashion by some LGBTI activists. Notwithstanding the presence of genuine, good-faith differences between advocates on either side of the issue, brandishing the word “discrimination” has the (often intended) effect of de-legitimising the views of religious liberty advocates before they have been properly aired. But this isn’t the only unwelcome consequence. LGBTI activists also succeed in corrupting portions of our language by using words like “discrimination” so cavelierly. History has repetedly shown that when words become the handmaidens of nakedly political projects, the prospects for open, rational discourse — discourse committed to the pursuit of truth — rapidly recede. That is something no one should want, even those who are prepared to conscript language for their own ends.

Where do we go from here? The victory of the Coalition during Australia’s recent Federal election seems to have had a retarding effect on the activist tide. Indeed, several analyses have already appeared, partly attributing the Australian Labor Party’s loss to the party’s alienation of large swathes of religious people. This may force the party to re-assess its attitude to matters of religious liberty and to adopt a more nuanced understanding of the issues involved – rejecting barely-concealed disdain (see 7:11-7:50 in this Q & A segment) for people of conservative faith, and recognising the electoral value in taking them seriously. I hope this is the case, and that such concerns will now receive bi-partisan support. If Australia is to maintain its status as an authentically pluralist society – in which mutually irreconcilable views and practices nonetheless exist in relative harmony – then I think a robust re-commitment to such freedoms is the most sensible path forward.

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A Listing Ship: the Modern-day Liberal Party

Some rambling thoughts on the Australian Liberal Party’s current malaise…

The Liberal Party’s Identity Crisis

With each passing day, it seems harder and harder to discern any kind of coherent philosophical base uniting the Liberal Party. Even its alleged commitment to small government and the virtues of free markets is more theoretical than real these days. That particular axiom has been hollowed out recently, as the Coalition has sought to retain the favour of the electorate by embracing traditional Laborite, “big government” programmes. Promising to fund bloated schemes of questionable financial wisdom – the NDIS, the NBN and the Gonski school reforms are just three that come to mind – the Liberals have even abandoned any substantive devotion to economic liberalism. This is of a piece with their rather anaemic (non-)defence of key centre-right/conservative values. The party is now languishing in an agonising period of ideological confusion.

The question concerning the Liberals’ governing principles has taken on a new urgency in recent times, as the various ideological factions composing the party – the so-called “moderates” and “conservatives” – have descended into rancorous, internecine debate. This isn’t to say the issues besetting the Liberals weren’t present beforehand; something like this doesn’t just spring up overnight. Clearly, they have been percolating for some years now, with the party’s past two leaders, Tony Abbott and Malcolm Turnbull, acting as standard-bearers for the warring blocs. But the unexplained (not to mention incompetent) removal of the former member for Wentworth has exposed the fact that the present-day Liberal Party is, philosophically-speaking, rudderless.

It’s no exaggeration to say that the party of Menzies faces a crisis, one of existential import. But what has caused this ideological drift? Such a situation, slow to take shape, is unlikely to be mono-causal. Rather, it is the product of a complex confluence of factors, both proximate and distal.

Mapping the Crisis

At one level, the Liberals’ current woes can indeed be seen as a by-product of the party’s apparent inability to reconcile its two main philosophical streams. The increasingly schismatic quality of its internal ructions has obviously had an enervating effect – when any group is this consumed with collective navel-gazing, a period of drift is inevitable. The same-sex marriage debate showcased some of these divisions, with that particular question unveiling deeper fissures concerning the basic direction of the party. Tensions have been intensified immeasurably by the simmering personal feud between Abbott and Turnbull, who came to embody contrasting visions of what it meant to be a Liberal. Partly as a consequence, the party now seems beset by a kind of philosophical inertia, increasingly torn between two ways of articulating conservative/right-leaning politics in Australia. Such conflicts continue to smoulder, not only within the parliamentary party, but also at the local branch level.

Nevertheless, one shouldn’t make the mistake of thinking that this is the sole reason for the Liberals’ problems, important though it is; nor is it the only lens through which the party’s listlessness may be viewed. For several years now, the Coalition has been afraid to advance a principled, coherent, conservative approach to the many issues with which the country must grapple. Instead, it has either evaded those issues outright, or engaged in abortive and half-hearted attempts to give voice to a right-of-centre perspective. Worse, it has wholeheartedly embraced positions that were first propounded by its ideological opponents, and which in many cases undermine the strength of the conservative position. This sad state of affairs is doubtlessly connected to the party’s internal divisions, such that it persistently struggles to present a unified view on a clutch of controversial questions. But one doesn’t have to look too far to find examples of even Liberal warriors capitulating on principle for the (increasingly elusive) prize of electoral popularity.

It might be recalled that it was none other than Tony Abbott – a conservative pugilist, if ever there was one – who on the eve of the 2013 election promised that there would be “no cuts” to education, health, and the like. At best, the pronouncement jarred horribly with what many regarded as basic right-leaning approaches to the role of the state, fiscal rectitude, etc. (even if one ultimately concludes that no cuts were required, how wise is it to blithely promise that much before one has been able to conduct a proper audit of federal spending?). Moreover, it was Abbott who in 2014 abandoned efforts to dilute S18C of the RDA in the interests of some Quixotic goal of uniting all Australians – including Muslim Australians – behind a raft of new anti-terror laws. Once again, conservatives watched in dismay as a putative champion abruptly abandoned another article of (political) faith.

The point of this exercise in recent political history is to suggest that the evacuation of the Liberal Party’s binding philosophy began before many of the internal divisions we have been witnessing came to the fore. Abbott’s uncharacteristic timidity and awkwardness during the debate around S18C is a clear example.

This goes well beyond the events of the previous six months, or even the past five years. As John Roskam, executive director of the Institute for Public Affairs, has pointed out, the Liberal Party has been in a state of ideological flux since the retirement of John Howard after the 2007 election defeat. Writing just after Peter Dutton’s ill-fated attempt to wrest the leadership from Turnbull last August, Roskam observed:

“[It does not] settle the fundamental question the Liberal Party has been grappling with since the retirement of John Howard and Peter Costello. For a decade the Liberal Party has struggled with the question of what should be its philosophy and its principles…”

Roskam went on to correctly note that the Liberal Party has, over the past ten years, embraced a number of economic positions that would make any Keynesian proud (to take just one policy domain). It has increased taxes, expanded the welfare state, and presided over the entrenchment of new and burdensome regulations. Meanwhile, members of the party shy away from several controversial – though nonetheless important – civic debates. The result of this timorousness is two-fold: a now-chronic inability to outline an agenda that can appeal to both intellect and lived experience; and the public’s (understandable) failure to grasp the party’s vision for the country.

In Search of Adequate Leadership

Roskam made an interesting, albeit fleeting, point about the identity crisis with which the Liberal Party has wrestled. It is obvious that the party of the Howard-era was a far more united, far more coherent political body. It was a “broad church”, of course, composed of both social conservatives and small “l” liberals. But with uncanny political nous, as well as an ability to articulate his party’s position in a clear and consistent manner, Howard was able to maintain a degree of institutional and philosophical cohesion – based largely around a shared commitment to economic liberalism – not seen since. Elsewhere, Roskam suggests:

“In simple terms, at the federal level the parliamentary leader of the Liberals sets the party’s philosophical direction and Liberal MPs then follow it.”

Is it a case, then, of faulty leadership? Can the Liberals resolve their painful wrestling by finding an effective “pontiff” who can successfully hold together this broad church, whilst outlining a compelling vision for the country that grounds itself in centre-right principles? Howard achieved this goal with consummate skill as he led the Liberal Party to four consecutive election victories. Whatever one thought of his basic political stance, such leadership is sorely lacking these days. Its absence, and the sense of drift that has ensued, is indelibly linked to the party’s present malaise. The fact that it has now had three leaders since winning office in 2013 – with the third coming to power despite never having explained why his predecessor’s demise was necessary – is perverse evidence of this reality. Although some sporadic efforts towards the construction of a positive agenda have been made, the current leadership of the Liberal Party seems just as diffident as previous iterations. Conversely, a talented leader can draw together the disparate elements of a party in an act of remarkable political alchemy. Roskam’s observation is therefore true in many respects: philosophical cohesion and fidelity to a party’s traditions depend in large part on the quality of the person leading it.

On the other hand, I think Roskam’s dictum may overstate things somewhat, if simplistically applied to today’s context. The political, social, and economic landscape has shifted markedly since John Howard was in office, which I think makes it far more difficult for a centre-right leader to articulate and prosecute his or her party’s agenda. At this point, the Liberal Party is in such a perilous state that it seems incapable of producing anyone who can rise about the intellectual torpor in which it is mired. This isn’t to say that the environment in which the Howard Government found itself was entirely benign; nor am I suggesting that the re-vitalisation of the Liberal Party under a competent leader is impossible. However, it appears that on a number of fundamental questions – questions that go to the heart of what the party stands for – the electorate has either drifted leftward, or fragmented politically in a way that eludes any one party’s control. In such a climate, even the most gifted of leaders is constrained in what he or she can accomplish.

The Economy: A Window into the Liberals’ Woes

Economics, which is so consequential to the Liberal Party’s identity, is a case-in-point. The Global Financial Crisis proved to be something of a watershed in regards to the way a government’s relationship with the economy was conceived. Rightly or wrongly, that catastrophe was attributed by many commentators to the evils of unbridled capitalism – a consequence of the free market’s alleged moral failings. Since then, consecutive governments of both ideological persuasions have adopted an increasingly interventionist approach to economic management. The GFC provided the rationale for the Labor Party to dramatically increase public spending – a trajectory from which its parliamentary opponents have only marginally dissented.

Voters have become habituated to such increases. The notion that government ought to play a relentlessly interventionist role in the economy, or should provide a panoply of income supplements as part of an ever-expanding welfare state (regardless of need), are now axioms of modern Australian life. Note, for instance, the victory of Daniel Andrews’ Victorian Labor government in last November’s election, which was attributed in part to promises of massive infrastructure spending projects. The electorate was impressed by what it saw as an activist government “getting things done”. Unfortunately, such promises carry with them the likelihood of fiscal profligacy – a risk that did not prevent Victorian Labor from notching up a huge win. That win is one sign that the expectation of governmental largesse is now an accepted norm; when such a climate prevails, even the mere suggestion of reform in this domain is a risky prospect. Just look at the discussion around company tax cuts. As current polling data around the reduction of company tax suggests, the public is at best bemused by – and in many instances, quite hostile to – the idea that large businesses should be afforded some relief in this area.

Such scepticism is no longer confined to the progressive side of politics: many on the populist right, for example, hold economic views that are antithetical to a free market philosophy (think One Nation). Though a minority force within Australian politics, right-wing economic nationalism is not negligible. Thus, on the issue of the economy – to say nothing of other urgent questions – the Liberal Party is confronted with a much more malign political landscape. Finally, splits within the party itself reflect what one observes within Australian society-at-large. They manifest themselves in debates around economic philosophy, with some Liberal members calling for a move away from a “dry” approach, in favour of one that is claimed to be more “centrist”. Whether they are genuinely convinced by such notions, or have merely proposed them for the sake of electoral gain isn’t the point; however, a prospective Liberal leader wanting to stake out a distinctive position on (in this case) economics will not only face external hostility, but internal intransigence as well. Fiscal restraint and economic liberalism, meanwhile, continue to dissolve as core tenets of the Liberal Party’s platform. (As an aside, it’s ironic that the Liberals are still castigated for their apparent devotion to a harsh, unsparing economic philosophy, when in so many instances their policy position either mirrors, or merely shifts by degrees, the agenda of the ALP).

What I’m trying to say is that the issues confronting the Liberal Party are institutional and structural. The tectonic changes that Australian society has experienced have made it much harder for a leader of the Liberal Party to offer up an agenda that maintains some fidelity to centre-right principles, whilst also appealing to large swathes of the electorate. The party itself it adrift, having long ago slipped its ideological moorings on the question of the economy; some putative Liberals are being formed by a political culture inimical to liberal economic values, whilst others are advocating an entirely post-ideas approach to political engagement (a meek capitulation if ever there was one). As a consequence, the party faces the reality of at least the partial collapse of a common agenda. This is made all the more acute by a complementary breakdown in a shared conception of authentic centre-right social values, which has now become contested territory.

An Uncertain Outlook

Thus, even if the Liberal Party were to engage in another round of blood-letting – a real possibility if they lose this year’s federal election – there is no guarantee that a leader capable of supplying intellectual ballast could be found, given its parlous state. What’s more, taking the helm of the party now means having to contend with the fact that much of the electorate is either ambivalent towards, or deeply sceptical about, many of the tenets that have traditionally formed the party’s base.

If correct, this means we are left with a sobering conclusion: the absence of clear direction within the Liberal Party (in economics, as in so many things) is not merely symptomatic of political incompetence or a lack of unity, but is a product of the unfavourable historical juncture at which it finds itself. The Liberals must wrestle with the tension of trying to remain a party of (in this case) economic liberalism whilst appealing to an electorate whose mood on that issue has substantially shifted. That tension can be seen in the increasing internal confusion that besets the party, and its faltering efforts to respond to a changing economic landscape. Grappling with deep disagreements over their basic philosophical orientation, the Liberals are now at the mercy of centrifugal forces, both internal and external, that threaten to sunder them entirely.

Herein lies a devilish conundrum. On the one hand, the party of Menzies can choose to bravely unite around a coherent set of values, and hew to those policies that have traditionally formed a core part of its identity. That of course risks an indeterminate period of electoral failure, since the party can no longer rely on a neat dovetailing of economic liberalism and the voting public’s majority sentiments. But on the other hand, if the Liberal Party elects to move (further) away from its natural home on a raft of issues, it only succeeds in raising vital questions concerning its commitment to a distinct, coherent, stable philosophy. Abandoning its governing principles merely for the sake of electoral gain means that it alienates itself from the very thing that supplies its reason for being in the first place. Similarly, if the party seeks advantage by aping the ALP – all the while maintaining a superficial commitment to superior economic management – it merely exposes its own desiccation. Producing a leadership team capable of outlining a credible agenda would form only a partial solution to this dilemma. Given the welter of structural changes over the past decade or so, wholesale reform is beyond the capacity of any one individual. It confronts an uncertain future, regardless of the direction it chooses.

Having said that, the Liberal Party as a whole will probably need to bite the proverbial bullet and re-embrace a principled, centre-right agenda, despite the possible electoral consequences of such a decision. At least on the question of economics, the party will need to be resolute as it tries to persuade a doubting public that relatively free markets, small government, fiscal restraint, strong property rights, and the like, offer the best avenue towards national and personal wealth. This alone is how its identity crisis might be definitively resolved. I’m not saying this will be easy, or that it offers a straightforward path to success. For the time being, at least, I’m fairly certain it won’t. But what other alternative is there, save for a cynical (and so far unsuccessful) attempt to mimic the party’s political opponents? Whether Liberal members are willing to place fealty to principle above such cravenness, however, remains to be seen.

Asia Bibi and the British State: A Story of Courage and Cowardice

Certain events have the power to pierce the veil of banalities comprising modern culture. For some, it will be the revelation of gross corporate malfeasance. For others, it might be the death of yet another woman at the hands of an abusive partner. For me, the case of Asia Bibi, a Pakistani Christian woman recently acquitted of blasphemy in that country, has deflected every other news item vying for my attention. Perhaps it’s because of the manifest, even searing, injustice of Asia’s plight. Or perhaps it’s due to the fact that the story presents itself as one of those rare instances where moral virtue and the purest savagery are so starkly apportioned – an archetypal struggle, in other words, between the forces of good and evil. What’s more, having been irrevocably shaped by the deeper principles at work in Paul’s advice to the Corinthian church – i.e., that we who are in Christ are not disparate individuals, but members of one, united body (1 Cor 12:1, 27) – I am drawn to accounts detailing the persecution of fellow Christians. Whatever the reasons, the case of Asia Bibi (not to mention her husband and five children) has clung to my mind, refusing to let go.

***

Although the facts of this case have become increasingly well-known, a brief recapitulation is not altogether inappropriate. In 2009, Asia – then living in a small village called Katanwala – became embroiled in a dispute with some neighbours over a drink of water. They refused to accept the communal cup Asia had used, citing concerns that she, a non-Muslim, had “defiled” it. In what appears to be a vestigial practice under the pre-partition caste system, Asia’s neighbours argued that they should have been given priority. The dispute escalated as others joined the fray; Asia’s daughter went to fetch her father, but by the time they returned, Asia had been hauled away. Within days, a charge of blasphemy had been issued against her. Asia was convicted by a Pakistani court the following year, and spent the next eight years on death row. During her protracted ordeal, former minorities minister, Shahbaz Bhatti, and Punjab Governor, Salmaan Taseer, were assassinated in separate incidents after they spoke out against the country’s blasphemy laws. One Muslim cleric even offered R500,000 – a sizeable sum of money in Pakistan – to anyone who would kill Asia.

Despite the unremitting attempts by fanatics to enact their murderous ideology, Pakistan’s Supreme Court recently overturned the earlier ruling, citing a paucity of evidence that could substantiate a charge of blasphemy. In a moment of judicial sanity, then, both the original conviction and its accompanying penalty were effectively quashed (albeit on procedural, not principled, grounds). Whatever relief Asia may have felt, however, was fleeting; the verdict sparked waves of unrest, as angry protesters rejected the court’s decision and called vehemently for Asia’s death. This was enough for her lawyer to flee the country. Meanwhile, it appears that Asia and her family have gone into hiding, although it remains to be seen how long they can live without being exposed. The government of Pakistan, headed by former cricketer and lothario, Imran Khan, has struck a deal with one of the country’s main extremist pressure groups, consenting to a review of the court’s decision. Asia and her family are not permitted to leave the country, which has hampered efforts to find them sanctuary. It is no exaggeration to say that their lives are in grave and mortal danger. The desperation is almost palpable: even if the verdict of October 31st is upheld, there is every chance that these beleaguered Christians will fall victim to the barbarous throng now agitating for Asia’s murder. One need only catch a glimpse of such protestors, whether on television or in a newspaper, to realize that they are animated by a near-satanic enthusiasm for wanton violence.

Christian and other non-government advocacy groups have been doing what they can to provide aid and succour to the Bibi family. Needless to say, this has included attempts to arrange safe passage to a Western country that will provide them with permanent refuge. At the time of writing, however, their efforts have yielded very little; reports suggest that the family continues to dwell in a kind of legal twilight, where one’s existence takes on a vaporous, spectral quality. They have now slipped into a rather dangerous liminal zone, with the recent judicial verdict under renewed scrutiny, and an uncertain future confronting them. All the while, Asia, her husband, and their five children have bravely cleaved to the faith they have long confessed, suffering reproach because of their Lord. Their apparent refusal to renounce the name of Christ, even in the face of such undimmed hatred, should shame Western believers who all-too-easily settle for the spurious comforts with which modern culture beguiles and habituates. They are true disciples, having been hardened – purified – by a trial from which most of us would instinctively recoil. Asia and her family continue to persevere in the midst of such opposition, having imbibed the New Testament’s exhortation that believers fix their eyes on Jesus, who himself endured the shame of persecution in obedience to God (Heb 12:2-3).

The case of Asia Bibi hasn’t simply captured the attention of Christians, though. It has also resonated deeply with the non-religious, possessing as it does many of the features that naturally energise activists on all points of the political spectrum. Asia’s plight will excite those on the Left, who tend to sympathize with the asylum seeker and the often-tortuous ordeal he or she is forced to undergo. As for members of the Right, the case reinforces their general propensity towards reverence of Christianity (even if they do not subscribe to its tenets), and scepticism of Islam. It also neatly encapsulates the fundamental significance with which right-leaning observers tend to invest notions of individual liberty in thought and belief. At any rate, Asia’s ongoing trial – via the rancour of the mob, if not the courts – has had a unifying effect: all are agreed that she presents as a clear a case as one would want in a worthy, deserving claim for refuge. As conservative commentator, Douglas Murray, correctly notes, if ever there was a person who warranted asylum, then Asia Bibi certainly does. Only sheer, obstinate perversity could obscure this plain fact.

***

Unfortunately, sheer, obstinate perversity is exactly what at least one government has been practising in relation to Asia Bibi. Assessing the merits of her case, the UK government rather quickly decided that it would not grant her sanctuary. The reason? Asia apparently constituted a security risk. Such a conclusion seems unlikely, to say the least: how could a lone woman from a despised religious minority – one, moreover, whose founder preached and lived out an ethic of non-violence – constitute a threat to the security and integrity of the United Kingdom? Now that’s not entirely fair, and I hope one can detect the sardonic edge in what I have written. The UK government knows full-well that Asia Bibi isn’t a security risk per se. What worries officials, however, is the threat of civil disturbance from parts of the country’s Pakistani Muslim population if it were to offer Asia and her family asylum. It’s not that Asia herself is threatening to harm British citizens, or damage British government property; nor is she the bearer of an ideology designed to incite or promote violence. She merely happens to hold beliefs that some within the UK Muslim community deemed so abhorrent, they were apparently willing to engage in violent* demonstrations against her entry. In response, the government of the UK has thoroughly perverted the term “security concerns”, denuding it of all conventional meaning. It has then essentially applied that phrase – deployed now as a “weasel” term to avoid the demands of basic humanitarianism – to the innocent victim of the vilest kind of mass persecution. Meanwhile, the British co-religionists of those who are still braying for Asia’s death are all but ignored, so fearful are officials of offending their sensibilities. The shameful consequence is that a member of a persecuted minority group is being penalised for the unyielding intolerance of others.

This can only be described as an instance of supreme moral cowardice. One also can’t avoid the feeling that it marks yet another stage in the slow, sad dissolution of Western self-confidence. Acting in a thoroughly supine manner, the UK has effectively succumbed to Islamic extremists living within its own borders, allowing them to exercise an extortionary power over their decision-making processes. The government’s original error was in failing to administer a discriminating, finely-tuned immigration programme in the first place. Even a cursory glance at subsequent events clearly suggests that officials admitted many people whose commitment to the generative values of the West – values like religious tolerance, pluralism, the rights of women or minorities, and so on – was tenuous at best. But having committed the sin of imprudence, UK officials have now compounded it with the sin of moral weakness. Of course, they might well claim that in refusing asylum to Asia Bibi and her family, they have adopted a cautious, prudential approach to a delicate situation. They might also argue that denying sanctuary to an individual – even one who remains perched on the precipice of death – is justified, if that means avoiding the kind of rancorous civil discord that might occur as a consequence. One could be forgiven for thinking that the citation of security/prudential concerns now is somewhat too late; quite obviously, such concerns weren’t operative when UK government officials welcomed into the country thousands of adherents to a particularly virulent strain of Islamic supremacism. Moreover, there comes a point when caution or reserve becomes capitulation – one that the government of the United Kingdom has not only reached, but well and truly crossed.

A second, deeper question presents itself. One might ask precisely what, beyond basic civil order, the government thinks it’s preserving. After all, if a Western state allows any part of its governance to be determined by forces inimical to its own values and norms, then it has already ceded the moral high-ground. For the government of the United Kingdom to refuse entry to Asia Bibi and her family on the basis of what some members of the Pakistani Muslim community might do in response represents a hollowing out of Western norms. The UK government has singularly failed to defend those virtues that have made Britain (along with just about every Western country that exists) such a vibrant, open, and intellectually liberating place – one, moreover, that remains eminently attractive to migrants from all parts of the globe. In surrendering to the moral blackmail of Islamic extremists and their fellow-travellers, government officials have abandoned their fundamental mandate to maintain, not merely the physical boundaries that constitute the United Kingdom, but the unseen lineaments marking out a civilized society. True, they do not bear this burden alone; all British citizens are theoretically charged with the responsibility of enacting and transmitting that heritage. And it should be remembered that the fruits of Western culture aren’t ultimately rooted in the state. But as they control the levers of power – and with it, the entire panoply of laws and regulations that help safeguard that which has already been achieved – government officials can play a special role in either the maintenance or the dismantling of that culture. With this latest move, the UK government has signalled its unwillingness to defend the principles that birthed and nurtured it. Indeed, it has allowed fanaticism to supplant openness, and the dictates of religious bigotry to suppress a spirit of hospitality. If the government of the United Kingdom is so demoralized that it refuses to grant asylum to a single Christian woman – yielding instead to those whose antipathy towards Western values appears boundless – what, then, does it have left? What is it trying to defend, if not those principles and the particular way of life that stems from them? All told, its actions are as self-defeating as they are craven.

***

In the title of this essay, I referred to courage and cowardice. By now, it’s probably obvious that I was referring to Asia Bibi and the UK government, respectively. It almost seems platitudinous to say that Asia has demonstrated immense courage: first, by retaining her faith whilst on death row for eight years; and second, by continuing to confess that same faith, even when confronted with massed rallies calling for her execution. She embarrasses every Christian (including this one) who struggles to eke out a few, gospel-tinged words in conversation, when the only consequences they have to worry about are quizzical looks or polite rejection. But Asia also embarrasses governments like that of the United Kingdom. Those who denied her appeals for asylum have exposed the hollowness of their stated convictions. Yes, it’s true that this grim state of affairs has many fathers: an unfiltered migration system, say, or the growing “Islamification” of certain sections of British society.** None of that can, or should, be ignored. However, primary responsibility still lies with the country’s political elites, one which they have swiftly abdicated. With their protective services, expensive suits and anodyne words, such officials have proven incapable of emulating the kind of fortitude a poor, illiterate Christian woman has repeatedly summoned for the past eight years. The political class has, once again, abjectly failed to embody the values on which it purports to stand. Is it any wonder, then, that across the Western world its members are rapidly losing the trust of those they represent?

I do not want to end things on such a condemnatory note, however. Let us remember that at the heart of this drama lies a Christian and her family, all of whom are suffering for their faith. They urgently need our prayers, our advocacy, and our support. If this essay does nothing else but encourage even one person to act on behalf of Asia Bibi, then my ultimate goal will have been achieved.

*If anyone believes I am making an unwarranted assumption by labelling the predicted demonstrations as “violent”, just remember that the UK government has been so concerned about their occurrence they’ve refused to provide refuge to Asia Bibi and her family. I doubt that anyone seriously expected them to resemble the marches from Selma to Montgomery.

**This is not — I repeat, not — to say that all Muslims present a problem to a stable and peaceful society. Most are law-abiding citizens, interested primarily in forging a more prosperous life for themselves and their families. Furthermore, a number of prominent British Muslim leaders have called on their government to grant asylum to Asia Bibi. This is laudable and needs to be noted. Nevertheless, there appears to exist within the Islamic tradition intellectual and theological resources that foster, legitimise or otherwise sanction violent or intolerant practices. This, combined with the UK’s rather lax immigration system, seems to have led to a raft of issues — of which the present refusal to provide Asia and her family with refuge is just one.

UPDATE: Spiked editor, Brendan O’Neill, has an interesting column on the whole saga. As he and others have pointed out, it appears that it was Theresa May, acting on the advice of officials, who blocked Asia Bibi’s asylum application. O’Neill makes the obvious (though necessary) point that it truly is a scandal: not only did May abandon a persecuted woman to an uncertain fate, she also abandoned core principles underlying Western culture. O’Neill also observes — correctly, in my view — that even if admitting Asia into the country was likely to incite rioting (a sad eventuality that raises urgent questions regarding the composition of the UK’s immigration programme), this was no reason to block her application. After all, acting on principle sometimes entails risk (something I should have emphasised more clearly). If the government of the UK hasn’t actually forsaken its principles, then it’s giving a very good impression of having done just that.

One Same-Sex Marriage, a Conscientious Objector, and Three Failed Arguments (Part Two)

Introduction

A few weeks ago, I began a short series examining several arguments that have been put forward by Australian advocates of same-sex marriage, many of whom think that conscientious objectors within the commercial wedding industry should not be allowed to withhold their creative talents from a same-sex wedding. In my first post, I critically engaged the claim that a dissenting wedding operator is analogous to a racist business owner who refuses to serve certain people based on the colour of their skin. As anybody who read that piece will know, I found the argument sadly wanting, even as I acknowledged that efforts like mine to rebut it aren’t likely to make a substantial difference to the overall trajectory of the debate. Nevertheless, I continue in the hope that conducting discussions on the basis of a shared commitment to reason and civility — not to mention a sincere and open pursuit of the truth — remains a worthwhile enterprise. This is particularly so in a liberal democracy, which can only properly survive if such conduct is not just accepted in theory, but adhered to in practice.

Religious Expression and Journalistic Fallacies

In this post, I want to tackle a slightly different attempt to legitimize restrictions upon dissenting wedding operators. Like the focus of my previous piece, this argument is based on the alleged analogy between opposition to SSM and forms of conduct that are widely (if not universally) condemned. Unlike the analogy between race and SSM, this one is concerned with narrower questions regarding acceptable (and indeed, unacceptable) manifestations of religiosity.

On the day the results of Australia’s SSM plebiscite were revealed, the journalist Michael Bachelard wrote a piece for the Fairfax press, in which he averred that “religious freedom is, and should be, limited”. This basic thesis formed the backdrop to his specific point: namely, that there is no reason to allow a wedding vendor to refuse service to a same-sex couple on the grounds of a sincere religious belief. In fact, he claimed that there are obvious reasons why such practices should be prohibited, and went on to cite several examples of religiously-inspired activity that is nonetheless deemed illegal. Among them were the Jesus People and Children of God (cultish groups that have engaged in the violent sexual abuse of women and children) and certain Muslim sects that practice female genital mutilation (hereafter, FGM). Bachelard seemed to think that because Australian law already prohibits sexual abuse and FGM — even if they are practiced by sincere religious individuals — there exists clear and principled precedent for restricting the ability of a religious wedding operator to refuse to service to a same-sex wedding.

At a glance, the argument appears to be quite persuasive. But in this instance, outward appearance and substantive reality enjoy little more than a passing acquaintance with each other. Beneath its superficial cogency lie several problems, which taken together prove to be fatal. Bachelard’s claimed analogies aren’t really analogous at all, at least in the relevant sense. Quite the opposite: as we shall see, there are a number of crucial differences between Bachelard’s selected examples, and the case of a dissenting wedding vendor.

Excursus: Pre-empting a Predictable Objection (Yet Again)

I will examine those differences shortly. But before I do that, I want to briefly highlight another erroneous element in Bachelard’s argument. At one point, he criticises the (since aborted) attempts by Liberal Senator, James Paterson, to introduce a SSM bill into parliament, which would have given conscientious objectors in the commercial wedding industry the right to refuse service to a same-sex wedding. Bachelard contends that everyone ought to abide by anti-discrimination laws, “in the name of a civilized society, in not discriminating against people for who they are” (emphasis mine). Bachelard wants to say that a religiously conservative wedding vendor who does not wish to service a same-sex wedding is in clear violation of anti-discrimination law — and is, to that extent, engaging in self-evidently unlawful activity, just as the abusive member of the Jesus People is when he molests children.

Such activity would of course be unjust if it were done on the basis of the italicised portion of the quote above. But is someone who refuses to lend his creative talents to a same-sex wedding really “discriminating against people for who they are”? As I sought to show in my previous essay, that refusal is grounded in one’s beliefs about the true shape and nature of marriage. It is not about the identities or attributes of the participants per se, but about the structure of the event in which they are participating. Indeed, as I also demonstrated in that earlier piece, the parties to an event and the event itself are logically distinct; to oppose the latter does not require a person to hold any animus against, or evince bad faith towards, the former. Dissenting wedding operators who have been hauled before judges and anti-discrimination boards have made it abundantly clear that they are more than happy to serve gay and lesbian couples for a variety of occasions. In addition, the recent ruling by a Californian judge in just such a case suggests that not only is a refusal to service a same-sex wedding not a genuine instance of unfair discrimination; being compelled to provide that service may actually constitute a violation of the rights of the wedding vendor in question. So it’s not at all clear that what Bachelard assumes (which is precisely what he does) is correct. This will be important as we proceed, lest anyone reading this is tempted to rest on the facile riposte that conduct of this kind is unjustly — and obviously — discriminatory.

Same-Sex Weddings, FGM and Sexual Abuse: Some Crucial Dis-analogies

Let’s return, however, to Bachelard’s alleged analogies, and why they fail on multiple levels. To begin, there is a wide gulf in the degree of harm experienced by those who have supposedly been wronged. I would argue that the examples in Bachelard’s article are, in fact, vastly different in their effects. For example, a girl who endures FGM suffers injury in a way that a same-sex couple — who might be faced with the indignity of a religiously conservative florist refusing to arrange their wedding bouquets — does not. Apart from the excruciating pain of the procedure itself, a victim of FGM will likely experience a combination of some (or all) of the following symptoms, often for many years: painful periods, excessive bleeding, labour difficulties, infections, urinary problems, unhealed wounds, or even death.  Of course, a same-sex couple confronted with an unwilling wedding operator is likely to feel aggrieved and embarrassed. No one would want to deny that such an experience could well leave one feeling quite humiliated. Nor would one wish to trivialise such experiences. But the question of degree or proportion is paramount. Certainly, it’s difficult to equate that kind emotional hardship — which may be rather ephemeral, depending on the circumstances — with the acute, long-term physical and psychological suffering a young female experiences as a result of a forced clitoridectomy.  The severity of the one is, I would suggest, far outweighed by the other.

This is not to say that such differences are sufficient in themselves to secure dissenting wedding vendors a reprieve (even if they should give us pause to wonder whether Bachelard has been too hasty in grouping these examples together): if publicly manifesting one’s religious beliefs occasions injury (whether physical or emotional), then perhaps it doesn’t really matter how severe or enduring that injury is. One may argue that even if they do differ in degree, they might nonetheless fall under the same broad rubric of “harm”; as such (so the argument might go), they should be liable to penalties commensurate with the severity of the offence.

But in this instance, a difference in degree is accompanied by, and connected to, a qualitative distinction. Whilst measuring the harm experienced by the victim of FGM or sexual abuse is relatively straightforward, at least in legal terms, things are not so easy in the case of a same-sex couple claiming emotional or dignitary harm as a result of being refused service by a wedding vendor. The former case involves material injury to one’s person — in other words, harms that can be publicly identified and verified. They possess a tangibility that injuries associated with supposedly insulting conduct by another person lack. Indeed, the relationship between a certain act and one’s subjective experience of offence or emotional distress is more remote than the tight, causal connection between the practice of, say, FGM and the experience of personal suffering. Whilst the latter is, by its very nature, bound to cause harm, the extent to which the former causes injury is based on the internal states and perceptions of those who may be in a position to make such a claim. This renders the notion of dignitary or emotional injury far more slippery: whilst the consequences of FGM can be readily defined and substantiated, it is much more difficult to obtain proof of emotional harm that can be publicly countenanced.  This is not to say that it does not, in general, exist, or that those making such claims are lying. It is merely to argue that they are far harder to capture legally than actions that quite clearly violate the liberty of another individual by causing material — and, supervening upon that, psychological — injury.

This brings me to a further dis-analogy: that which concerns the distribution of rights and possible harms between the two parties. In the case of religious leaders practicing FGM or sexual abuse, there is a clear, even radical, asymmetry of rights or entitlements. The right of vulnerable individuals not to be violated by the activity of others automatically negates the alleged “right” of the person perpetrating those acts to manifest his religious convictions in this way. The sacrosanct nature of one’s person is part of the bedrock of our legal system. It is regarded as morally and legally inviolable, such that an act that attempts to impinge upon that status is necessarily deemed unlawful. Religious motivation, however genuine it may be, is irrelevant in these circumstances — as are any claims of “harm” that might be “suffered” by the perpetrator if he were compelled to cease his activity. Moreover, whilst the injuries associated with Bachelard’s examples are readily apparent in the case of the victims, corresponding claims made by perpetrators would be so intangible — so indefinable — as to defy verification.

However, there seems to be a much closer balance between the alleged rights or harms of a dissenting wedding vendor and those of a same-sex couple wanting to wed. Whatever rights a same-sex couple may claim in this context, and whatever alleged distress they may have experienced as a result of being rebuffed — these must be weighed against the rights of a person to maintain integrity and cohesion between inner conviction and outward expression. On the one hand, we have noted that claims of emotional injury or dignitary harm are theoretically problematic. Even on the assumption that such notions could be defined coherently and measured intelligibly, it does not follow that precipitating conduct should be penalized (in the way that conduct causing material or bodily harm ought to be). Indeed, as the American legal scholar, Andrew Koppelman (himself an advocate for SSM) has pointed out:*

“The dignitary harm of knowing that some of your fellow citizens condemn your way of life is not one from which a law can or should protect you in a regime of free speech”.

On the other hand, dissenting wedding vendors can also claim that they possess certain rights. Religiously conservative wedding vendors can assert that having to lend their creative talents to a same-sex wedding potentially violates their deeply-held convictions: engaging in activity that implicitly legitimizes a ceremony of which a person disapproves forces them to dis-integrate their views and their conduct. It is at least arguable that the religiously conservative cake-maker (for example) has the right not to participate in something he regards as immoral, in order to avoid complicity. We might recall what I said earlier about the Californian judge, who recently ruled that forcing a Christian baker to bake a wedding cake for a lesbian couple was a violation of her right to freedom of speech and expressive conduct. In addition, Bachelard’s argument ignores the possible harms such vendors may have to endure, regardless of the choice they make. Those who do not wish to participate in a same-sex wedding are, in many instances, confronted with the prospect of two unwelcome alternatives: violate their consciences and sacred convictions; or succumb to often hefty financial and pecuniary penalties.

Active and Passive Manifestations of Religion: A Fundamental Difference

There is one final difference between Bachelard’s chosen examples, and that of the dissenting wedding vendor. In many respects, it is fundamental to the entire debate. It centres on the direction of activity between the two parties, and the asymmetry between passive and active manifestations of one’s (in this case, religious) beliefs. I have hinted at this difference already, in referring to the kinds of violations of which a practitioner of FGM is guilty, but which appear to be absent in the case of a religiously conservative wedding vendor. However, I think it important to flesh this out a little more.

In the case, say, of an acolyte of the Jesus People abusing a minor within their spiritual community, we have a clear example of one individual acting upon another, thereby curtailing his right to liberty and freedom from degrading treatment. Indeed, I think most would agree that the act, by its very nature, violates the victim’s person, and, in most cases, harms them materially. The religious believer in this instance manifests his convictions in an active manner; he commits a certain act against another individual, which necessarily restricts or smothers their rights. In that sense, it’s a zero sum game: the active party imposes himself upon a vulnerable, unconsenting or unwilling recipient, which entails the simultaneous extension and restriction of one’s freedom of action. As I have already noted, it is for this reason that such behaviour, whatever its inspiration, is rightly considered unlawful — and indeed, criminal.

However, the religiously-inclined wedding vendor who refuses to lend his creative talents to a same-sex wedding is engaged in passive abstention. Here, the question of (religiously-motivated) imposition is irrelevant, for it simply does not exist. The vendor seeks to preserve coherence between inner conviction and outward activity, whilst avoiding duplicitous, hypocritical or morally inconsistent behaviour, and does so by refraining from participation in the event. In other words, he merely omits to do something. As the American columnist David Brooks (another advocate of SSM) has recently written, religiously conservative wedding operators who refuse to participate creatively in a same-sex wedding aren’t trying to restrict others’ (in this case, gay) rights; nor are they imposing themselves on other people. They are simply asking not “to be forced to take part” — i.e., they seek leave to abstain from contributing materially to something with which they disagree. Where someone who practices FGM assumes an active, dominant role in the relationship with the victim of such a procedure, a Jack Phillips or a Barronelle Stutzman is simply “withdrawing” from certain activity. This does not affect the hypothetical same-sex couple in the same way that sexual abuse, say, affects its victim: apart from the relative difficulties surrounding the notion of dignitary harm, the couple in this scenario is not restricted or coercively acted upon, as the passive parties in Bachelard’s initial examples most certainly are.

Indeed, whereas the individuals in Bachelard’s opening examples necessarily violate the integrity of another’s person, the same cannot be said of the hypothetical wedding vendor. In arguing for limits to expressions of religious belief, Bachelard presumes that anything less would lead to the unwelcome expansion of pernicious activity, under the guise of maintaining religious liberty (Bachelard even dismisses countervailing calls as “bogus”, clearly implying that those who advocate in this direction are cynically using religious freedom as a veneer to advance oppressive practices). This, of course, would explain why he has framed the debate with examples that most people are likely to see as clear and violent threats to civil liberties. But again, he overlooks key features of the active-passive distinction I have tried to highlight. Religious practices such as FGM and cultish sexual abuse are what we might term inherently “expansionist” — that is, they expand the range of the perpetrator’s activity at the expense of his victim. By contrast, the actions of conscientious objectors within the commercial wedding industry are “preservationist”: as Brooks’ earlier observation suggests, they seek merely to preserve what they believe could be undermined through participation in an event that contradicts their basic convictions. Limiting freedom of religion in the former instances goes without saying, given their active tendency towards the suppression of rights and the generation of suffering. The notion that similar restrictions should be applied to the latter is, at the very least, a contestable proposition.

Final Reflections

Bachelard’s argument is likely to appeal to those who already agree that withholding commercial wedding services to a same-sex couple is an egregious example of invidious discrimination. It’s also bound to appeal to many of the uncommitted, who aren’t likely to ask whether his contention has any merit, or whether it’s fair to group an unwilling baker (say) with child rapists and mutilators of the flesh. In that sense, Bachelard’s not unlike the targets of my last piece on this topic, since they also sought to draw connections between superficially similar acts. Intentional or not, his rhetoric has the effect of circumventing a person’s critical faculties: having first been confronted with examples of religiously-motivated violence, the unwary reader is lured into docile acceptance of the proposition that the sacred convictions of religiously-sensitive wedding operators should be met with the same kind of righteous fury. This is simply guilt-by-association, but without the label.

Lest there be any misunderstanding, I am not arguing that there should be no limits on alleged expressions of religious belief. What I have written here should make that clear. But I also think that there are principled reasons for allowing some religious freedoms whilst disallowing others. That, too, should be clear from what I have written. But the problem, as I see it, lies in the basic orientation of a piece like Bachelard’s. Underlying the words themselves is the fundamentally negative belief that religion is, and has been, a largely malignant influence on society. Whether one is referring to an imam who mutilates young girls or a dissenting wedding vendor, it is important that manifestations of religious or spiritual belief — especially those in the public arena — be kept on a taut leash. That leash, of course, is to be held by the secular state, which (to change the metaphor) must corral such expressions so that the baleful forces of superstition and religious bigotry do not corrode our modern, progressive way of life. If anyone objects to this project, their claims can safely be dismissed as a rear-guard action, aimed at  shoring up the last vestiges of religious privilege. Or so the assumption goes, anyway.

But it’s time to conclude. Despite his own certainty on this question — one might call it a kind of secular zeal — Bachelard’s claimed analogy breaks down at almost every relevant point. He is left with the mere shell of an argument, which not only fails to advance a good-faith dialogue, but positively frustrates it. Unfortunately, given the times in which we live, his offering is likely to fuel efforts that further restrict the right of religious conservatives to live in harmony with their deeply-held convictions.

*Please note that the article to which I have linked was not penned by Koppelman, but by the legal academic, Sherif Girgis, who quoted the same excerpt that I did. It appears the original piece is no longer available for viewing online (it was originally published in the Southern Californian Law Review).

 

Worshiping the “God” of MTD: Modern Idolatry, Ancient Roots

This is a piece I wrote a couple of years ago for a certain magazine, but it was not published. So you, dear readers, may enjoy it now. 

A little over a decade ago, the sociologist of religion, Christian Smith, examined the lives of religious contemporary American teenagers, interviewing, among others, young Christians. What he discovered was very revealing.

According to Smith, most of those he spoke with held views about God and their relationship to him, which, whilst bearing a faint resemblance to the religion in which they had grown up, were, in many ways, dramatically different – owing more to contemporary cultural and spiritual norms than to ancient religious traditions. Smith argued that these beliefs formed a kind of spiritual ‘complex’, and was the de facto (and dominant) religion amongst teens in the United States. Smith christened this phenomenon, ‘Moralistic Therapeutic Deism’ (or MTD for short).

The concept of MTD needs some unpacking. Smith contended that religious teens held to several fixed points in their creed: God, generically defined, wants all people to “be good, nice and fair to each other,” with goodness here being defined in a vague sort of way; God also, governs the world at a distance, though he might not intervene all that frequently; when he does intervene, it is to help people solve problems that confront in their lives; the chief aim in life is to develop a positive self-image – something that God is supposed to guarantee; and that ‘good’ people will go to heaven. For the teens Smith interviewed, these elements were axiomatic, amounting to belief in a laissez-faire god, whose interventions are chiefly therapeutic, who asks people to practice a fairly banal kind of morality, and who guarantees – based upon adherence to that morality – a place of enjoyment in the hereafter.

What was really astounding was Smith’s discovery that most of his subjects had not developed their ideas independently; rather, they had imbibed them from the religious communities of which were a part. This led Smith to contend that they were simply reflections of a wider phenomenon, prevalent in mosques, synagogues and (importantly) churches. If that is so, then MTD encompasses many more people, not just those Smith interviewed.

* * *

Whilst the modern world – with its consumerism, deep individualism and transactional view of so much of life – is particularly conducive to the propagation of something like MTD, we should not make the mistake of thinking that some “golden age” of religion lies somewhere beyond the range of our own historical grasp. And, more to the point, neither Christians individually, nor the church corporately, has been immune to the phenomenon. I am reminded, for example, of the great popularity that the Prosperity “Gospel” has achieved in many putative Christian communities: trust in God, and all your (material) dreams will come true! A generation or two ago, families may have gone to church, not because they discerned a divine summons to be a part of a new, spiritual community, but because of cultural constraints. The real goal, it seems, was not obedience to God, the ground and centre of all that is, but cultural integration and local respectability. Similarly, when Christianity was the dominant civil religion in the West, developing contacts within a local church community could do wonders for an aspiring businessman. Again, God was seen an instrument, and religion merely functional – lacking, perhaps, truth and significance in itself, and reduced to a means towards a more fundamental (in this case, economic) end.

Such a phenomenon stretches back even further, all the way to the very dawning of Christianity. About two decades after Jesus’ death and resurrection, Paul had to wrestle with a raft of problems besetting the church in Corinth. Called to live out a life of holiness and obedience before the God that had liberated them, the Corinthian Christians had tried to fuse the Gospel with pagan ideas of religion and spirituality. Far from seeing the Gospel – and the God who stood behind it – as something to which they were called to yield, the Corinthians viewed it as something that could be used to get ahead. This is reflected, amongst other things, in what Paul says about personality cults (1 Cor 1:10-12, 3:1-9), sexual immorality (5:1-6), and self-aggrandizement through the exercise of spiritual gifts (Chs. 12-14). In all these ways, the Corinthians had fallen into the trap of treating God as secondary, as little more than an instrument that could be manipulated for other ends.

It is for these reasons that contemporary individualism can only ever function as one type of explanation for the phenomenon of MTD. Sure, it can well flourish in such an environment: a spiritual creed that emphatically places the individual at its centre certainly plays well to our present age. But if what I have said is true, then using God, or the divine, for oneself is not merely the preserve of the modern age; using God as an instrument – a kind of secondary tool – is something to which people in every age are prone. Perhaps, beneath the varied manifestations of superficial spirituality and counterfeit piety lies the primal reality of the humanity’s propensity towards idolatry – of reducing the transcendent God to a human fabrication, which can then be tamed and exploited. Paul, of course, knew this well, when he excoriated humanity for its tendency to exchange the glory of the immortal Creator for bits of his creation (Romans 1:20-23, 25). Even the Corinthians, living so soon after the events of Easter, had constructed for themselves an idol that bore only faint resemblance to the God of the Gospel that Paul preached. Whether it’s in its ancient or modern guise, idolatry succeeds in turning God – and the spirituality that flows from him – into a mere function of a person’s own psychological interests and desires.

* * *

How different this is from an authentically Christian view of God and ourselves. As I was thinking about MTD, three main differences stood out, which together have profound implications for the construction of a genuine Christian spirituality. First, MTD seems to reflect a very ego-centric view of spirituality and religion, and is to that extent well-suited to our present, individualistic age. This is seen particularly in the way it shapes a person’s ethical outlook. Whilst MTD makes room for fairness and niceties, it promotes a kind of ‘no-cost’ morality, which will only go so far as the needs and interests of the individual will allow. As Smith discovered even this system of morality was, for many of his subjects, another means of attaining subjective wellbeing: ‘do good, feel good’, in other words. Neither (divinely-mandated) goodness, nor the image-bearing objects of that goodness, are ends in themselves; on the view of MTD, they are instruments for the more self-centred goal of bolstering personal self-esteem.

Christian ethics is much more radical than that, for two main reasons. On the one hand, it is founded upon the figure of Jesus himself, who gave us a model of sacrificial service before God and others. Where MTD uses the self as the yardstick of what is right and good, for Christian spirituality, it is the character and life of Jesus that grounds all ethics. Similarly, where MTD is focused primarily upon the individual, Christianity is focused, in large part, upon others. Many of Jesus’ parables have this flavour about them. He talks, for example, of the “wise and faithful” person as characterised by a willingness, in deference to God, to serve others with what he or she has (e.g., Luke 12:42ff).

It’s hard, too, not to think of what Paul says when he writes to the church in Philippi. The believers there should adopt an attitude like that of Jesus himself, who “made himself nothing”, “taking the…nature of a servant”, and “humbling himself…to death…on a cross” on behalf of others (Philippians 2:5-8). This represents a far more comprehensive, far more sweeping, approach to the ethical – indeed, the righteous – life. It is a life that revolves, not around the needs of self, but around the needs of others, even if that means sacrificing what is cherished or treasured. True Christian spirituality asks a person to order his or her life around an enduring commitment to the needs of others. Indeed, Paul’s exhortation in Philippians points to the dramatic nature of this commitment, as the Christian seeks to emulate Christ: it must lead to an imitative willingness to put aside any claims one might have, whether those claims relate to one’s status, possessions, comforts – even, according to the passage, one’s own life.

On the other hand, the kind of ethical change that authentic Christian spirituality demands – indeed, enables – moves far beyond the essentially affirmative formula of MTD. Given that MTD rests on the individual’s moral estimations for its ethical centre, it can never be truly transformative. Jesus’ well-known exhortation that one must be “born again” in order to “see” God (John 3:3) points subtly in this direction: the present, transient world can never provide the resources for a genuinely spiritual life; one must “begin again”, as it were, with the life of the Christian representing such a break from the past that it can be described as a new birth. In this, we must remember the centrality of the figure of Christ: he functions, not only as the paradigm for authentic Christian living, but as the foundation making it possible in the first place. Christian orthodoxy calls for a complete re-ordering of a person’s life, ethically and spiritually, as a person’s old nature is left behind, and a new nature is adopted (Col 3:5, 10). And this can only come about because of the pioneering work of Jesus himself. It is, of course, through him that one may undergo that change, as one is taken from the realm of sin and death and corruption, and placed under the aegis of him who sets the pattern for true, image-bearing living. MTD, by contrast, makes no room for the fundamental renovation of a person’s nature, nor can it; it can only encourage superficial change at best.

The second main difference I discerned is deeply related to the first. The ego-centric nature of MTD implies that God is also treated as a means to an end. God is reduced to a kind of “cosmic butler” (Smith), there largely to satisfy our wants and resolve our problems. God is ‘consumed’, so to speak, providing a product – in this case, spiritual harmony and psychological peace – to people whose main concern is to derive from religion whatever they can to help them along in life. Again, it’s difficult to overstate the difference here from a genuine Christian view of God. If true religion calls for service to others as a clear demonstration of piety, then it also sees obedience to God – from which flows the call to give of oneself to one’s fellows – as the greatest good. What the Gospel does is upend our relationship to the transcendent. God is not a “cosmic butler”, but the Lord of the cosmos; Christ, as the one who uniquely reveals this God, is the master; his claim over our lives – leading inevitably to the summons to self-giving love – is total and comprehensive. Moreover, he is not some kind of instrument, or the means to a more fundamental end, precisely because he is, in himself, the ultimate end and fulfilment of all things. He is utterly transcendent — sovereign over everything — whilst also constituting the existential ground of all that is. As Paul put it, when he preached to the pagans of Athens, “in him we live and move and have our being” (Acts 17:28). Christian spirituality remains adrift unless it is tethered to an acknowledgement of God as the One upon whom everything exists, and from whom all life flows. He is the beginning and the end, the source and the summit, of all existence. Trying to use God to reach something that one sees as the ultimate goal (as MTD implicitly does) is like a person who, having lost a torch in the middle of the day, decides to use the brilliance of the sun to search for it – hoping then they will be able to find that little source of light, and use it for the illumination they so desperately seek.

At any rate, the deism of MTD ironically undercuts whatever comfort one might seek from this kind of god. He is a distant deity: neither greatly concerned with the world’s affairs (save for wanting to guarantee psychological stability in certain people), nor driven to do anything, fundamentally, about it. He is the absentee-landlord of eighteenth-century deism, with a little bit of Oprah-inspired therapeutic wisdom thrown in for good measure. This brings me to the third main difference between the creed of MTD and authentic Christian belief. Whilst the God of Christian theology and tradition is transcendent, he is most certainly not distant. For it is in his transcendence – his freedom from all constraints, both material and metaphysical – that he is able, at the same time, to be intimately involved in the affairs of his creation. Reading through, say, John’s Gospel, shows us the twin truths of God’s supremacy and closeness, upon which a robust Christian spirituality may be built. He is, on the one hand, the Creator of all things, who through his Word has fashioned and animated this world (John 1:1-3). But he is also the heavenly Father, who condescends to those who are his, welcoming them into the intimate fellowship of the Trinitarian community (John 14:23; 17:26). What follows is an abiding, deep-rooted joy, based upon the enduring presence of the Creator himself. It is, in other words, the goal and focal point of true spirituality. With its offers of superficial succour, tied as they are to the vagaries of a person’s psychological state, the God of MTD represents a parody of what union with the divine is meant to look like.

* * *

MTD, then, is simply the latest in a litany of creeds and spiritual ‘packages’ offering the mirage of piety and religious devotion. At any rate, if we were to follow its underlying logic, we’d be left with a domesticated deity, denuded of his sovereign majesty. Any claim he might want to make upon us would be empty, since we would ultimately be at the centre of our spiritual lives. Such a relationship appears to be a far cry from what both Scripture and Christian tradition have affirmed about the Creator: he who brought the worlds into being with his command, who declared that he is the self-existent “I AM”, and who confronted Job in the storm. The temptation towards idolatry which confronts every age is something that also confronts the church as it seeks to represent God faithfully and genuinely.

The challenge for us, I suppose, is to humbly yield to the God who has created us, and upon whom we utterly depend. We must allow ourselves to be shaped by this God, who calls us – summons us – to be his. We cannot afford to fall into the trap of trying to look beyond him for whatever he can provide for us. He is, as I said, the ultimate foundation of everything else, such that there is no ‘beyond’. That way lies the false gods of human imagination, as do all efforts to ‘massage’ our image of the divine according to whatever cultural trends may presently be in vogue. The God Christians are called to follow cannot be tamed by human designs, or be made to fit into convenient packages, for the very reason that he is the One within whose plans and purposes we are called to fit. Such an acknowledgment is part of the very fabric of authentic Christian spirituality. Being a Christian, and pursuing a life of discipleship, requires the willingness to enter into a narrative that is not of one’s own making, one that has been opened up by the epochal work of Christ: a “world” that establishes the boundaries of truth and reality, morality and holiness. It can be difficult and demanding, in that we are not the ultimate legitimators of what constitutes the good. However, with that acknowledgement comes the opportunity to reflect and embody the ultimate Ground of all goodness – to live and act according to our (divinely-intended) natures.

To embody a fully-orbed life of Christian faith, we cannot fall into the trap of ‘consuming’ religion in order simply to satisfy some kind of spiritual dimension. As we approach God – as we approach the crucified and resurrected Christ – we are confronted with One who upends our assumptions about our relation to the divine, and subverts all of the idols that we may have constructed. For God is the One over every dimension, public and private, which compose the rather messy projects we call our lives. When we adopt this kind of posture, and clothe ourselves in this kind of thinking, we will find that those longings for fulfilment, transcendence, completeness and calm – all worthwhile and legitimate in themselves – are paradoxically met. It is a life of death and resurrection, of radical transformation, where one’s old existence is swallowed up by newness of life (cf. 1 Cor 15:53-54). It is something that contemporary constructions of spirituality, reflecting as they do the strictures and finitude of the present world, could never hope to emulate.

One Same-Sex Marriage, a Conscientious Objector, and Three Failed Arguments (Part One)

Introduction

They say that history is written by the victors. In the case of same-sex marriage legislation in Australia, it seems that the victors seek to write the future as well. Not content with the passage of SSM into law, advocates on both sides of the political aisle voted down a number of amendments that sought to protect the rights of dissenters from the new orthodoxy. For many of them, mere change of the marriage act was insufficient; complete public conformity now has to be enforced, underwritten by the imprimatur of the state. To be sure, some politicians who voted for Senator Dean Smith’s marriage bill unchanged claimed several substantive arguments in their defence. However, I cannot escape the feeling that for many parliamentary supporters of SSM, a desire for total victory was the primary driving force. That, and a sense of urgency induced by the approaching festive season, ensured that most of the proposed amendments received little more than cursory consideration.

As a consequence, only the most narrow of exemptions — touching directly on ministers of religion or religious institutions — remain in the bill. As for those who do not benefit from the protected sanctions of a recognized denomination, they may well find it difficult — perhaps exceedingly so — to preserve the integrity of their convictions in the face of demands to acquiesce. Photographers who decline to capture a same-sex wedding on film; a civil celebrant who does not wish to preside over a wedding ceremony centred around a same-sex couple; or a parent who does not want to expose her child to sex education that promotes a conception of marriage that contradicts her beliefs: in each case (and unless future amendments are accepted), the conscientious objector in question will have little recourse if they wish to retain the purity of their convictions. Since most opponents of SSM — or, to put it more positively, supporters of traditional marriage — are likely to oppose the change on religious grounds, any confrontation between the new regime and lingering dissent will raise burning questions concerning the legitimate scope of religious liberty in a secular society. If recent flashpoints in other countries are anything to go by, they’re likely to be rancorous affairs — deepening further the fissures that already exist between religious and secular, conservative and progressive.

Of course, for many advocates of SSM, both here and overseas, stringent limitations on a person’s ability to publicly express his or her (religious) convictions in this area is only just: true equality does not exist if even a few, lonely holdouts are permitted to maintain so-called “bigoted” attitudes beyond the citadels of their minds. This is certainly the case where commercial wedding vendors — specifically, those that directly contribute to the celebratory nature of a same-sex wedding — are concerned. Whether some Australian wedding operators may decline to provide services to same-sex nuptials remains to be seen; SSM was only legislated a month ago, and the first such ceremonies won’t be taking place until some time next month. However, the issue has been playing out in various locales across the United States, pitting religious conservatives against same-sex couples and their allies in state bureaucracies. As in so many things, US developments in this area could well be a harbinger of things to come here.

At any rate, whilst there may be a diversity of views on other questions, most SSM advocates (and even some opponents) are convinced that refusal to lend one’s creative talents to a same-sex wedding is manifestly unfair. For many of them, the alleged obviousness of their position means that it needs no discursive or articulated foundation. Still, some supportive politicians and commentators have tried to buttress it by proffering a series arguments that purport to demonstrate the illegitimacy of public opposition to SSM within the commercial space — particularly where it is inspired or driven by religious belief.

Three such approaches have recently caught my eye. All of them bear directly upon the issue of conflicting beliefs within the context of commercial transactions, and could be said to have implications for religious expression, conscience and intellectual liberty. Given the limits of space (which I have no doubt already pressed), I shall concentrate on only the first of the three arguments I have in mind. I’ve had reason to touch on these issues before, but recent events in the United States — where a dispute between Jack Phillips, a religious cake-shop owner, and a same-sex couple has made its way to the Supreme Court — mean that they still possess sharp currency. Despite claims that unwilling wedding vendors are likely to be a minor matter (and therefore of little significance), I incline to the view that if a political right is legitimate, it hardly matters how many people might be robbed of it by an overweening state. Furthermore, I think it important to answer advocates who would seek to ensure universal submission to the reality  of SSM, and to expose the shallowness of their arguments. A Sisyphean task, perhaps, but necessary nonetheless.

Race and Same-Sex Marriage: a False Analogy

Here, I want to examine a depressingly common justification for refusing to allow a dissenting wedding vendor to refrain from contributing materially and artistically to a same-sex wedding ceremony. I say “depressingly”, because the argument’s ubiquity is matched only by adherents’ rather thoughtless devotion to it. Some proponents of SSM have asserted that a wedding vendor who declines to provide his or her services to a same-sex ceremony is akin to commercial operators of a previous era placing signs in their front windows signalling their refusal to serve people of a certain “race”. If this sounds like an exaggeration — a caricature of an opponent’s point of view — then here is the ALP’s Penny Wong, staking out her position in response to the tabling of Liberal Senator James Paterson’s rival SSM bill:

“I thought we had gone past the point in this country where we had signs that said ‘We don’t serve Jews, we don’t serve blacks'”.

Senator Wong is hardly alone in thinking this way. During parliamentary debate on SSM and related amendments, Wong’s colleague, Linda Burney, asserted an equivalence between wedding vendors who decline to service a same-sex wedding, and racist business operators. And what about The Australian’s Peter Van Onselen, who lazily conflates the two actions? Their views simply reflect a great swathe of public opinion.

Unfortunately, the argument itself is deeply — indeed, corrosively — fallacious. To be sure, there are some superficial similarities between the examples cited by those above: in both activities, a kind of discrimination is taking place. But it should also be noted that not all such forms should automatically be construed as unfair or illegitimate. Discrimination takes place all the time in a myriad of settings, and it is even seen as virtuous in certain contexts. For example,  we do not fault an employer when he “discriminates” between the relative abilities of two candidates vying for a position at his firm. Quite the opposite: he is doing what is required of someone looking to enhance the profit-making capacity of his business. As such, there are times when a discriminatory outlook is not only warranted, but encouraged.

Wong, Burney, Van Onselen and their ilk are operating with a deeply confused understanding of what counts as unjust discrimination, illegitimately eliding real, invidious instances of discrimination with those that are only apparent. Refusing to serve someone based on their “race”, and declining to lend one’s creative talents to a same-sex wedding, are dis-analogous in a number of crucial respects.  At base, it is the difference between prejudicial treatment grounded in a person’s innate features or characteristics, and distinctions made based on a desire to avoid complicity in an event, ceremony or process with which one disagrees. As Senator Paterson — who is himself a supporter of SSM — has pithily said, “It’s not about the person, it’s about the event”.

It’s worth exploring these differences in a little more depth. On the one hand, commercial discrimination against someone based on race or ethnicity is rightly viewed as unfair, because it is grounded in (a) innate characteristics of an individual (as opposed to an event distinguishable from said individual); and (b) consequent considerations that are irrelevant to the transaction in question. The provision of housing cannot be withheld from, say, Indigenous folk, because no rational relationship obtains between (in this case) Aboriginality and accommodation, and no rational distinction exists between an Indigenous man and a white person. Such actions attack the person qua person, and serve simply to undermine their position as an equal member of society. Some academics have theorised that this is part of a wider system of racial domination, by which the dominant group seeks to reinforce the inferior status of the subordinate group. As a manifestation of that system, refusal to accommodate certain individuals on the basis of race targets certain intrinsic features which — once more — have no material connection to the goods and services they wish to access. That is why they are (justly) seen as bigoted or prejudicial.

On the other hand, there is a rational relationship between a wedding ceremony (in this case, a same-sex wedding ceremony) and the provision of wedding-related services. To provide such services just is to make a contribution to a same-sex couple’s nuptials. Here, the question of the shape and nature of the marriage in question becomes supremely relevant, at least for those who hold to a traditionalist view of marriage. This does not centre on a person’s sexual orientation (in the way that a bigoted hotelier’s refusal to serve African-Americans is intrinsically about one’s racial identity). Rather, and as Senator Paterson noted, the source of the vendor’s objection is the possible contribution to, and participation in, a particular event. Those wedding vendors who object to lending their services to a same-sex wedding do so, not because they refuse to serve LGBT people, nor because they wish to communicate a message of dominance to a supposedly subordinate group, but because they do not wish to participate in a ceremony that contravenes their conception of marriage.

Religiously conservative business owners who have  declined to render their services to a same-sex wedding have made this very point when hauled before state judiciaries. The separate experiences Baronelle Stuztman, a florist, and Jack Phillips (noted above) are instructive. Having been subject to legal sanction for their dissenting behaviour, both Ms Stutzman and Mr Phillips have stated clearly their willingness to serve gay couples for a variety of occasions. In fact, Ms Stutzman was sued by a gay couple she had willingly and cheerfully served for approximately a decade before running afoul of Washington State’s anti-discrimination statutes. However, she and Mr Phillips draw the line at making a material, artistic contribution to a same-sex wedding. In doing so, they are holding precisely to the distinction between persons and events that I have outlined. I’ve already written about Ms Stutzman, but it’s worth recalling the following words, since they can be applied to the issue more broadly (the brief excerpt within the quote comes from Ryan T. Anderson’s Public Discourse piece on this topic):

“In the case of Ms. Stutzman, her decision ‘did not spring from any convictions about people who identify as LGBT’, and had nothing to do with making distinctions based on a person’s sexual orientation; rather, it was rooted in what she believes to be the true shape of marriage”.

What proponents of the countervailing argument fail to realize is that there is actually a logical distinction between the sexual orientation of a person, and one’s definition of the institution of marriage. One may, for example, hold to a neutral — even positive — position on same-sex erotic relationships, even as they remain convinced that marriage is fundamentally a dyadic union of sexual complements. A quick thought experiment might help to make this distinction clearer. Imagine, if you will, a same-sex marriage composed of, say, two heterosexual women. Unlikely? Yes, but it is entirely conceivable.* Conversely, one may also imagine an opposite-sex marriage, composed of a gay man and a lesbian woman. It is therefore possible to separate the shape and nature of the event from the sexual identities of the participants involved. Assuming a religiously conservative cake-maker (for example) is consistent in his or her convictions, he or she will oppose the first union, but happily participate in the second. What these hypothetical examples do is dramatize the crucial difference between orientation (a feature of the person) and the structure of a marital relationship (an institution external to that person). That is why Ms Stutzman and Mr Phillips could, without a whit of inconsistency, serve LGBT people in a variety of contexts, and yet refuse to lend their artistic talents to a same-sex wedding.

By contrast, there is simply no parallel in the case of a business operator refusing to serve a customer because of the colour of their skin. Unlike the person-event distinction that obtains in the case of a same-sex couple wanting to marry, it is impossible to imagine a black person without reference to his or her ethnicity. Discrimination concerning race is inescapably grounded in certain, innate features of an individual; racially supremacist behaviour cannot be divorced from the prejudicial beliefs which underpin it, and is reducible those attitudes in a way that opposition to SSM (at least in some forms) isn’t. A distinction between neutral or positive regard and differential treatment — similar to the possibility that exists between one’s attitude towards homosexual relationships and a wedding vendor’s refusal to contribute to a same-sex wedding — is impossible where race is involved. A local publican’s turning away, say, an Indigenous man from his pub is simply the product of racial animus. The one is an expression of the other, such that in the absence of a personal attitude or belief concerning racial differences, a public display of racially-tinged discrimination would not — perhaps could not — exist.

Concluding Thoughts

The distinctions I have tried to highlight here are subtle, to be sure. But they are no less significant for all that. Sometimes, a fine-grained analysis is necessary, if only to expose the hollowness of an argument masquerading as self-evident truth. I remain convinced that this must be prosecuted, in order to make the case that it’s still possible for reasonable people to disagree. Of course, I fear that however strong my position is (and some may think it very weak indeed), it is likely to fall on a multitude of deaf ears — ears which belong to people who are already convinced that a Baronelle Stutzman and a proud segregationist dwell on the same moral plane. Indeed, the ease with which some progressives conflate the two leaves me doubtful about the prospects of détente or rapprochement on this issue.

As commentators like Rod Dreher and Ross Douthat have observed, if the analogy examined here continues to gain acceptance, then dissenting photographers, bakers, etc. will likely suffer the same kind of ostracism that Jim Crow advocates (quite rightly) experience in the US. It will mean that those who dare to object to the new orthodoxy will likely see their views de-legitimised before they have been given a fair hearing. After all, would we be willing to sympathetically enter into the emotional and intellectual world of a person who thinks that African-Americans are inferior to whites, and that their economic and social subjection is simply part of the natural order of things? Would we be willing to sincerely consider their point of view with any degree of openness?

This phenomenon goes well beyond commercial wedding vendors. As Douthat notes, positions on SSM that were taken by left-leaning politicians just a few years ago are now condemned as the “purest atavism”. The experiences of unwilling wedding operators may therefore prove to be a barometer of things to come, both here and overseas: the alleged parallels I’ve examined are now frequently deployed at a more general level to tar all opponents of SSM, regardless of whether they are in a position to refuse participation in a same-sex wedding.** If the analogy between race and SSM does hold (socially, if not logically), then there’s no real reason to restrict its application to those operating in the commercial wedding sector. Needless to say, none of this bodes well for the future of religious and intellectual liberty.

* Legally speaking, I mean. This is not to say that a same-sex marriage is metaphysically possible.

** As an aside, I remember speaking with a colleague just after Ireland voted to legalize SSM in 2015. I distinctly recall him saying that in time, opposition to SSM (broadly conceived) will be viewed in the same way we now see racist beliefs. He himself is a supporter of SSM, and he didn’t sound overly concerned by such a possibility. In fact, he seemed to think that it represented the natural extension of our culture’s current journey of progress. I doubt very much that the opinion was either original or unique to him.

Manus Island, Narrative Frames and the Politics of Truth

After almost a month, the Manus Island crisis has come to a close — at least for now. As the crisis rolled on, its ongoing ubiquity force me to reflect upon it at some length. Images of men, despondent and listless, lying on soiled mats or drawing fetid water from makeshift wells, still confront me. Major media publications are replete with sobering stories about the increasingly decrepit structures some asylum seekers inhabited, their stubborn efforts to remain in the processing centre, and the deepening tensions between the men and local Manusians. When  such a steady stream of words and pictures is presented to one’s consciousness — and in so stark and persistent a fashion — one is compelled to pause and think about it.

None of us receive an unmediated view of what’s occurring on Manus Island. In fact, the entire debate surrounding asylum seekers — particularly as it relates to the state of Australia’s offshore processing regime — has been conducted amidst a thick pall of fog, shrouding the truth from view. There are a number of reasons for this. The present government’s foolhardy decision to maintain some kind of media blackout around Nauru and Manus Island has surely contributed to the information vacuum. Its incessant refusal to adopt a more transparent approach to the system over which it presides has only encouraged rash speculation and innuendo. Moreover, discussion concerning asylum seekers seems to give people on both sides of the divide license to abandon all sobriety; I am often bewildered by the way rumour is frequently elevated to the level of substantiated fact. On the one hand, Australia’s offshore processing centres are regularly denounced  as “gulags” or “hellholes”; on the other, every act committed by an asylum seeker is dismissed as a cynical, manipulative attempt to force the government’s hand. When divisions run this deep, a meeting of minds appears impossible.

But behind the riven nature of these debates lie competing ideological narratives, which shape and constrain one’s interpretation of the broader issue generally, and the Manus Island saga in particular. Used wisely, narrative frames are extraordinarily helpful, providing us with the means of sorting and organising the mass of information regularly assailing us. At the same time, they can encourage simplistic interpretations of what are, in reality, often complex and ambiguous events. Indeed, where they inspire slavish devotion in people, narrative frames can actually be quite misleading.

Reporting around the unfolding events on Manus — specifically as it relates to the now-concluded standoff — provides small, but telling, examples of this broader point. I should note here that my aim is pretty modest: I am seeking neither to condemn nor endorse Australia’s current approach to boat-borne asylum seekers. Nor am I concerned to provide a blanket defence of this country’s offshore processing regime. Rather, I wish to critically examine one particular strand, and to challenge it with a more balanced, nuanced perspective. Furthermore, even though I am concerned to correct what could be called a “left-wing” narrative (simplistic though I regard that term), I certainly wouldn’t want to argue that only one side of the ideological divide is susceptible to “streamlining” the truth. I think, for example, of crude conservative  voices, which characterize all refugees and asylum seekers as either potential threats (of the terroristic or criminal kind), or as nothing more than a drain on the country’s economic resources. All of us are vulnerable to motivated reasoning and unbalanced accounts. In any case, I hope in this exercise to avoid the pitfalls that have plagued the debate for so long.

It may be recalled that one of the main reasons behind the stand-off between the asylum seekers on Manus and local PNG authorities was the refusal of the former group to move to a new transit centre near the island’s main township, Lorengau. In part, it was because the men who remained in the (now decommissioned) processing centre at Lombrum claimed to fear for their safety if they moved to their new location. Tweeting about the impasse, Australian politician Nick McKim said that the detainees’ “big concern” was just that — safety. It seems plausible enough, to be sure: a number of asylum seekers have been attacked by locals, whilst violent incidents at the centre have seen several individuals either maimed or murdered. The most notorious of those was a riot in early-2014, in which Reza Barati, a young Iranian man, was bludgeoned to death. During this recent standoff, some locals (perhaps with a fair amount of braggadocio) have promised to form lynch mobs to block the transfer of asylum seekers to the new facility. These facts are not in dispute.

However, in their zeal, some activists and refugee advocates have moved beyond these basic facts to weave together a rather Manichean narrative, in which a band of innocent, beleaguered men, languishing in a tropical prison, are constantly beset by a population marked by unremitting hostility. The men themselves are often beatified — transformed into paragons of the purest morality — whilst their reluctant hosts are implicitly denigrated as an apparently rabid and merciless group, driven by little more than xenophobic animus. The same phenomenon was observed some while ago in relation to apparent tensions between asylum seekers and native Nauruans. Notwithstanding his own reasons for wanting to portray life on Nauru in a certain light, former shadow immigration minister, Richard Marles, had a point when he chastised activists for depicting the sleepy Pacific outcrop as a hotbed of rape and violence. As he noted then (and as one ought to do now), crime, whilst always traumatic for its victims, exists everywhere. Manus Island certainly isn’t immune. The temptation to repeat these errors — where every unverified claim is aired uncritically — is proving too great for current commentators and advocates.

The reasons for some of these  lurid dramatizations aren’t difficult to find. Not only was the issue of safety used to justify the remaining asylum seekers’ ongoing act of resistance (decrepit though their lodgings may be);  it provided a prop to the argument that the men, like their counterparts on Nauru, are still subject to palpable, obvious and unrelenting harm as a result of living among the native population. The conclusion is then drawn that those on Manus will only be truly safe if transferred to Australia. Behind this lies a basic view of Australia’s current policy settings vis-à-vis asylum seekers.  Certainly, there are many who would like to see the entire edifice of offshore processing dismantled, and who have sought to use incidents of violence to argue for the complete cessation of present government practices. To do this, they have emphasized attacks against asylum seekers, and magnified the danger they face. The ultimate goal, of course, is to elicit sympathy from the Australian public, thereby generating a groundswell of support for a substantive shift in policy.

Human rights lawyer Daniel Webb is representative of this view. The Sydney Morning Herald reported that Webb had argued that violence against asylum seekers “highlighted the urgent need to bring those on Manus to Australia”. Similarly, lawyers Greg Barnes and Anna Talbot, in arguing for much the same position, have written of “regularly learn[ing] about asylum seekers being violently bashed by locals” (emphasis mine).  In what has to be one of the more extreme — and, as far as I can tell, unsubstantiated — claims, Elaine Pearson, Australian director of Human Rights Watch, said:

“While the October 31 deadline looms [regarding the closure of the Lombrum centre], refugees and asylum seekers on Manus Island have been getting stabbed, beaten, and robbed”.

(In the interests of fairness, two points should be noted. First, it’s not entirely clear what kind of timeframe Pearson is operating with: six months? A few weeks? If the former, then it might be possible to interpret her claim as capturing past incidents of violence meted out against individual asylum seekers. But the latter interpretation seems to fit the context more neatly, which would seem to render her statement inaccurate. Second, as the last remaining asylum seekers were being removed from the defunct processing centre, footage emerged purporting to show some of the men being beaten — consonant with Pearson’s allegation — by PNG authorities. Having viewed the footage online, I can only say that it is inconclusive. Whilst it shows police brandishing batons in a threatening manner, knowing precisely what’s happening is far from easy. Additionally, local police commanders have denied allegations of police brutality, saying that where force was used, it was in response to restive or obstreperous asylum seekers. This doesn’t clinch the argument by any means, but it makes it exceedingly difficult to ascertain the real tenor of recent events).

It’s indeed illuminating to reflect upon the way some have framed the vexed issue of boat-borne asylum seekers at this particular point. Urgent claims that the men on Manus are in imminent danger, and were therefore engaging in a heroic act of resistance by remaining in the decommissioned centre, taps into this plotline. All shades of grey have been leached, and other facts — ones that seem to challenge, or even simply nuance, the preferred narrative — have largely been ignored. A closer examination of the issue is thus required.

A number of telling facts present themselves. Take the movement of the men on the island, for example. Even though the asylum seekers who remained in the processing centre claimed to be concerned for their safety if they moved, there were at least 77 men living in the new lodgings, outside Lorengau, by the 4th November. If those concerns were as grave as some of the men (and their advocates) have argued, is it likely that a large swathe of asylum seekers would then move to the very township which is said to be the main source of danger? It’s possible that the 77 who transferred to the transit centre reasoned that the threat of violence was outweighed by the relative comfort of functional dwellings. But again, this fails to neatly cohere with what some activists are suggesting — namely, that asylum seekers who move to their new dwellings will be “rapidly in danger“. Even the earlier-noted reference to the formation of lynch mobs seems not to have eventuated, and may well have represented the bluster of one, frustrated individual. At the very least, I think the fact that so many asylum seekers have voluntarily transferred to the apparent epicentre of anti-refugee opposition raises questions as to the various motives driving such claims.

Of course, this proves little in isolation (even if it nods in the direction of a situation more complex than some would care to admit). But reports regarding the actions of some locals — trying as they did to provide aid and succour to the remaining asylum seekers during the impasse — as well as the activity of the men themselves, would seem to cast further doubt on the broad picture that refugee advocates seek to propagate. Some media outlets referred to local Manusians making numerous attempts to supply the men with a variety of basic goods whilst they remained in the processing centre. For example, The Australian recently reported that in addition to asylum seekers leaving the centre to retrieve caches of food and medicine, locals living nearby “were regularly allowing the men to access water and recharge phones”. It was also said that local PNG authorities were turning a blind eye to this practice, and that even police themselves were bringing the men food and water — something one senior officer said reflected Melanesian hospitality (interestingly, this adds another layer to the implicit depiction of PNG authorities as violence-prone thugs).

Now, I wouldn’t want to lionise local Manusians at all; as I noted above, several acts of the most appalling barbarity have been perpetrated against asylum seekers living on the island. Openness on the one hand is consistent with violent minority opposition on the other. However, the feared brutality of the mob has so far failed to materialise, even though the stand-off had been dragging on for some weeks. Where there may be a risk, the Australian government has said that security at the new centre has been arranged. More importantly, the reported generosity of many PNG residents undercuts the monochromatic portrayal of Manus Island as a place brimming with an irrational hatred of those seeking asylum. The picture that emerges instead is one that is quite common: a people that is generally hospitable, but which grapples (as do all societies, to greater or lesser degrees) with its share of sometimes-violent criminality.

But if it’s true that the character of local New Guineans has at times been unfairly reported, then it is also the case that refugee activists have failed to paint an accurate picture of the asylum seekers on Manus Island. As I suggested earlier, the men who remained in the processing centre have been portrayed in highly flattering, if simplistic, terms. However, one might be surprised to learn that since October 2013 (around the time the current Coalition  government implemented its Sovereign Borders policy), PNG police have recorded “161 incidents of various offences involving residents [i.e., asylum seekers]…[including] assault, aggressive behaviour, unlawful entry, property damage, and contraband” (‘Sex and drugs’ at Manus village, The Australian, November 11-12, 2017; article paywalled. For further reporting, see here). Many incidents occurred in Lorengau, which implies a degree of movement between the processing centre and the island’s main township. Some of the allegations relate to sexual contact with underage girls, which would seem to cohere with other reports (featured in sympathetic media outlets like The Guardian Australia and the ABC) concerning the prosecution of crimes committed by asylum seekers against Manusian women.

Leave aside the question as to whether Australia ought to accept such men (if the allegations prove to be true). I think we can draw several tentative conclusions from the information above. Crucially, it further undercuts various features of the picture activists wish to propound: i.e., the notion that innocent asylum seekers are routinely being set upon by members of the local population, simply because they are despised by their would-be hosts. Crimes committed by some asylum seekers — particularly where they involve the exploitation of minors — would help explain whatever animus exists between them and local Manusians. On this reading, antipathy towards the men isn’t arbitrary; it hasn’t emerged from a vacuum, but remains a comprehensible (if at times utterly inexcusable) reaction to criminal acts. Indeed, current local opposition to the asylum seekers is partly grounded in fears that they might threaten the safety of PNG residents — fears that would seem to be somewhat justified, given the grave nature of some of the allegations.

These accounts also place the asylum seekers in a far more ambiguous light, morally speaking. One shouldn’t be surprised: as ordinary human beings, asylum seekers are prone to the same moral failings that everyone else is. Of course, asylum seekers aren’t uniquely gifted in the practice of human perversion — but nor are they the sainted protagonists of activist hagiography. Again, a key plank in the narrative plotted by refugee advocates is not quite as strong as it seems. This, too, appears to be true of claims that the asylum seekers could not leave the centre for fear of attack. The reports in question suggest, rather, that the men have had few qualms about travelling into Lorengau, whether for licit or illicit purposes. Contrary to the suggestion that the remaining asylum seekers were rendered paralysed by terror — and for that reason, remained holed-up in the Lombrum facility — the many allegations of misconduct outside the centre implies frequent movement, unencumbered by such concerns.

***

I referred earlier to the power of narrative to govern the way we see an issue; this, I think, has been borne out during the Manus Island saga, especially as it concerns the claims I have surveyed here. Certainly, the situation there is far more complex than the black-and-white portrayals some advocates have created, which suggests that the basic narrative frame with which they operate has, in this case, led them astray. Of course, one’s view on any issue is inevitably partial. What we are accorded does not arrive in pristine, undiluted form, but passes through many layers of mediation. A narrative frame is a particularly powerful type of mediating agent, for it establishes the very boundaries — the basic criteria — of what one considers true, plausible or even worthy of attention. This is true of both individuals and collective — including media — enterprises.

It’s not that grasping the truth remains impossible. However, facts are rarely apprehended in isolation; they are held together in a variety of ways, used to sustain whatever “plotline” the speaker or writer finds compelling and wishes to promote. Where the plotline is flexible, a dialectical process of mutual influence usually prevails: the significance of facts is shaped by one’s pre-understanding, whilst that pre-understanding is (where necessary) modified in accordance with new data. Of course, if one it too beholden to his preferred view, the salience of specific facts can either be minimised or magnified; simultaneously, countervailing data may be downplayed in order to maintain a certain frame of reference. I’m not suggesting that this is always done deliberately or consciously; much of the time, a person’s basic view of the world exerts its influence at a subterranean level. But we must remain alert to the fact that the truth we do grasp is always going to be leavened by a welter of other concerns, whether personal or political — lest we end up promoting a largely distorted, one-dimensional perspective. Helpful as they can be in rendering coherent a mass of otherwise disparate information, narrative rigidity is a constant danger, constraining insight, and blanketing comprehension. Sobriety and prudence, then, should be our watchwords. Given that events on Manus are mired in confusion and ambiguity, that warning seems especially germane.